HomeMy WebLinkAboutLL 14 of 2009 Fences and Walls.docTOWN OF ITHACA
LOCAL LAW NO. 14 OF THE YEAR 2009
A LOCAL LAW AMENDING FENCE AND WALL REQUIREMENTS AND ADDING
RELATED DEFINITIONS IN CHAPTER 270 (ZONING) OF THE
TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code,
Section 270-5, titled "Definitions," is amended by adding the following definitions:
"DEER FENCE — A fence commonly used to protect gardens, vegetation and yards from
deer and constructed so that at least 85% of its face is open when viewed from a position
that is at a right angle to the fence. Notwithstanding the foregoing, chain link fences shall
not be considered deer fences under this chapter even if they meet the criteria in this
definition.
FENCE or WALL -- Any human -made structure, including a gate that is part of the
structure, that is designed to enclose land, divide land, mark a boundary, limit access to
or direct passage across land, screen structures or land, protect against a potential hazard,
or serve a decorative purpose. A freestanding arch or arbor shall not be considered a
fence or wall even if it meets the criteria in this definition; an arch or arbor attached to a
fence or wall shall be considered a part of the fence or wall.
RETAINING WALL — A human -made, vertical or inclined structure designed to restrict
the movement of soil, fill material, or water, stabilize soil or fill material, retard erosion,
or terrace a parcel or site.
WALL — See definition for fence."
Section 2. Chapter 270 (Zoning), Article XXVII (General Provisions) of the Town of
Ithaca Code, Section 270-223, entitled "Fences and walls," is amended as follows:
A. Delete all of the text in Section 270-223 and add new subsections A and B
reading as follows:
"A. Fences and walls.
(1) Except as otherwise specified in subparagraphs 2-10 below or in
other provisions of this chapter, fences and walls up to 6 feet high
are permitted as of right in all zones and in all locations, including
yards, setbacks and buffer areas, notwithstanding any other
provisions of this chapter.
(2) A fence or wall may be built up to a common lot line but may not
encroach on the adjoining property nor interfere with adequate
sight distance for vehicles exiting from driveways on the parcels
sharing the common lot line.
(3) Fences and walls that have any portion located less than 10 feet
from a street right-of-way line shall have maximum heights as
follows:
(a) 3 feet, if less than 50% of the fence or wall face is open
when viewed from a position at a right angle to the fence or
wall;
(b) 4 feet, if at least 50% of the fence or wall face is open when
viewed from a position at a right angle to the fence or wall;
(c) fences and walls that do not meet the above criteria may
have a maximum height of 6 feet, but only upon receipt of
a special approval for same from the Board of Appeals, or
(in those instances where site plan approval is required by
this chapter for a development or activity) upon receipt of a
special permit for same from the Planning Board, in
accordance with the procedures set forth in this chapter.
(4) Fences and walls are not allowed within public street right-of-way
lines without written permission from the public entity that holds
the right-of-way.
(5) Deer fences up to 8 feet in height are permitted as of right in all
zones and in all locations, including yards, setbacks and buffer
areas. Building permits are required for deer fences exceeding 6
feet in height.
(6) Fences and walls up to 8 feet in height are permitted as of right in
all locations, including yards, setbacks and buffer areas, for lawful
farm operations. Building permits are required for fences and
walls exceeding 6 feet in height.
(7) Fences and walls up to 8 feet in height are permitted as of right in
all locations, including yards, setbacks and buffer areas, in light
industrial zones and industrial zones. Building permits are
required for fences and walls exceeding 6 feet in height.
(8) (a) The use of barbed wire or electrification, or any other
material or device that could reasonably be expected to
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cause injury upon human contact, is prohibited except
when used on:
(i) Fences and walls used for lawful farm operations;
(ii) Fences and walls used in conjunction with the
keeping of domestic animals in accessory buildings;
or
(iii) Fences and walls in light industrial zones or
industrial zones.
(b) Electrification may be used for fences constructed or
installed wholly underground that are designed to keep pets
in yards.
(9) Fences shall be erected with the finished side (if any) facing the
street and abutting properties, and with backers, supports, and
posts on the inside of the fence, unless they constitute an integral
part of the finished side, or unless the fence is of the type that
requires posts to be placed in an alternating pattern inside and
outside the fence to maintain stability.
(10) Where site plan approval is required elsewhere in this chapter for a
development or activity, the site plan review shall include review
of the adequacy, location, arrangement, size, design, and general
site compatibility of proposed fences and walls. Where a site plan
exists, an approved modified site plan shall be required if any of
the thresholds specified in § 270-191 of this chapter are met,
including but not limited to proposed changes to or additions of
fences or walls where such changes or additions meet a § 270-191
threshold.
(11) Fence and wall heights shall be measured vertically from the
natural grade to the top of the fence or wall at each point along the
fence or wall.
B. Retaining walls.
(1) Except as otherwise specified in subparagraphs 2-7 below or in
other provisions of this chapter, retaining walls of any height are
permitted as of right in all zones and in all locations, including
yards, setbacks and buffer areas.
(2) Retaining walls or portions thereof that run substantially parallel to
an adjoining property line and are within 5 feet of the property line
shall not exceed 3 feet in height and shall be limited to one in
number along each property line, except upon receipt of a special
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approval for higher or additional walls from the Board of Appeals,
or (in those instances where site plan approval is required by this
chapter for a development or activity) upon receipt of a special
permit for same from the Planning Board, in accordance with the
procedures set forth in this chapter.
(3) A retaining wall may be built up to a common lot line but may not
encroach on the adjoining property nor interfere with adequate
sight distance for vehicles exiting from driveways on the parcels
sharing the common lot line.
(4) Retaining walls are not allowed within public street right-of-way
lines without written permission from the public entity that holds
the right-of-way.
(5) Where site plan approval is required elsewhere in this chapter for a
development or activity, the site plan review shall include review
of the adequacy, location, arrangement, size, design, and general
site compatibility of proposed retaining walls. Where a site plan
exists, an approved modified site plan shall be required if any of
the thresholds specified in § 270-191 of this chapter are met,
including but not limited to proposed changes to or additions of
retaining walls where such changes or additions meet a § 270-191
threshold.
(6) Retaining wall heights shall be measured vertically from the
natural grade to the top of the retaining wall at each point along the
retaining wall.
(7) Building permits are required for certain retaining walls as
specified in § 125-4.A(6)."
B. Add new Section 270-223.1, titled "Terraces, steps, and unroofed structures",
reading as follows:
"The provisions of this chapter shall not apply to terraces, steps, unroofed
porches, or other similar features not over three feet above the level of the floor of
the ground story or three feet above grade, whichever is lower."
Section 3. Chapter 270 (Zoning), Article XIX (Light Industrial Zones), Section 270-146,
entitled "Permitted accessory buildings and uses," is amended by deleting subsection I.
Section 4. Chapter 270 (Zoning), Article XX (Industrial Zones), Section 270-160,
entitled "Permitted accessory buildings and uses," is amended by deleting subsection I.
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Section 5. Chapter 270 (Zoning), Article XX (Industrial Zones), Section 270-161,
entitled "Placement of accessory structures," is amended by deleting this section and replacing it
with the following:
"Except as otherwise provided elsewhere in this chapter, accessory structures or buildings
may be placed in any required side or rear yard but no closer than five feet to the
boundary of the property. Except as otherwise provided herein or elsewhere in this
chapter, no structures shall be placed in any required buffer zone. Parking, signs, and
guardhouses may be placed in a front yard provided the Planning Board finds the location
of such structures is in accordance with the criteria for approval of the site plan and the
location is shown on an approved site plan. Signs and guardhouses if placed in a required
front yard may also be placed in any required buffer zone that is in the front of the
property."
Section 6. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 7. This local law shall take effect upon publication of the local law or an abstract
of same in the official newspaper of the Town, or upon its filing with the New York Secretary of
State, whichever is the last to occur.
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