Local Law #3 of 2016
A Local Law amending
the Village of Otisville’s Comprehensive Zoning Law of 2011
Be it enacted by the Board of Trustees of the
Village of Otisville as follows:
Section One: Intent
The purpose of this local law is to protect the public health, welfare
and safety. It is intended to protect
property values and enhance and protect the physical appearance of the
community.
Section Two:
The following shall replace Section 5.1.3.3 of Article V: Supplementary
Regulations in the Village of Otisville’s Comprehensive Zoning Law of 2011.
Section
5.1.3.3 Fences or walls: (amended March 2016)
a) Except as otherwise provided in
Article 5.1.1.1, no fence or wall in excess of six (6) feet in height shall be
erected in any Residence District and no fence or wall in excess of four (4)
feet in height shall be erected in the front yard in any Residence District. Fences or walls with a height in excess of six
(6) feet are permitted only in Commercial or Commercial/Industrial Districts
and shall conform to the setback requirements set forth in this local law for
buildings.
b) In any district, a fence shall have
its most pleasant or decorative side facing the adjacent lot with all posts
being in the applicant's yard. Said
fence shall be durable, properly maintained and not detrimental to adjoining
property.
c) In the event that the adjoining
property contains a legally existing structure lying less than three (3) feet
from the property line along which the proposed fence is to be installed, the Code
Enforcement Officer must refer the application to the Village Planning
Board. The Planning Board may impose
setback requirements, or other stipulations, to insure that the installation of
the proposed fence does not create any safety concerns and does not prevent
adequate and safe access to the legally existing structure on the adjoining
property for maintenance of that structure.
d) The Code Enforcement Officer may
refer any fence application to the Planning Board with a recommendation that setback
requirements, or other stipulations, be imposed. Such referrals shall list the specific
reasons the Code Enforcement Officer believes this to be necessary for maintenance
and/or safety purposes.
Section Three: Saving Clause:
In the event that any provision of this law is declared
unconstitutional or invalid, or the application thereof to any person or
circumstances is held invalid, the applicability of such provision to other
persons and circumstances and the constitutionality or validity of every other
provision of the law shall not be affected thereby.
Section Four: Effective Date:
This local law was adopted by the Village of Otisville Board
of Trustees by resolution on March 17, 2016 and shall take effect immediately
upon its filing with the Secretary of State of the State of New York.
