§ 300-42. Fences and walls., Article XI. Supplementary Regulations, Chapter 300. Zoning and Land Use, Part II. General Legislation, Code of Ordinances, Dobbs Ferry

General standards.

(1)

When a fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected. Fences that do not meet the requirements of this chapter shall be submitted to the AHRB for approval of materials and to the Zoning Board of Appeals for approval of height and opacity.

(2)

Fences, property walls, and retaining walls are not subject to setback requirements from property lines. Retaining walls with a height differential of less than 30 inches as measured from the grade at the low side to the grade at the high side do not require a building permit. All retaining walls with a height differential of 30 inches or greater as measured from the grade at the low side to the grade at the high side require a building permit and are subject to site plan review and approval. Except as set forth in Village Code § 300-18F(2), all retaining walls requiring a building permit shall be submitted to and approved by the AHRB.

Height.

(1)

Measurement.

(a)

Fence height shall be measured from ground level to the highest portion of the fence. Where the grade changes along the length of a fence, the high point of the fence shall generally follow the grade.

(b)

When a fence is erected upon a man-made berm or wall, the height shall be measured from the base of the man-made berm or wall.

(c)

For compliance with Subsection B(1)(b) above, fences or walls located on top of retaining walls or berms shall be limited to a height of four feet as measured from the grade at the bottom of the fence to the top of the fence or wall. For the purpose of measuring the height of retaining walls, any retaining wall within five feet of another wall shall be considered a single wall.

(2)

Residential districts. In the residential districts, fences and walls shall not exceed a height of four feet in front yards and six feet in side and rear yards. Any fence installed in a front yard shall be of no greater than sixty-percent opacity (that is, it shall obscure no more than 60% of the view into the land).

(3)

Nonresidential districts. In zoning districts other than residential zoning districts, fences and walls shall not be permitted in front setback areas, except along side property boundaries, and shall not exceed a height of six feet on the remainder of front yards and in side or rear yards. When necessary for security purposes, taller fences may be approved by the Planning Board as part of the site plan review process.

(4)

Exemptions.

(a)

Required screening. Fencing provided to meet screening standards established by the Planning Board or any requirement of this chapter is exempted from the opacity standards of this subsection, but in no case shall the fencing exceed the maximum height limits of this subsection.

(b)

Exemption for recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this subsection. Such fences shall be constructed of vinyl-coated chain link material or other similar material so as not to create a solid or closed surface. Weaving of material between links or otherwise creating a closed fence surface is prohibited. Fences surrounding swimming pools shall meet State Building Code standards.

(c)

Exemption for safety. Major utilities, wireless telecommunication services facilities, government facilities, and other public safety uses shall be allowed to increase maximum fence heights to eight feet in front, side and rear yards when necessary for public safety reasons.

Materials. Fences, walls and gates adjacent to public rights-of-way shall be constructed of a durable and decorative material such as stone, brick, wrought iron or wood. Chain link or metal slat fencing is prohibited in the front yard, and electrified fences, razor wire and barbed wire are prohibited in any and all yards.