As used in this chapter, the following terms shall have the
meanings indicated:
FENCE
A structure serving as an enclosure, barrier or boundary
to divide a piece of land or property into distinct portions, including,
but not limited to, fences made from chain link, wood, concrete, stone,
brick, plastic and/or the like.
[Amended 1-20-2000 by L.L. No. 1-2000]
FRONT YARD
Applies to that portion of the yard in front of the front
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered as a front
yard for purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
[Amended 1-20-2000 by L.L. No. 1-2000]
No fence shall be erected without a permit from the Village
of Baldwinsville Code Enforcement Officer, except that no permit shall
be required for a fence less than four feet in height and located
more than six feet from an existing property line.
Any person or persons, corporation, firm or association intending
to erect a fence shall, before any work is commenced, make application
to the Code Enforcement Officer on a form provided by the Code Enforcement
Officer. Said application shall be accompanied by a plan or sketch
showing the proposed location of any fence and the materials proposed
to be used therein, which must be in accordance with this chapter
and any other pertinent local law regulating construction within the
Village. Upon approval by the Code Enforcement Officer, a permit shall
be issued which will be in effect for a period of one year from the
date thereon. Said permit shall be available on the job during the
progress of the work so that it may be inspected by proper Village
officials.
[Amended 1-20-2000 by L.L. No. 1-2000]
A. A fence shall not exceed a maximum height of six feet for any residential
property and 10 feet for all other uses.
B. Fences located in front yards shall not exceed a maximum height of
four feet.
C. The finished or "good" side of a fence, if different from the other
side, shall face away from the property toward the adjacent property
or boundary line.
Any fence erected under this chapter shall be placed at least
six inches from any property line. Any fence erected in a front yard
shall be placed at least one foot back from the sidewalk, but in no
event may it be less than one foot back from the front line and/or
property line.
[Added 6-7-2001 by L.L. No. 2-2001]
A. Except as expressly set forth in this section, electrically charged
fences are prohibited.
B. An "invisible fence" is a fence which is buried underground and designed
to emit a radio transmission for the purpose of keeping pets that
are wearing a special radio receiver collar within a confined area.
C. Invisible fences are allowed if:
(1) They are a minimum of 10 feet from sidewalks;
(2) They are on private property;
(3) Signs less than 12 inches square are conspicuously posted indicating
invisible fences are in use; and
(4) A permit has been issued pursuant to the same procedures permitting
fences.
The Code Enforcement Officer shall have the authority to direct,
in writing, the removal, trimming or modification of any shrubs, bushes,
plants, trees, flowers or other vegetation, fence, wall, hedge or
other structure on private or public property wherever the same shall
interfere with adequate visibility of operators of motor vehicles
at street intersections or curbs. Any person who shall refuse or neglect
to comply with the written direction of the Code Enforcement Officer
shall be guilty of a violation of this chapter and shall be subject
to its penalties.
Any person in violation of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $250. Every
day of such violation may be held to constitute a separate offense.
As an alternative, upon violation of this chapter, the Village, in
addition to other remedies, may institute an action or proceeding,
including an injunction to prevent violation of this chapter.
This chapter shall not apply to any fences lawfully in existence
nor shall it apply to any application to construct a fence made or
in existence prior to the effective date of this chapter.
[Added 6-4-1998 by L.L. No. 4-1998]
A.
The definition of "front
yard" shall also apply to all property adjacent to and/or along
the Seneca River which would normally be considered in back of the
building to the property line on the Seneca River. It is hereby expressly
determined that such property could be considered to have two front
yards with no rear yard.
B. Notwithstanding any inconsistent provision to the contrary, any fence
on property adjacent to and/or along the Seneca River shall be an
open-mesh see-through-type no more than 48 inches in height.