Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 3-26-1984 by L.L. No. 4-1984 (Ch. 76 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 144.
Zoning — See Ch. 350.

§ 148-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FENCE
Any structure, regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.
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 front yards for the purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.
HEIGHT
The distance measured from the existing grade to the top of the fence.
REAR YARD
Applies to that portion of the yard from the rear building line of any building to the rear of the lot.
SIDE YARD
Applies to that portion of the yard in front of the rear building line of any building and to the rear of the front building line of any building.

§ 148-2 Approval required.

No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer.

§ 148-3 Application for permit; issuance of temporary permit.

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 and shall be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer, a temporary 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. The Code Enforcement Officer shall inspect any such fence and may revoke said permit if the fence does not comply with all provisions of this Code.

§ 148-4 Height limitations.

No fence shall be more than six feet in height at the rear of homes or buildings situated in a residentially zoned district, which fence shall not extend forward of the rear building line of any existing or proposed building. No other fence or portions of a fence shall be higher than 36 inches in any front yard or 48 inches in any side yard.

§ 148-5 Location.

Any fence erected in a front yard shall be placed at least two feet back from the sidewalk.

§ 148-6 Obstructions affecting public safety.

Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires or an obstruction to men and equipment for combating fires, which may affect public safety, is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.

§ 148-7 Prohibited fences.

The following fences and fencing materials are specifically prohibited:
A. 
Barbed wire.
B. 
Short, pointed fences.
C. 
Canvas fences.
D. 
Cloth fences.
E. 
Electrically charged fences.
F. 
Poultry fences.
G. 
Turkey wire.
H. 
Temporary fences, such as snow fences.
I. 
Expandable fences and collapsible fences, except during construction of a building.

§ 148-8 Chain link fences.

All chain link fences erected shall be erected with the closed loop at the top of the fence.

§ 148-9 Entrances and gates.

All entrances or gates shall open into the property.

§ 148-10 Finished side to face outside.

Any fence, wood, stockade, chain link or other type of fence, shall have the smooth side or finished side facing to the outside of the property of the owner installing the fence. Fence posts will be placed on the inside of the fence.

§ 148-11 Security fences.

Notwithstanding the provisions of this section, the Code Enforcement Officer may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Code Enforcement Officer of the Village of Lancaster. The Code Enforcement Officer may deny such application if it is found that the application for such fence is not appropriate and is unnecessary. Upon such denial, the applicant may appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals of the Village of Lancaster by notice to the same within 30 days of such denial. In the event that said Zoning Board substantiates the denial of the Code Enforcement Officer, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.

§ 148-12 Location to be within property line.

All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.

§ 148-13 Visibility at intersections.

The Code Enforcement Officer or Superintendent of Public Works 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.

§ 148-14 Coloring.

[Added 8-18-1997 by L.L. No. 3-1997]
Unless otherwise approved by the Village Board of Trustees, fences, including posts, shall be the same coloring on all sides in equal and identical proportions.

§ 148-15 Penalties for offenses.

Any person, firm or corporation, or his or her or its agent, servant, workman or employee, violating any of the provisions of this chapter shall be punishable by a fine not exceeding $100. Each days' continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.