[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
The distance measured from the existing grade to the top
of the fence.
Applies to that portion of the yard from the rear building
line of any building to the rear of the lot.
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.
No fence, wall or other type of construction shall be erected
without the approval of the Code Enforcement Officer.
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.
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.
Any fence erected in a front yard shall be placed at least two
feet back from the sidewalk.
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.
The following fences and fencing materials are specifically
prohibited:
All chain link fences erected shall be erected with the closed
loop at the top of the fence.
All entrances or gates shall open into the property.
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.
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.
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.
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.
[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.
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.
