[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 8-19-1985 by L.L. No. 4-1985 (Ch. 35A of the 1971
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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]
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.
A.
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 to men and equipment for combatting fires
or 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.
B.
The following fences and fencing materials are specifically prohibited:
(1)
Barbed wire.
(2)
Pointed fences under three feet high.
(3)
Canvas fences.
(4)
Cloth fences.
(5)
Electrically charged fences.
(6)
Poultry fences.
(7)
Turkey wire.
(8)
Temporary fences, except as authorized by the Code Enforcement Officer.
[Amended 1-20-2000 by L.L. No. 1-2000]
(9)
Expandable fences and collapsible fences, except during construction
of a building.
C.
All chain link fences erected shall be erected with the closed loop
at the top of the fence.
D.
All entrances or gates shall open onto the property.
[Amended 1-20-2000 by L.L. No. 1-2000]
E.
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.
F.
All fences or walls must be erected so as not to encroach upon a
public right-of-way or easement unless a waiver is granted by the
Village Board of the Village of Baldwinsville. All fences or walls
must be erected within the property line, and none shall be erected
so as to interfere with vehicular or pedestrian traffic or interfere
with visibility on corner lots and/or structures or vehicles, whether
stationary or transitory, on private or public property.
G.
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.
[Added 1-20-2000 by L.L. No. 1-2000]
[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:
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"[1] 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.
