[Amended 10-1-1986; 12-6-1989; 5-2-1990; 4-17-1991; 10-7-1992 by L.L. No. 4-1992; 8-6-1997; 8-16-2017 by L.L. No. 7-2017; 10-5-2022 by L.L. No. 6-2022]
A. Residential districts.
(1) A fence or wall may be erected in any residentially zoned district
(R-1, R-2, R-3, R-4, A-1), after securing a permit:
(a)
In any rear yard or interior side yard, provided that the fence,
wall or hedge does not exceed six feet in height.
(b)
In any front yard, as follows:
[1]
A fence or wall intended for decorative purposes may be erected
as part of a landscape plan in a front yard, along, next to or in
connection with an entrance to a residence or along or next to a driveway
or comer of a front yard or at the juncture of a driveway and a public
sidewalk.
[2]
Such fence or wall shall be erected wholly within the lot line
of the property and at least three feet inside of the interior edge
of the public sidewalk.
[3]
Such fence or wall or hedge shall in no event enclose a front
yard; nor shall it exceed four feet in height. A fence shall be of
open, decorative design and permit clear visibility through at least
80% of its vertical area.
[4]
On any lot fronting two or more public streets, each and every
yard fronting such street shall be considered a front yard for the
purposes of this section.
(c)
Enclosing a tennis court, provided that the fence does not exceed
12 feet in height.
(d)
Enclosing a swimming pool, subject to the requirements of the
New York State Uniform Code.
(2) A hedge planted in a district zoned residential shall, if planted
in an interior side yard or rear yard, an exterior side yard or any
front yard, be subject to the same limitations and restrictions, including
height, as a fence or wall if the hedge is planted at or near the
property line and is designed to serve the function of a fence or
wall but shall not require a permit.
(3) For a lot whose rear lot line abuts the New York State Thruway, fences
and walls in a rear yard shall be permitted to be erected to a height
of eight feet.
B. Nonresidential districts.
(1) No fence, wall or hedge shall be erected on any premises zoned other
than residential until a permit has been issued by the Code Enforcement
Officer after approval by the Planning Board.
(2) The Planning Board shall grant approval only after a determination
that the proposed fence, wall or hedge will afford adjoining premises
an environment reasonably free of offensive noise, smell, dust and
debris and will be of quality design and construction.
(3) No permit shall be issued for the erection of a fence, wall or hedge
on premises abutting a residentially zoned property where the proposed
fence, wall or hedge exceeds eight feet in height.
C. Visibility at intersections. Nothing herein shall be construed to
limit or modify in any way the existing sections Town of Orchard Park
Code relating to visibility at intersections.
D. Prohibited fences, walls and hedges. The following types of fences,
walls and hedges are specifically prohibited anywhere in the Town
of Orchard Park:
(3) Electrically charged fences or walls (except for agricultural use).
(4) Chain-link fences in a front yard.
(7) A fence, wall or hedge constructed within the right-of-way of any
public street.
E. Miscellaneous provisions.
(1) A fence, whether of wood, chain link, stockade or any other type,
shall be erected so that the smooth or finished side shall face to
the outside of premises. All fence posts shall be placed on the inside
of the fence.
(2) Painted fences and walls shall be of one color only.
(3) No fence or wall shall be erected in such manner as to inhibit or
divert the natural drainage flow or to cause the blockage or damming
of surface water, creating ponding.
(4) No fence or wall shall be erected which may create a fire hazard
or other dangerous condition or which may result in obstruction to
the effective combat of fire.
(5) All existing fences, walls, hedges and other barriers which do not
conform to the provisions of this chapter may be continued as they
presently exist, as long as the same are not altered, extended or
modified.
Land coverage by principal and accessory buildings
or structures on each zone lot shall not be greater than is permitted
in the district where such principal and accessory buildings are located.