Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE XIV
Fences and Walls
§ 305-98 Purpose.
The purpose of this article is to protect the health, safety, and welfare of Village residents by providing guidelines and standards for the types of fences and walls erected on any lot in the Village.
§ 305-99 Permits.
A.
A zoning permit shall be required for fences or walls as follows:
(1)
Any fence or wall of any height within any yard that abuts a public or private street; or
(2)
Any fence or wall that exceeds four feet in height, regardless of the location on the lot, except for seasonal exclosure fences.
B.
Seasonal exclosure fences shall be exempt from the permitting requirements. All permanent exclosure fences, within any yard that abuts a public or private street, shall require a zoning permit.
C.
Prior to the erection or construction of any fence or wall requiring a zoning permit, the property owner must obtain a zoning permit signed by the Village's Code Enforcement Officer permitting the fence or wall in the location(s) stated on the permit.
D.
Any fence or wall in existence as of the effective date of this article may remain in existence, in its present location, provided that it satisfies the requirements of this article and is located either on the owner's property or along a property line and not within a street right-of-way, even if no permit for such fence or wall had been issued.
§ 305-100 Fences up to four feet in height and exclosure fences.
A fence up to four feet in height, and any exclosure fence, may be erected or constructed at any location on any lot, subject to the limitations set forth above in § 305-99.
§ 305-101 Fences exceeding four feet in height.
A fence that exceeds four feet in height may be erected or constructed, provided that either:
A.
It satisfies the height limitations of §§ 305-18, 305-27 and 305-37 and the yard setback limitations of §§ 305-19, 305-28 and 305-38; or
B.
Any portion of a fence that exceeds four feet in height and that is located between a side or rear property line and the required yard setback, as well as any exclosure fence that is erected at any location on the lot, must be constructed so that:
(1)
Any portion of such fence that is more than four feet in height, when viewed from a position that is at a right angle to the face of the fence, is at least 90% open; and
(2)
All of the materials of such fence are not brightly colored.
(3)
Notwithstanding the foregoing, chain-link fencing will not be permitted for the portion of a fence over four feet in height, even if such fence material otherwise satisfies requirements in Subsection B(1) and (2).
C.
No fence exceeding four feet in height, excluding exclosure fences, shall be allowed between the front property line and the required front yard setback.
D.
Exclosure fences located between a front property line and the required front yard setback shall not exceed 75% of the total linear front property line of any parcel of land.
§ 305-102 Fences exceeding eight feet in height.
No fence, including exclosure fences, exceeding eight feet in height may be erected or constructed at any location on any lot, unless it satisfies the height limitations of §§ 305-18, 305-27 and 305-37 and the yard setback limitations of §§ 305-19, 305-28 and 305-38.
§ 305-103 Swimming pool fences.
Swimming pools are required to be enclosed by fences in accordance with the applicable provisions of New York State law.
§ 305-104 Enforcement.
A.
The provisions of this article shall be administered and enforced by the Village's Zoning Officer who shall have the authority to make necessary inspections in accordance with Article XVI.
B.
If the Zoning Officer determines that any fence or wall does not comply with the provisions of this article, the Zoning Officer shall notify, in writing, the owner of the premises to bring the fence or wall into compliance with the provisions of this article within 30 calendar days of the date of such notice.
§ 305-105 Appeals.
The owner of the premises upon which a fence or wall is or is intended to be located may appeal a determination of the Code Enforcement Officer under this article to the Village's Zoning Board of Appeals in accordance with the procedures set forth in Article XX.