Williamsville City Zoning Code
§ 112-22
Fences, walls and hedges. 1
A.
Residential districts. A fence or wall may be erected in any residentially zoned district (R-1, R-2, R-3, R-3M), after securing a permit therefore pursuant to Chapter 15, as follows:
(1)
In any rear yard or interior side yard, provided that the fence, wall or hedge does not exceed six feet in height.
(2)
In any front yard, as follows:
(a)
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 corner of a front yard or at the juncture of a driveway and a public sidewalk.
(b)
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.
(c)
Such fence or wall or hedge shall in no event enclose a front yard; nor shall it exceed three feet in height. A fence shall be of open, decorative design and permit clear visibility through at least 80% of its vertical area.
(d)
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.
(3)
Enclosing a tennis court, provided that the fence does not exceed 12 feet in height.
(4)
Enclosing a swimming pool, subject to the requirements of Chapter 93, Swimming Pools and Hot Tubs and the Uniform Code.
(5)
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.
(6)
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 10 feet.
B.
Mixed-use and nonresidential districts.
(1)
No fence, wall or hedge shall be erected on any premises zoned other than residential (i.e., MU, NMU or M-1) until a permit has been issued by the Code Enforcement Officer after approval by the Planning and Architectural Review Board. The Planning and Architectural Review 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.
(2)
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 of the Village Code relating to visibility at intersections. The provisions of § 103-20E shall control in any conflict with the provisions of this chapter.
D.
Prohibited fences, walls and hedges. The following types of fences, walls and hedges are specifically prohibited anywhere in the Village:
(1)
Barbed wire.
(2)
Short, pointed fences.
(3)
Electrically charged fences or walls.
(4)
Temporary fences, such as snow fences, except by express permission of the Village Board upon good cause shown.
(5)
Chain link fences in a front yard.
(6)
Canvas or cloth fences.
(7)
Cinderblock walls.
(8)
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.
[1]
Editor's Note: Former § 112-22, Commercial and light manufacturing parking, was repealed 5-26-2015 by L.L. No. 7-2015.