[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
3-14-1989 as Ch. 66 of the 1989 Code. Amendments noted where applicable.]
[Amended 10-10-1989 by L.L.
No. 5-1989; 1-9-1990 by L.L.
No. 3-1990; 1-11-1994 by L.L.
No. 1-1994]
For purposes of street and sidewalk use safety and to promote the visibility
of existing buildings in the village:
A.
No fence or other structure higher than three feet in
height above grade, and in no case higher than three feet above sidewalk level,
shall be erected or maintained in the front yard, and in no case shall such
fence or other structure in excess of three feet in height be erected or maintained
closer to the street line than the front yard setback line for the zoning
district. In the case of a fence, however, in-ground supporting posts, at
no less than two-foot intervals, may be erected and maintained at a height
not to exceed 42 inches. Where no sidewalk exists, the Building Inspector
shall identify the applicable sidewalk level prior to the issuance of a permit.
Where a lot is located on more than one street, such as a corner lot, the
front yard setback requirement for that zoning district shall apply to all
yards facing streets.
B.
In any other location, no fence of any type shall be
erected or maintained in excess of six feet in height above grade. In-ground
support posts, at no less than two-foot intervals, may be erected and maintained
at a height not to exceed 80 inches.
C.
No hedgerow or other natural growth in excess of three
feet in height above grade shall be maintained in any yard facing a public
street where such hedgerow or other natural growth impedes or obstructs vehicular
visibility or pedestrian safety as determined by the Building Inspector.
D.
No fence, hedge or other structure shall be placed closer
than 18 inches to the edge of any public sidewalk, public roadway or any private
roadway or sidewalk on which the village provides snowplowing or brush removal
services.
[Added 1-12-1999 by L.L.
No. 1-1999]
E.
Only standard materials may be used for the construction of a
fence, such as chain link; wrought iron; wood boards, pickets, split rails,
and stockade; or brick or decorative masonry. Barbed-wire and electrified
fences may only be erected for agricultural use. No fence may be erected having
any feature intended to cause injury.
[Added 4-13-2004 by L.L. No. 4-2004]
F.
In all districts, except as otherwise provided in this chapter,
fences exceeding four feet in height constructed of materials other than wood
must be approved by the Zoning Board of Appeals as a special exception use,
pursuant to § 210-114B(2) of the Code of the Village of Pittsford.
In reviewing such applications, the Zoning Board of Appeals shall consider
the following factors:
[Added 4-13-2004 by L.L. No. 4-2004]
G.
Agricultural fences are exempt from all approval and permit requirements.
[Added 4-13-2004 by L.L. No. 4-2004]
H.
Any enclosure of up to 200 square feet in area and up to six
feet in height, intended to be used as a pet run, may be constructed of standard
wood fencing materials or chain link. Such enclosure shall not be constructed
in a front yard, or within the required side or rear setback for the district,
and shall be screened when visible from abutting properties or the public
right-of-way.
[Added 4-13-2004 by L.L. No. 4-2004]
All fences shall be constructed to face outward from the premises, with
backers inward toward the owner's side.
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in or the pendency of a civil action of law or in equity shall
be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
[Added 1-11-1994 by L.L.
No. 1-1994]
Fees shall be determined by resolution of the Board of Trustees of the
Village of Pittsford, New York.
