Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 10-13-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 67.
Fees — See Ch. 99.
Landscaping — See Ch. 131.
Subdivision of land — See Ch. 193.
Swimming pools — See Ch. 196.
Zoning — See Ch. 229.
The intent of this chapter is to promote the health, safety and welfare of residents by regulating fencing in the Town of Clarence.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Zoning Office or as designated by the Town Board.
FENCE
A barrier enclosing a yard and/or a swimming pool and used to prevent entrance, to confine or to mark a boundary.
A. 
Before a fence shall be erected, an application must be obtained from the Zoning Office. The completed application must be accompanied by a site plan which must show the height and location of the fence in relation to all other structures and buildings and in relation to all streets, lot property lines and yards.
B. 
No fence in a residential area shall exceed six (6) feet in height over existing grade.
C. 
In residential districts:
(1) 
No fence shall extend into the right-of-way of a public or private road.
(2) 
No fence over four (4) feet in height shall extend into the front yard of any lot.
D. 
In nonresidential districts:
(1) 
Fences adjacent to residential districts shall not exceed eight (8) feet in height.
(2) 
Fencing in commercial and industrial districts shall be reviewed by the Landscape Committee with final determination to be made by the Town Board.
E. 
Swimming pool fences: see Chapter 196, Swimming Pools.
F. 
Prohibited fencing.
(1) 
Razor ribbon fencing shall be prohibited in the Town of Clarence.
(2) 
Barbed wire fencing shall be prohibited in residential districts and agriculturally zoned areas except for agricultural-related use.
G. 
With the exception of fencing requirements for swimming pools, agricultural zones shall be exempt from restrictive requirements as necessary for carrying on of agricultural-related business.
H. 
Visibility at intersections. No fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three (3) and seven (7) feet above the street level shall be placed or maintained within the triangular area formed by two (2) intersecting street lines and a line connecting points thereon thirty (30) feet distant from their point of intersection.
I. 
Enclosure shall be constructed so as to provide the nonclimable face (finished side) visible to neighboring properties.
Enforcement of this chapter shall be by the Zoning Office or as designated by the Town Board.
Any person who shall violate this chapter shall be guilty of an offense and, upon conviction, shall be subject to a fine of not less than one hundred dollars ($100.) and not more than two hundred fifty dollars ($250.) for each and every offense. Each week's offense (violation) shall constitute a separate and additional violation. Notwithstanding the penalty hereinabove provided, the Town of Clarence may enforce obedience to this chapter or any part thereof by injunction to restrain such violation.
Fencing which preexists the date of enactment of this chapter shall be approved as a nonconforming use. All renovations or additions to preexisting fencing must meet the requirements of this chapter.