Chapter 25: Fences
§ 25-1. Purpose.
§ 25-2. Definitions.
§ 25-3. Permit required.
§ 25-4. Fences and hedges in residentially zoned districts.
§ 25-5. Fences in districts zoned other than residential.
§ 25-6. Visibility at Intersections.
§ 25-7. Miscellaneous provisions.
§ 25-8. Prohibited fences.
§ 25-9. Existing fences.
§ 25-10. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 3-10-1986 as L.L. No. 2-1986. Sections 25-6 and 25-10 amended at time of adoption of Code; see Ch. I, General Provisions, Art. I. Other amendments noted where applicable.]

§ 25-1. Purpose.

It is the purpose and intent of this chapter to regulate the placement and height of fences and hedges within the Village of Williamsville.

§ 25-2. Definitions.

FENCE - Any structure, regardless of composition. except a living fence. enclosing in full or in part any open Space. lot or yard or dividing the same into distinct portions.

HEDGE - Any row of closely planted shrubs or bushes forming a boundary or serving as a fence or barrier which limits or prevents clear vision through or around its foliage or limb structure.

HEIGHT - The vertical distance from the ground to the top of a fence or hedge. 'Height" shall be measured from the average finished grade of the lot.

B. In all other cases, definitions as provided in § 112-2 of Chapter 112, Zoning, shall control. [Amended 5-10-1993 by L.L. No. 4-1993]

§ 25-3. Permit required.

B. Application for a fence permit shall be made on a form or forms provided by the Village Building Department. An application shall be accompanied by a survey clearly outlining thereon the location of the proposed fence and the material of which it shall be constructed, all of which shall be in conformity with local law and accompanied by the appropriate fee as established by resolution of the Village Board of Trustees.

25-4. Fences and hedges in residentially zoned districts.

(1) In any rear or interior side yard, provided that the fence does not exceed six (6) feet in height.

 [Amended 2-23-1987 by L.L. No. 1-1987; 5-10-1993 by L.L. No. 4-1993; 10-24-1994 by L.L. No. 6-1994]

(2) No fence may be erected in any exterior side yard of a comer lot or in that part of the rear yard of a comer lot that is closer to the common street line than the side of the dwelling erected on said lot, except under the following circumstances:

(a) Where a comer lot has two (2) exterior side yards, a fence may be erected in that exterior side yard and rear yard having the greater area, provided that the fence is erected at least five (5) feet in from the affected lot line. If the lot line in question abuts a public right-of-way less than twenty (20) feet in width, the fence may be installed as close as three (3) feet from the affected lot line.

(b) Where the rear lot of a corner lot abuts the rear lot of another comer lot, a fence may be erected in that exterior side yard and rear yard abutting the public right-of-way, provided that the fence is erected at least five (5) feet in from the affected lot line. If the lot line in question abuts a public right-of-way less than twenty (20) feet in width, the fence may be installed as close as three (3) feet from the affected lot line.

(c) Obstruction of vision at driveways. In order to promote the safe movement of vehicles and pedestrians, a fence erected pursuant to Subsection A(2)(a) or (b) above shall not be erected within the triangular area formed by any driveway and any intersecting street lines and a line connecting points on such driveway and street lines twenty (20) feet distant from their point of intersection.

(3) In any front yard, as follows:

(a) A fence 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 drive or comer of a front yard or at the juncture of a driveway and a public sidewalk.

(b) Such fence shall be erected wholly within the lot line of the property and at least three (3) feet inside of the interior edge of the public sidewalk.

(c) Such fence shall in no event enclose a front yard nor shall it exceed three (3) feet in height. It shall be of open, decorative design and permit clear visibility through at least eighty percent (80%) of its vertical area.

(4) Enclosing a tennis court, provided that the fence does not exceed twelve (12) feet in height.

(5) Fencing of a swimming pool shall continue to be regulated by Chapter 93, Swimming Pools and Hot Tubs.

B. A hedge planted in a district zoned residential shall, if planted in an interior side or rear yard, an exterior side yard or any front yard, be subject to the same limitations and restrictions, including height, as a fence if the hedge is planted at or near the property line and is designed to serve the function of a fence.

§ 25-5. Fences in districts zoned other than residential.

B. No permit shall be issued for the erection of a fence on premises abutting a residentially zoned property where the proposed fence exceeds eight (8) feet in height. 

§ 25-6. 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. 

§25-7. Miscellaneous provisions.

B. Painted fences shall be of one (1) color only.

C. No fence 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.

D. No fence 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.

§ 25-8. Prohibited fences.

A. Barbed wire.

B. Short, pointed fences.

C. Electrically charged fences.

D. Temporary fences, such as snow fences, except by express permission of the Village Board upon good cause shown.

E. Chain link fences in a front yard.

F. Canvas or cloth fences.

G. A fence constructed within the right-of-way of any public street.

§ 25-9. Existing fences.

§ 25-10. Penalties for offenses.

Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation as defined by the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine not to exceed two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or by both a fine and imprisonment.

A picture of 5583 Main St Village Hall pictured in 1949 was originally built with limestone mined from the Young's limestone quarry which occupied what is now The Country Club of Buffalo. click here to see a bigger picture.

A picture of Main St looking West taken in 1950. The Ronecker building on the right is now home to Marty's formal wear. Picture courtesy of Dan Crapsi. click here to see a bigger picture.