Introductory Local Law Fences

Introductory Local Law Fences

Posted by Colleen Wierzbicki · on January 08, 2021 · in Bulletins · with Comments Off on Introductory Local Law Fences





BE IT ENACTED, by the Village Board of Trustees as follows:

Section 1.        Legislative Intent

            It is the intent of this local law to regulate the orderly and sightly construction of fences within the Village of Florida.

Section 2.        Chapter 45, entitled Building Code Administration, section 4(B)(4), entitled Building Permits, Exemptions is hereby deleted.

Section 3.        Chapter 119, entitled “Zoning,” section 16, “entitled regulations applying to all districts shall be amended by adding the following:

C:        Fences and Walls.

  • Fence height and setbacks are as follows:
Location Minimum Setback Maximum Height
Front Yard 18 inches 4 feet
Rear Yard/Side Yard 12 inches 6 feet
  • Fences and wall shall have their finished decorative face directed outward to the abutting property. No supports, posts or bracing shall be placed on the side of the fence that faces any abutting lot, street, road or public right-of-way.
  • Fence height shall be measured from the natural grade along the base thereof. Where a fence is installed on top of a berm or retaining wall, the height shall be deemed to include the height of the underlying berm or wall.
  • Fences shall be provided with a gate or other means of access to the enclosed space for emergency purposes.
  • Where a fence is intended as a common fence between two adjoining property owners in the side or rear yard, the minimum setback shall not apply. In the case of a common fence, the Code Enforcement Officer shall require a recorded agreement between the contiguous lot owners to ensure future maintenance and repair of the common fence.
  • Fences located on a corner lot shall not be installed within the triangle formed by the street lines of such lot and a line drawn between points along such street lines located 20 feet from the intersection. Fences along street lines shall be a maximum of four feet.
  • Access to municipal easements and right of ways shall be maintained. The Code Enforcement Officer shall not issue a building permit for any fence that crosses a Village owned easement or right of way absent the issuance of a license agreement by the Village Board of Trustees.  The minimum distance between a fence and a municipal easement, right of way or other Village property shall be at least 5 feet unless the Code Enforcement Officer determines that a fence may be located closer than five (5) feet without detriment to sight distance, easements or other need for access.
  • In the event boundary monuments or pins are not clearly visible, the Code Enforcement Officer may require that the property owner cause the property corners to be flagged by a licensed land surveyor.
  • The Planning Board is authorized to permit fences greater than 6 feet in the side and rear yards in connection with site plan, subdivision or conditional use applications upon the finding that a higher fence is necessary to achieve appropriate buffering from the proposed use and adjoining property owners.
  • Prohibited materials. No person shall be permitted to erect a fence constructed of the following materials:
    1. Barbwire
    2. Razor or razor wire.
    3. Chain link except with closed loop at the top. Chain link of any variety shall not be permitted in front yards.
    4. Electric
    5. Short pointed metal
    6. Poultry or turkey wire
    7. Tarpaulin, canvas, cardboard or other nonpermanent materials. Such permanent materials shall not include temporary fencing in connection with an open building permit.
  • Fence material shall be natural wood, earth tone colors or white.
  • Preexisting non-compliance. Any fence legally in existence on the effective date of this local law shall be permitted to remain, provided that such fence is maintained.  At such time that the fence is removed, altered or reconstructed, any new fence shall conform to these provisions.
  • Fences and walls shall be maintained in a safe, structurally sound and orderly manner.

Section 4.        Chapter 119, entitled “Zoning” shall be further amended as follows:

  • 119-15(B)(1) shall be amended by deleting “exceeding 30 inches in height above curb level.”
  • 119-15(D)(1) – by replacing “Fences or walls not over 6 ½ feet shall conform to the requirements set forth herein for buildings, except in a front yard where fences may not exceed 42 inches in height” with “Fences as walls as set forth in in § 119-16(C).”
  • 119-24(c) – replacing the last sentence with “Parking areas shall be screened by a substantial hedge, wall or fence as approved by the Planning Board.”

Section 5.        Authority.

            This local law is adopted pursuant to section 10 of the Statute of Local Governments which provides local governments the power “to adopt, amend and repeal ordinances, resolutions and rules and regulations in the exercise of its functions, powers and duties”.

Section 6.        Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof , but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 7.        Effective Date.

This local law shall take effect upon filing with the Secretary of State.






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