Barnegat Light City Zoning Code
§ 215-13
Fences.
A.
Stockade or solid. A stockade or solid fence is permitted only on the rear line of lots and on the rear 2/3 of lot side lines; provided, however, that where a side line is also a street line as the result of a lot being a corner lot, the stockade fence is not permitted along the street side line.
B.
Post and rail. A post and rail fence or a fence which has an opacity ratio of 50% or such greater open ratio may be permitted along any lot line subject to the further provisions of this section.
C.
Height of fences. No fence shall be hereafter erected in the Borough of Barnegat Light except in conformance with the following height restrictions:
(1)
In residential zones no fence shall be erected in the area of any lot which is required to be a front yard, side yard or rear yard exceeding four feet in height above the crown of the street on which lot abuts; provided, however, that where a residential zone abuts a commercial zone the height limitation along the boundary line between the residential and commercial zone shall be increased to six feet above the established grade of the crown of the street upon which the residential property faces when the fence is to be erected by the owner of the residential property and the commercial property is used for a permitted commercial use.
(2)
The Zoning Board of Adjustment, upon variance application or application for site plan approval or a special use permit, and the Planning Board, upon application for site plan approval or a special use permit, may permit the erection of a fence exceeding the height limitations herein imposed upon proof by the applicant of compliance with the following criteria:
(a)
The fence shall not interfere with the free flow of light and air to any adjoining property.
(b)
The erection of the fence shall not cause a fire or safety hazard by preventing access to adjoining properties by fire or emergency personnel.
(c)
The erection of the fence shall not impair the intent and purpose of the zone plan and this chapter.
(d)
The erection of the fence shall not impair the value of adjoining properties.
D.
Fence permit. In all cases, a fence permit shall be obtained from the Zoning Officer. Where any fence permit is sought to erect a fence on the border between two abutting properties, a plot plan prepared by a licensed surveyor of the State of New Jersey shall be provided to the Zoning Officer showing the proposed location of the fence, and the location of the fence shall be staked out and established on the site by the surveyor providing the plot plan.