Flemington City Zoning Code
§ 2609
ACCESSORY BUILDINGS, STRUCTURE OR USE.
[Amended 6-10-2024 by Ord. No. 2024-12]
The following regulations shall apply to all accessory buildings:
A.
Accessory Buildings as Part of Principal Buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B.
Accessory Buildings Not to Be Constructed Prior to Principal Building. No permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C.
Location and Setback of Accessory Buildings. An accessory building or structure may be erected in side and rear yard areas only excepting certain limited uses otherwise permitted in this Ordinance and shall be set back from property lines as required herein. In the event that no accessory building or structure setback is established in the particular district, the setback requirements for principal buildings shall apply.
D.
Fences and walls. The following regulations shall apply to fences and walls:
1.
Fences and walls may be placed with the finished side (without supports) located on the property line. All permitted fences shall be situated on a lot in such a manner that the finished side shall face adjacent properties.
2.
No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals.
3.
Fences made from discarded materials, not usually associated with fences, such as, but not limited to doors, old lumber, pallets, and the like are prohibited.
4.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front yard areas and six feet in height in side and rear yard areas except:
a.
A dog run or privacy area may have fencing a maximum of seven feet in height provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
b.
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in this article.
c.
No fence shall exceed five feet in height in a rear yard of a reverse frontage lot.
d.
On corner lots, no fences or walls may be placed within the sight triangle. Fences or walls shall not exceed two feet in height on corner lots in the front yard setback.
5.
A private residential swimming pool area shall be surrounded by a fence at least four feet, but no more than six feet, in height.
6.
Nonresidential uses may be permitted a fence of up to eight feet in height when located behind the front yard provided the specific size, type, and location is approved by the Planning Board. Deviations from this subsection shall be considered as waivers from the ordinance standards.
7.
Every fence shall be maintained in a safe, sound, upright condition.
8.
Electrically charged fences, with the exception of designed those for the purpose of containing pets (i.e. invisible fence), are prohibited.