Keyport City Zoning Code
§ 25-1-15.16
Fences and walls.
[Ord. No. 16-98; Ord. No. 13-09; amended 12-18-2018 by Ord. No. 28-18]
a.
Permit; height and material restrictions. Fences and walls hereafter installed or reconstructed in any zone in the Borough of Keyport shall comply with the permit, height and material requirements set forth below. For the purposes of this article, the term "open fence" refers to a chain link fence, a split rail fence, a picket fence or other fence of similar construction that has at least 50% open area, whereas the term "solid fence" refers to any fence other than an open fence.
1.
No fence or wall shall hereafter be installed or reconstructed in any residential, commercial or industrial zone without a construction permit for same.
2.
Any fence or wall hereafter installed or reconstructed in any residential zone in the Borough of Keyport or on lots in any other zones on which residential buildings are erected, shall not exceed six feet in height above the adjacent ground level. This provision notwithstanding, no fence shall be installed in front of a front building line in a residential district or that of a lot in any other zone on which residential buildings are erected which is greater than four feet in height if the structure is an open fence or three feet in height if it is a solid fence.
3.
No fence or wall hereafter installed or reconstructed in any commercial zone in the Borough of Keyport shall exceed a height of eight feet above ground level.
4.
No fence or wall hereafter installed or reconstructed in any industrial zone in the Borough of Keyport shall exceed a height of 10 feet above ground level.
5.
The foregoing restrictions shall not be applied so as to prevent the installation of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the installation of a wall for the purposes of retaining earth, provided such wall does not exceed the adjacent grade heights.
6.
The following fences and fencing materials are specifically prohibited: barbed-wire fences, razor-wire fences, sharp pointed fences, canvas, cloth, electrically charged fences, poultry netting, and temporary fences such as snow fences, expandable fences and collapsible fences on any lot which is devoted primarily to residential purposes.
7.
Every fence or wall shall be maintained in a safe, sound, upright condition.
8.
The finished side of any two-sided fence shall face the outside of the premises on which it is installed.
b.
Location requirements. Fences and walls hereafter installed or reconstructed in any zone in the Borough of Keyport shall comply with the location requirements set forth below:
1.
All fences and walls must be installed within the property lines and no fences or walls shall be erected so as to encroach upon a public right-of-way.
2.
No fence or wall shall be located upon or encroach upon any municipal or other public easement unless the Township Engineer and the Director of Public Works shall first determine that the proposed fence or wall will not substantially interfere with the purposes and/or maintenance of said easement and shall, in writing, approve the erection of same. Any fence or wall installed within the boundaries of any public easement shall be subject to partial or total removal by the public entity which controls the easement upon a showing that such removal is required for maintenance of the easement or that the fence or wall, due to changed conditions, substantially interferes with the purpose of said easement.
3.
No fence or wall shall be partially or completely removed from a public easement unless the owner has been given due notice and an opportunity to be heard.
4.
Any approval for a fence or wall to be located in a public easement shall refer to and be conditioned upon § 25-1-15-16b2 and 3 as set forth above and shall state clearly and prominently that the fence or wall may be subject to partial or complete removal by the public entity controlling the easement as set forth above.
c.
Maintenance enforcement. If the Building Subcode Inspector, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition he or she shall notify the owner of such fence or wall in writing, state briefly the reasons for such findings and order the fence or wall or portion thereof to be repaired or removed within 30 days of the date of the written notice.
d.
Corner lots. Fences may not be installed in the front yard on a corner lot except as described in this section. For purposes of this section only, a front yard is that area in the front of the projected front building line as determined by the location of the front door or principal entrance to the building. The area on the side of the dwelling, along an existing street without an entrance, is for purposes of this section only, a side yard. Maximum height of fences or walls on a double corner lot and in the side yard shall not exceed four feet in height if it is an open fence or 30 inches in height if it is a solid fence.
e.
Swimming pools. All other provisions contained herein notwithstanding, all swimming pools located within the Borough of Keyport shall be enclosed by a fence or other permanent barrier in accordance with the Building Officials Code Administrators (BOCA) National Property Maintenance Code, § 421.10, or as the same may be amended.
f.
Sight triangles. Within a sight triangle formed by an intersection of streets and/or streets and driveways, no fence, wall, hedge or any other obstruction to vision which is higher than 30 inches above the street center line, except for street name signs and official traffic regulation signs, shall be permitted. In the event the state or county regulations impose greater requirements where frontage is upon a state or county road, such greater requirements shall prevail.
g.
The fee for a zoning permit to install or reconstruct a fence or wall shall be $50 for a residential permit, $75 for commercial permits, and $150 for an industrial permit, in accordance with the building subcode fees set forth in Chapter 12, Building and Housing, of the Code of the Borough of Keyport, Subsection 12-1.6.