Madison City Zoning Code
§ 195-30.5
Accessory structures and uses.
[Amended 11-8-2010 by Ord. No. 55-2010; 4-8-2019 by Ord. No. 10-2019; 11-10-2025 by Ord. No. 45-2025]
(Note: Where applicable below, the fence regulations in Article IV, § 195-25.5 are hereby incorporated by reference.)
A.
General requirements.
(1)
No accessory building shall be constructed on any lot on which there is not a principal building structure.
(2)
Any accessory structure attached to the principal building shall be considered part of the principal building.
(3)
On through lots, no accessory structure erected in the rear yard shall be nearer to the "rear" street line than the minimum front yard setback for the zone in which such lot is located.
B.
The following requirements shall be complied with in all residential zones:
(1)
No accessory building shall be used for human habitation.
(2)
No accessory building shall have floor or ground area in excess of 500 square feet or 1/3 of the floor or ground area of the principal building, whichever is less.
(3)
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height.
(4)
No accessory building or structure shall be permitted in any front yard.
(5)
Accessory buildings built in a rear yard shall be no closer than five feet to any side or rear property line of the lot containing said accessory building; provided, however, that no accessory building shall be located closer than 10 feet to said line on any lot which has a rear lot line that serves as a side line of an adjoining property.
(6)
No accessory building shall be erected on any corner lot closer to any of the lines of the streets abutting said lot than the front yard setback lines from said streets.
C.
The following requirements shall be complied with in all nonresidential zones:
(1)
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet or be more than one story in height.
(2)
No accessory building or structure shall be permitted in any front yard.
(3)
Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required from the principal building on said lot.
D.
Requirements for specific accessory structures and uses.
(1)
Home occupations.
(a)
Home occupations shall be permitted as accessory uses in all residential zones and shall be exempt from approval by the Planning Board or Zoning Board of Adjustment if the following standards are satisfied:
[1]
The practitioner must be the owner or lessee of the residence in which the home occupation is contained.
[2]
The practitioner must reside in the home.
[3]
There are no nonresidential employees working on the premises.
[4]
There is no external evidence of the home occupation.
[5]
There are no retail sales conducted on the site.
[6]
No clients will visit the site.
[7]
There is no sign identifying the home occupation, and there is no identification of such home occupation upon any mailbox.
[8]
There are no delivery vehicles other than those associated with the residential use on site.
[9]
The home occupation is clearly incidental and subordinate to the principal use of the dwelling for residential purposes. The maximum area devoted to the home occupation shall be limited to not more than 25% of the total area of the floor where located, excluding space used for a private garage, or 400 square feet, whichever is smaller.
[10]
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal sense or to radio, telephone or television equipment off the lot.
(b)
Home occupations shall be permitted as accessory uses in all residential zones and shall require a zoning permit if the following standards are satisfied:
[1]
The practitioner must be the owner or lessee of the residence in which the home occupation is contained.
[2]
The practitioner must reside in the home.
[3]
The practitioner shall not engage the services of more than one office employee. Use of the office by groups of other persons shall not be permitted.
[4]
The home occupation shall occupy less than 50% of the total area of the floor where located, excluding space used for a private garage, or 900 square feet, whichever is smaller.
[5]
No clients shall, in such relationship, remain on the premises overnight.
[6]
The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.
[7]
Adequate parking spaces shall be provided in accordance with the parking standards of this chapter so that no parking related to the home occupation shall occur on the street.
[8]
No retail sales shall be conducted on the site.
[9]
No more than one business visitor shall be permitted at any one time.
[10]
No sign identifying the home occupation shall be permitted, and there shall be no identification of such home occupation upon any mailbox.
[11]
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
(2)
Amusement machines.
(a)
Such machines shall be permitted in the CBD, CC and U Zones as accessory uses to establishments where the primary use is a recreational/entertainment use, such as bowling alleys, theaters, the YMCA or similar establishments and establishments licensed to sell alcoholic beverages for on-site consumption only in accordance with the following limitations:
[1]
There shall be 60 square feet of operating area for each machine. The calculations of the operating areas shall exclude any area of the premises which is used for other purposes, but shall include access and walkways primarily serving the machine.
[2]
Not more than five such machines as accessory uses shall be permitted in any single establishment.
[3]
The maximum area devoted to such machines (60 square feet x number of licensed machines) shall not constitute more than 30% of the gross floor area of the establishment.
(3)
Boarders and roomers. In any residential structure, as an accessory use, not more than three persons shall be permitted to occupy any dwelling unit as boarders or roomers in accordance with the following requirements:
(4)
Satellite earth stations.
(a)
Permitted districts.
[1]
A satellite earth station shall be permitted as an accessory use in all zone districts. Satellite earth stations shall require site plan approval from the Planning Board, except where accessory to a one- or two-family residential use. In the case of a one- or two-family residential use, the application shall be determined by the Zoning Officer, or by the Zoning Board of Adjustment whenever a request for interpretation is necessary or variance is requested by the applicant.
[2]
Whenever an antenna is accessory to a one- or two-family dwelling; whenever an applicant claims that any general regulation standard must be modified because of inability to obtain a reasonably satisfactory signal, impracticability, under hardship or other criteria for modification or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Board of Adjustment for interpretation pursuant to N.J.S.A. 40:55D-70b.
(b)
Application. The plans of such antenna shall be submitted with each application for a building permit, which shall include:
[1]
A site plan drawn at a scale of no smaller than one inch equals 20 feet indicating the diameter, location, setbacks, and screening (if ground-mounted) and a mounting detail drawn at a scale no smaller than 1/2 inch equals one foot zero inches indicating height, color, style or type and method of installation. The plans must be prepared by a New Jersey professional engineer or other qualified expert with a statement that the proposed installation complies with the requirements of the Uniform Construction Code.
[2]
The name and address of the applicant and owner of the property on which the satellite earth station is to be located.
[3]
The tax lot and block numbers and the property lines of the property.
[4]
All existing buildings and structures and all accessory buildings and structures on the property.
[6]
Applications for the installation of satellite earth stations capable of transmitting and receiving signals will additionally be required to submit a report prepared by a radio frequency engineer. The minimum requirements of this report are as follows:
[a]
The calculated levels of electromagnetic field intensities (EMP-power densities) compared to allowable residential environment continuous exposure to levels as per accepted industry standards.
[b]
An analysis of the findings and conclusion.
[c]
Copies of data, sketches and specifications which are the basis for the calculations and analysis. The conclusions shall include an assessment of relative health risk to people living or working near the proposed facility.
[7]
If a ground-mounted transmit/receive-type antenna is proposed, the site plan shall additionally include the proposed location of a protective fence surrounding the antenna on all sides necessary to address all health and safety issues.
(c)
Performance standards.
[1]
No satellite earth station may be placed in the front yard of any lot in the Borough. A corner lot shall be deemed to have a front yard facing each street.
[2]
Receive-only satellite earth stations 36 inches in diameter or less shall be located on the roof. Receive-only satellite earth stations greater than 36 inches in diameter shall be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Board may permit the antenna to be located in the side yard, and if such signal cannot be obtained in either rear or side yard, the Board may permit the antenna to be located on the roof of any principal or accessory building on the lot.
[3]
A transmit/receive satellite earth station shall be placed on the roof of the principal building of the lot; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship or that installation elsewhere would substantially further the purposes and objectives of this subsection without substantial adverse impact on adjoining properties, the Board may permit the antenna to be located in the rear yard of the lot. If a ground-mounted transmit/receive-type antenna is proposed, the site plan shall include the proposed location of a protective fence, a minimum of four feet in height, surrounding the antenna on all sides. The proposed fence shall be constructed in accordance with Article IV of this chapter.
[4]
No satellite earth stations shall be closer to the side property line than a distance equal to the diameter of said antenna or side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
[5]
No satellite earth stations shall be closer to the rear property line than a distance equal to the diameter of said antenna or rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
[6]
When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the antenna shall not exceed two feet, except in instances where additional clearance is needed to satisfactorily receive and/or transmit signals. No ground-mounted satellite earth station shall exceed 12 feet in height, as measured from the average grade of the base of the antenna to the highest point of the antenna.
[7]
Roof-mounted antennas.
[a]
Flat roofs and mansard-style roofs. No roof-mounted satellite earth station may extend above the roofline more than nine feet six inches when mounted on a flat roof or mansard-style roof. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonable satisfactory reception my be allowed. Roof-mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility.
[b]
All other style roofs. No roof-mounted satellite earth stations may extend above the highest point of the roof more than three feet when mounted on all other style roofs, and the roof-mounted satellite earth station must be located on the portion of the roof facing the rear yard or, if this would unreasonable limit signal reception, the side yard. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.
[8]
The diameter of satellite earth stations shall not exceed 12 feet for C-band technology for receiving and shall not exceed eight feet in diameter for Ku-band V Sat technology for transmitting, subject to Subsection D(4)(c)[7]. All satellite earth stations shall be of the mesh-type only, with not more than 85% of the surface being solid.
[9]
All satellite earth stations shall be painted a solid, dark, nonmetallic, non-glossy color if ground-mounted. Roof-mounted antennas mounted on a flat roof or mansard-style roof shall be painted a solid, dark, nonmetallic, non-glossy light to medium gray. When mounted on all other style roofs, the satellite antenna shall be painted the color of the surface to which it is attached.
[10]
The ability of the applicant to install a satellite earth station in an unobtrusive location and to minimize the visual and health impacts on neighboring properties shall be a major factor in determining whether or not a permit is issued.
[11]
The number of allowable satellite earth stations is as follows:
[a]
For single-family and two-family dwellings: one per building.
[b]
For attached dwellings, patio homes and duplex, townhouse and multifamily dwellings: one per building.
[c]
For all other uses permitted in residential zones not specifically provided for otherwise (e.g., schools, churches, nursing, homes, etc.): one per building.
[12]
The satellite earth station may only be used for occupants of the building located on the property.
[13]
When the use of a satellite earth station is abandoned it shall be removed.
[14]
Satellite earth stations may not be mounted on a portable or movable structure, such as a trailer.
[15]
To the extent permitted by law, no satellite earth station shall be located on or abutting any property which is located in the National or State Register of Historic Places.
[16]
No satellite earth station shall be erected on a public utility easement without the consent of the easement holder.
[17]
The proposed earth satellite station shall be the smallest commercially available equipment based on the current technology so as to minimize the visual impact on the surrounding areas.
[18]
The satellite earth station may not be used as a sign.
[19]
All wiring or connecting cables between the satellite earth station and the principal building on the site shall be buried underground.
[20]
Screening. Ground-mounted antennas shall be screened as to minimize visibility from public streets and adjoining properties. Screening shall be accompanied by the installation of landscaping and/or fencing or in the form of a wall or structure enclosing the antenna. The species, quantity, size and spacing of plant materials shall be specified on the site plan. In order to reduce the height of plant materials, soil berms may be used in conjunction with the proposed landscaping. Any walls or structure shall be constructed of plastic, fiberglass, or other approved materials which will not impede the function and operation of the antenna. Any walls or structures shall be constructed to be consistent with the surrounding site characteristics. The requirements of this subsection shall not impose unreasonable limitations on, or prevent, reception of satellite-delivered signals by satellite and receiving/transmitting antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.
(d)
Such satellite earth stations, appurtenances, landscaping and fencing shall be kept and maintained in good condition.
(5)
Outdoor storage.
(a)
Outdoor storage of any kind is prohibited within the front yard.
(b)
The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones.
(c)
No outdoor vertical stacking of vehicles shall be permitted.
(d)
Outdoor storage of garbage trucks in any zone is specifically prohibited.
(e)
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(f)
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.
(g)
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.
(h)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.
(6)
Decks, patios and terraces over two feet in height must meet the required yard setbacks for principal buildings.
(7)
Swimming pools.
(a)
No pool shall be closer than 15 feet to any side or rear lot line.
(b)
On any corner lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on either street.
(c)
Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.
(d)
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
(e)
The fence requirement set forth in this section shall be complied with.
(f)
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.
(8)
Commercial trailers, tractors and mechanized equipment in residential zones. Except as permitted in this section, commercial and industrial trailers, tractors, construction machinery and equipment, commercial trucks and vehicles greater than 6,000 pounds, or any open trailer, shall not be kept, placed or stored in any residence zone, except in the following instances:
(a)
Equipment and machinery used in connection with the construction, alteration, removal, or demolition of any buildings or structure or the excavation of any land may be permitted to stand upon the premises where such work is being undertaken while the same is in progress.
(b)
The equipment is stored in the garage.
(9)
Mobile dwelling, trailer and recreational equipment. No mobile dwelling, trailer or any recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Borough of Madison, except as hereinafter provided.
(a)
No mobile dwelling, trailer or recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.
(b)
No mobile dwelling, trailer or recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.
(c)
All mobile dwellings, trailers or recreational equipment shall be stored or parked to the rear of the rear building line of the principal building and shall comply with accessory building setbacks.
(d)
All mobile dwellings, trailers or recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.
(e)
All mobile dwellings, trailers or recreational equipment shall be maintained in mobile condition.
(f)
No mobile dwelling, trailer or recreational equipment shall be used for sleeping or dwelling purposes while on said premises, and no mobile dwelling, trailer or recreational equipment shall not be commercially stored or offered or displayed for sale. Such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.
(g)
No mobile dwelling, trailer or recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.
(10)
Family day-care homes. Family day-care homes are permitted as accessory uses in all residential zones.
(11)
Automated teller machine (ATM). Outdoor ATM's are permitted in association with on-site financial institutions, in accordance with the bulk and design standards of this chapter. Measures to enhance personal security at the ATM stations shall be provided. Other commercial uses shall be permitted to contain indoor ATM's that may operate during normal business hours and will be subject to the sign ordinance requirements of this chapter, where applicable.
(12)
Certain nonresidential accessory uses.
(a)
Vending machines. In the CBD-1, CBD-2, CC and U Zone Districts a nonresidential property is permitted to have two outdoor vending machines in accordance with the following:
[1]
The machine(s) shall be appropriately located so as not to interfere with sight triangles, required setbacks, on-site circulation, landscaping and parking.
[2]
The machine(s) shall be accessory to an existing nonresidential use.
[3]
A zoning permit for outdoor vending machines shall be required. The permit shall be granted when it is determined by the Zoning Officer that the most appropriate location for the machine(s) has been achieved.
(b)
Used clothing bins. In the CC Zone District, a nonresidential property is permitted to have up to four used clothing bins in accordance with the following:
[1]
The bin(s) shall be appropriately located so as not to interfere with sight triangles, and on-site circulation, required setbacks, landscaping and parking.
[2]
The bin(s) shall be accessory to an existing nonresidential use.
[3]
A zoning permit for used clothing bins shall be required. The permit shall be granted when it is determined by the Zoning Officer that the most appropriate location for the bin(s) has been achieved.
(c)
Phone booths, mail and courier boxes and newspaper distribution boxes. These items may not be located in required sight triangles and should be located so as to not interfere with pedestrian or vehicular circulation and safety. These uses are recommended to be aesthetically pleasing as possible, and to incorporate a design theme where appropriate. Newspaper distribution boxes shall also comply with Chapter 128, Newspaper Distribution Boxes, of the Borough Code.
E.
Requirements for temporary exterior storage units.
(1) CONSTRUCTION DUMPSTER CONSTRUCTION TRAILER MOBILE STORAGE TRAILER PORTABLE HOME STORAGE UNIT TEMPORARY EXTERIOR STORAGE UNIT
Definitions. For the purposes of this section, the following terms, wherever used or referred to, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context.
A roll off waste container transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.
A shipping container, or rolloff or mobile trailer at a construction site utilized for storage, construction management or residential sales offices purposes for the duration of the construction activities associated with and in sole support of an approved development.
Any nonhabitable, portable enclosure without a permanent foundation, designed to be hitched and/or attached to tucks, tractors or other vehicles for movement from place to place with the purpose to store tangible property and not for occupancy by persons. Mobile storage structures shall only be allowed on commercial sites undergoing active construction activities associated with and in sole support of an approved development.
Portable sheds and/or enclosures that are designed, constructed and commonly used for nonpermanent placement on property for the purpose of temporary storage of personal property on a residential property supporting the principal permitted use.
A construction dumpster, construction trailer, mobile storage trailer, portable home storage unit or a portable sanitary restroom.
(2)
Placement, duration, maintenance. It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit which:
(a)
Is not secured or which is accessible to others not using the unit.
(b)
Is not in a state of good repair.
(c)
Is in or upon any street, highway, roadway, designated fire lane or sidewalk in the Borough.
(d)
Interferes with sight lines for motorists on adjoining streets or the driveways of adjacent properties.
(e)
Obstructs safe means of access to or from any dwelling, use or structure.
(f)
Creates, in the opinion of the Fire Subcode official, a fire or safety hazard.
(g)
Displays advertising, other than the identification of the manufacturer or operator of the unit.
(h)
Has not received a zoning permit.
(3)
Permitted temporary exterior storage units, commercial sites.
(a)
A single construction trailer utilized for storage may be allowed upon a site wherein there is active construction of a nonresidential building, provided that:
[1]
The location of the construction trailer is depicted on a soil erosion and sediment control (SESC) plan approved by the Morris County Soil Conservation District (MCSCD).
[2]
The trailer shall be used only in connection with active construction and shall not remain upon the premises for longer than two weeks past the substantial completion of said construction.
[3]
In no event will any trailer used in connection with nonresidential development remain on said premises for more than two years from the date of initial construction.
(b)
Mobile storage trailers shall be permitted, provided the following conditions are satisfied:
[1]
A list of the types of goods and materials to be stored shall be provided to the Bureau of Fire Safety.
[2]
The mobile storage trailer does not exceed eight feet in height, 40 feet in length or 400 square feet.
[3]
No more than one mobile storage trailer shall be permitted at any one time on a site.
[4]
Mobile storage trailers shall not be located within any required parking space.
[5]
Mobile storage trailers shall not be located within any required setback.
[6]
Mobile storage trailers shall be placed in the least conspicuous location available to minimize disturbance and visibility to any adjoining residential properties or uses.
[7]
The final location shall be determined by the Fire Safety Official, Zoning Officer and Construction Code Official.
(c)
On the expiration of the two-year permitted duration, any temporary exterior storage unit remaining on the site shall be removed or considered a proposed accessory structure, subject to the zone district regulations for accessory structures and will require an appearance before the appropriate board of jurisdiction.
(4)
Permitted temporary exterior storage units, residential sites.
(a)
The use of construction dumpsters or alternatively portable home storage units at residential construction sites for storage of materials are permitted, provided that:
(b)
Portable home storage units shall be permitted in any residential zone, provided the following conditions are satisfied:
[1]
No more than one portable home storage unit shall be permitted on any property at one time.
[2]
Portable home storage units shall be no closer than 10 feet to any lot line.
[3]
No portable home storage unit exceeds 130 square feet in area, nor exceeds eight feet in height.
[4]
No portable home storage unit shall be erected on any corner lot closer to any of the lines of the street abutting said lot than the front yard setback lines from said streets.
[5]
Units must be kept on a paved or otherwise impervious driveway at the furthest accessible point from the street.
(c)
In an emergency wherein use of a portable home storage unit is requested, the Borough Zoning Officer, upon application, shall determine whether approval is granted for this portable home storage unit. The Zoning Officer's approval will be granted for a period of 30 days.
(d)
On the expiration of the six-month permitted duration, any temporary exterior storage unit remaining on the site shall be removed or considered a proposed accessory structure, subject to the zone district regulations for accessory structures, and will require an appearance before the appropriate board of jurisdiction.
(5)
Permits and fees.
(a)
No person shall park, place or suffer placement of a temporary exterior storage unit without first obtaining a permit from the Zoning Officer. The permit shall specify the time period during which the unit may be kept on the property. The permit shall be obtained prior to setting the unit on the property and shall be displayed in a weatherproof manner on the unit.
(b)
For temporary exterior storage units on commercial sites not shown on an approved MCSCD SESC plan, the permit application fee shall be $50.
(c)
For temporary exterior storage units on residential sites, the permit application fee shall be $50.
(d)
The permit application fee for emergency use of temporary exterior storage units shall be waived for the first 30 days. Thereafter, the normal permit application fee of $50 shall apply.
F.
Fences and walls, including retaining walls. Fences or walls in excess of 18 inches in height shall be considered as structures accessory to a principal permitted use and shall be permitted in accordance with the standards set forth below:
(1)
Maximum height and location in residential zones. All fences in residential zones shall comply with the standards in Schedule A: Fence Diagram.[2]
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
General regulations for fences and walls, including retaining walls.
(a)
No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety.
(b)
No fence in any zone shall be greater than six feet in height except in the case of tennis court and similar sports court facilities. On properties with non-residential uses which abut residential uses, any open fencing shall be buffered with evergreen landscaping.
(c)
The maximum height of any wall shall not exceed four feet.
(d)
In any zone, where a fence is placed on top of a wall, the maximum height of the combined structure shall be no more than six feet in height.
(e)
Except for locations within sight triangles, hedges and other landscaping shall be exempt from the height limitations of this subsection but shall not be located so as to constitute a hazard to traffic or safety.
(f)
The face or finished side of a fence or wall shall face the adjacent property and street.
(g)
No fence or wall shall be constructed with barbed wire, wire mesh, poultry wire, metal spikes or other such dangerous material or constructed in such manner as to be dangerous to animals or humans. Black painted, black PVC, or black vinyl-coated 2-inch by 3-inch or greater welded wire fencing may be used as a secondary backing fence material where needed to create more enclosure. Chain link fences are not permitted in front yards or in side yards that extend forward from principal structures toward the front property line, as noted in Attachment 9 (Schedule A).
(h)
No fence or wall shall be constructed without the issuance of a zoning permit.
(i)
All fences and walls shall be contained within the property lines of the parcel containing the principal use.
(j)
Wall setbacks and landscaping requirements.
[1]
All walls 18 inches to three feet in height, as measured from the outside of the wall facing adjoining residential uses or residential zones, shall be set back at least five feet from any property line in all zoning districts.
[2]
Any wall that is three feet or higher, as measured from the outside of the wall facing adjoining residential uses or residential zones, shall be set back at least 2.0 times the height of the wall, and shall require a planted buffer of at least three feet in height at the time of planting, covering 50% of the linear width of the façade of the wall and located between the wall and property line.
[3]
If a fence is placed on top of any wall that is three feet or higher, the planted buffer shall be required to be at least four feet in height at the time of planting and shall otherwise meet the standards in Subsection F(2)(j)[2] above. Where the combined height of a wall and fence exceeds six feet, the fence shall be set back from the top of the wall a distance equal to the height of the wall. This additional setback shall be landscaped with evergreen plantings of at least four feet in height at the time of planting, covering 50% of the linear width of the façade of the fence.
[4]
Where grading would require a single retaining wall of greater than four feet, which is not permitted, a tiered approach may be used to create a series of shorter walls. Each tier shall be separated by a minimum of three feet to provide for the placement of landscape plantings at each tier level, to reduce the appearance of height and mass of the retaining wall.
(3)
Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with the New Jersey Uniform Construction Code. Where any provision of this section conflicts with the Chapter 170 (Swimming Pools) of the Borough of Madison Land Development Ordinance or the New Jersey Uniform Construction Code, those provisions on swimming pools shall prevail.
(4)
Retaining walls. Any retaining wall four feet or greater in height, or a series of retaining walls along the same ground slope which are placed less than three feet apart and together total four feet or greater in height, shall require a building permit in addition to a variance. Tiered walls where the offset exceeds 2.0 times the height of the lower wall (alt. 10 feet) shall be considered as separate structures.