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Midland Park City Zoning Code

§ 34-13.2

Fences.

[6-10-2021 by Ord. No. 08-21]
a. 
Fences in all residential zoning districts shall be governed by the following regulations:
1. 
Fences within a radius of 25 feet from the corner of an intersection of any two or more roadways shall not exceed 2 1/2 feet in height above the curb level. The open area of the fence shall be a minimum of 50%.
2. 
Except on corner lots, fences between the front property line and the front building line shall not exceed four feet in height above ground level, where the grade shall not be changed more than 12 inches from existing grade. The open area of the fence shall be a minimum of 50%.
3. 
Fences from the front building line to the rear property line and along the rear property line shall not exceed five feet in height above ground level, where the grade shall not be changed more than 12 inches from existing grade.
4. 
Fences on corner lots shall not exceed four feet in height and not impair traffic line-of-sight, except for fences along the rear lot line which shall not exceed five feet in height, where the grade shall not be changed more than 12 inches from existing grade. The open area of the fence in both front yards shall be a minimum of 50%.
5. 
The finished side of all fences shall face outward from the property.
6. 
Application for such fences shall be made in writing to the Construction Official. The Construction Official shall deliver a copy of such application to the Zoning Officer. The application shall set forth the following information:
(a) 
Owner and address of premises where fence is to be erected, including property survey.
(b) 
Description and specification of the fence, including size, height, dimensions, material and size and percentage of openings.
(c) 
Sketch or plan of fence.
7. 
The Zoning Officer may approve the construction of such fence if it complies with the terms hereof, and provided it is set back a reasonable distance from the property line so as to permit its erection and maintenance without trespassing on property of other persons, provided it does not unreasonably obstruct the enjoyment of light and air to the owners of adjoining property, and provided further it does not endanger the safety of persons lawfully using public streets.
8. 
A permit fee and an inspection fee as established by ordinance shall be paid and shall accompany the application.[1]
[1]
Editor's Note: See § 40-1, Fees Required by the Land Development Chapters.
9. 
If a property is abutting another property of a different zone, then the maximum fence height allowed shall be the greater of either zone for that portion of the property which abuts the property with a different zone.
b. 
Fences in all nonresidential zoning districts are governed by the following regulations:
1. 
Fences or other approved buffers are required for all properties in all nonresidential zoning districts where such properties abut any residential zoning district boundary line or residential use.
2. 
All fences in nonresidential zoning districts are subject to site plan approval and shall be subject to all requirements applicable to the zoning district, as well as the provisions governing buffer zones as set forth in § 34-15.
3. 
The maximum allowable fence height in the B-1, B-2 and B-3 Districts shall be six feet, and in the I-1 and I-2 Districts shall be eight feet. If a property is abutting another property of a different zone, then the maximum fence height allowed shall be the greater of either zone for that portion of the property which abuts the property with a different zone.