Zoneomics Logo
search icon

Millstone City Zoning Code

§ 30-115.3

FENCES, WALLS AND RETAINING WALLS.

A. 
Fences and walls shall be erected where required for privacy, screening, separation, security or to serve other necessary and reasonable function. The design and material used shall be functional and compatible with existing and proposed site architecture. No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety.
B. 
No fence or wall which exceeds four feet in height shall be constructed or maintained between the road right-of-way line and the front foundation wall of the principal building. In the case of corner lots, such restrictions shall apply to both street frontages. No fence or wall shall exceed six feet in height within the side or rear yards.
C. 
No fence shall be erected of barbed wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals. Fences permitted for commercial, industrial and agricultural uses shall not exceed a six foot height.
D. 
A fence or wall exceeding six feet in height may be permitted upon application to the Planning Board and a granting of a variance for the same in accordance with N.J.S.A. 40:55D-70(c). Additionally, any retaining wall exceeding six feet in height from the lowest elevation of the finished grade to the top of the retaining wall shall also require site plan approval from the Planning Board in addition to a variance as set forth in the preceding sentence.
E. 
The finished side of fences shall face adjacent properties.
F. 
No chain link fence shall be constructed in any residential zone except the chain link fences around pools or dog runs, or shall be permitted provided the fence is within 10 feet of the property line.
G. 
Where provided, board on board fence shall be constructed with opposing boards separated by a rail/beam no more than two inches in width. Opposite boards shall have a minimum one inch overlap.
H. 
Any safety fence along the top of any retaining wall shall be built and provided in accordance with all applicable building codes, regulations, ordinances and statutes.
I. 
No retaining wall shall be permitted within the right-of-way. No retaining wall over four feet in height shall be located within five feet of a property line.
J. 
With respect to any retaining wall for which site plan approval is not required as set forth in paragraph D above, a building permit shall be obtained after submission of design calculations and approval of the same by the Construction Official or his designee.