Zoneomics Logo
search icon

Moonachie City Zoning Code

§ 22-5.6

Fences and Walls.

[Ord. #72-10; Ord. #79-20; 1970 Code 17-5.6; Ord. #98-3, §§ 1 — 10; Ord. #2011-3; Ord. No. 2018-2]
a. 
Definitions.
1. 
FRONT YARD - Shall mean the area extending the full width of the lot situated between a street line and the front line of the building and projected to the side lines of the lot.
2. 
HEIGHT - Shall mean the distance measured from the normal ground level at the point or points where the fence is to be erected.
3. 
WALL - Shall mean any fence which has more than 50% of its vertical composition of solid material.
4. 
WALLS AND FENCES - For the purpose of this subsection walls and fences shall be used interchangeably unless specifically distinguished.
5. 
ZONES - Shall mean the zones as defined in the Zoning Ordinances of the Borough of Moonachie.
b. 
Fences and Walls in Industrial Zones.
1. 
There shall be no solid fences erected in the front yard unless required by the Planning Board at the time of site plan approval to screen adjoining uses. Non-solid fences up to a height of six feet may be erected in the front yard, except that on a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner.
2. 
A solid or other type fence not to exceed eight feet in height may be erected to enclose the rear yard of a property, including the area at the sides of the building up to the front yard, except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.
3. 
No fence around Industrial Zones shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
c. 
Fences and Walls in Residential Zones.
1. 
Fences or walls up to and including four feet in height may be permitted in the front yard of residential zones, except on corner properties where the line of site would be affected at the street intersection; such fence or wall may only be 30 inches in height.
2. 
Fences in residential zones shall not encroach onto property of neighbor and shall be installed so that the finished sides of the fences face the street or the neighboring property.
3. 
On a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner.
4. 
Fences which enclose swimming pools shall be subject to the regulations contained in the Swimming Pool Ordinance.
5. 
No fence around residential property shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
6. 
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved site plan on file with the Construction Official.
7. 
Fences up to six feet in height may be permitted in the rear yard of residential zones except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.
8. 
Fences up to six feet in height may be permitted along the side yard line as well as the rear yard line in residential zones where the property is contiguous to a commercial property. Such fence may be erected up to the distance of the ten-foot right-of-way setback of the residential property.
d. 
Fences and Walls in Business Zones.
1. 
There shall be no solid fences erected in the front yard, unless required by the Planning Board at the time of site plan approval to screen adjoining uses. Nonsolid fences up to a height of three feet may be erected in the front yard, except that on a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner.
2. 
A solid or other type fence not to exceed eight feet in height may be erected to enclose the rear yard of a property, including the area at the side of the building up to the front yard, except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.
3. 
No fence around residential property shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
4. 
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved site plan on file with the Building Inspector.
e. 
Site Plan Approval Required. Type of Use. All fences in nonresidential zones shall be subject to site plan approval by the Planning Board, and front yard fences in residential zones shall be considered a conditional use.
f. 
Permit Requirements. Before any fence can be erected, altered or reconstructed, an application must be made to the Construction Official for a permit and the application shall include name, a description showing the position and property lines, location of the fence, a notice to all abutting neighbors, and a description of the type of fence to be erected and the height of the fence, and the percentage of openings.
g. 
General Instructions.
1. 
Finished surfaces of fences shall face adjacent properties, in the event that there be none such, then to the street or property line closest to which the fence is located.
2. 
Any portion of a fence intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract of land upon which the fence is erected.
3. 
Fences which are inferior in quality or not maintenance free (except for painting or refinishing) are prohibited.
4. 
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.
h. 
Prohibited Materials. The following fences and fencing materials are specifically prohibited:
1. 
Barbed wire fences.
2. 
Short pointed fences.
3. 
Canvas fences.
4. 
Cloth fences.
5. 
Electrically charged fences.
6. 
Poultry netting.
7. 
Temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.
i. 
Violations and Penalties. Any person violating any of the provisions of this subsection shall, upon conviction be punished by a fine not to exceed $200 or by imprisonment not to exceed 90 days, or both.