Mount Arlington City Zoning Code
§ 17-32.4
Fences or Walls.
Fences or walls in excess of 24 inches in height shall be considered as accessory uses to a principal permitted use and are permitted in all zones in accordance with the standards set forth below and shall require a building permit from the Zoning Officer.
b.
Maximum height and location.
[Ord. No. 02-03 § 2, Ord. No. 10-11 § 10]
(1)
A fence with a maximum height of four feet shall be permitted anywhere on the property.
(2)
A fence with a maximum height of six feet shall be permitted anywhere on the property except within a minimum required front yard setback.
(3)
A transparent fence may be constructed anywhere on the property.
(4)
A solid fence may be constructed anywhere on the property except within a minimum required front yard setback and between the established front of a dwelling and public right-of-way.
c.
General Regulations on Fences and Walls.
[Ord. No. 02-03 § 2]
(1)
Landscaping is not defined as a fence for the purposes of this section and, therefore, does not require a permit.
(2)
Corner Lots. On corner lots, no wall or fence shall be located closer than the required front yard setback for that zone from any street right-of-way line for that zone.
(3)
Obstruction to Vision. No fence, wall or landscaping shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(4)
Notwithstanding any of the provisions set forth herein, a fence up to four feet in height which is at least 50% transparent may be constructed in the front yard of any residential zone.
(5)
The Planning Board may waive site plan approval for fences in nonresidential zones.
(6)
No fence or wall shall be constructed with barbed wire, metal spikes, or other dangerous material or constructed in such a manner as to be dangerous to animals or humans.
(7)
In all instances, the most attractive side of the fence shall face the adjoining property.
(8)
Notwithstanding the provisions set forth in paragraph b above, fences shall have a minimum setback of 12 inches from any lot line or public right-of-way line. An exemption to construct a fence up to a lot line which is not a public right-of-way line may be granted by the Zoning Officer, provided that a design of the fence and footings illustrating that they will not encroach onto the neighboring property is included with the required zoning permit application.
[Ord. No. 07-09, Ord. No. 10-11]
(9)
An as-built survey of any fence approved to be constructed closer than 12 inches to a lot line shall be provided to the Zoning Officer for review and approval following construction. If it is determined that the fence is encroaching onto a neighboring property the applicant shall be responsible to relocate or remove the fence within 14 days after which the Zoning Office shall commence enforcement actions. A revised as-built survey may be required following relocation to the fence.
[Ord. No. 10-11]