Zoneomics Logo
search icon

Sussex City Zoning Code

§ 19-18.10

Fences.

[Ord. 03-2001, SIII]
a. 
General Regulations.
1. 
Fences shall be permitted in front, side and rear yards.
2. 
No fence shall be located on any property in any way which violates the provisions of the Borough ordinance which provides for site triangles at street corners, at intersections of driveways and parking area access with streets. No fence shall be located in the Borough right-of-way.
3. 
Fences which may present a danger or hazard to the public welfare are prohibited.
4. 
All fences must comply with all Department of Environmental Protection Regulations and current BOCA Construction Codes.
5. 
The following fences and fencing materials are specifically prohibited in any location on the lot upon which a dwelling or structure is situated:
Barbed wire fences, razor wire fences, sharp pointed fences, canvass cloth, electrically charged fences, poultry netting, temporary fences (i.e., snow fences), expandable fences and collapsible fences. All fences must be painted, stained, galvanized or otherwise treated to prevent rust, rot, excessive weathering or other rapid deterioration and should otherwise be properly maintained.
6. 
In all front yards of any residential lot, and on lots in any other zone on which residential properties are erected, only split rail or decorative (see-through) fencing may be erected, subject to height regulation contained in Subsection 19-18.10b.
7. 
In nonresidential zones, not more than four strands of barbed wire may be added to the top of fencing, which is a minimum of eight feet in height. Barbed wire shall not be permitted in front yards in nonresidential zones.
8. 
In the event that both sides of a fence or free-standing wall are not identical, the finished/preferred side shall be required to face the street and/or abutting properties, as applicable. The finished/preferred side is defined as the side which best conceals fence posts, rails and other supporting parts, and/or which is painted, stained, coated when only such side is so treated.
9. 
Agricultural uses are allowed barbed wire, electrified fence, temporary fences and other fences reasonably related to the agricultural use.
10. 
No fence, hedge, shrubbery or planting shall be permitted on any lot or adjacent thereto in any zone within the street right-of-way. All trees adjoining street sidelines in all zones shall have their branches trimmed to insure unobstructed site lines. On any corner lot in any zone, no shrubbery, planting, fence or other obstruction to vision shall be permitted adjacent to the street property line.
b. 
Height Regulations.
1. 
In residential zones, fences shall not exceed four feet in height when located in the front yard. They shall not exceed six feet in height when located in the side or rear yards.
2. 
Fences shall not exceed four feet in height when located in the front yard. They shall not exceed eight feet in height when located in the side or rear yards.
3. 
Fences for recreational facilities may be up to eight feet in height in the residential zone, except for fences located in the front yard in any zone, which shall not exceed four feet.
c. 
Setback Regulations.
1. 
Residential fences on side and rear yards which abut and adjoin property lines shall maintain at least a one foot setback, provided however, in cases where the fence or free-standing wall on the side or rear yard is permitted to exceed six feet in height by variance, the fence or free-standing wall shall be set back from the property line a distance of an additional one foot for every foot over six feet.
2. 
Nonresidential fences on side and rear yards must be set back from the property line a distance of two feet. In cases where a fence or free-standing wall in a side or rear yard is permitted to exceed eight feet by height by variance, the fence or free-standing wall shall be set back from the property line an additional distance of one foot for every foot over eight feet.
d. 
Maintenance Standards.
1. 
Every fence shall be maintained in a safe, sound, upright condition in accordance with the approved plan on file with the building inspector. Failure to maintain the fence and/or planting, after notice of such failure to maintain the fence has been given from the building inspector, may cause the building inspector to order fining in accordance with Borough ordinances, and removal of the fence, wall or planting at the owner's expense.