West Cape May City Zoning Code
§ 27-27.6
Fences, Walls and Sight Triangles.
[Ord. No. 130-88 A16 § 6; Ord. No. 396-07 § 33; Ord. No. 498-2015; amended 11-25-2020 by Ord. No. 590-20]
Any fence construction or installation, including replacement, requires a zoning permit. Nonconforming fences must conform at time of replacement.
a.
All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All poles, posts, etc., shall be erected on the inside of the fence at least six inches from the property line. It being the intent of this section that all fencing materials be installed within the property lines of the property making the application. No electrified or barbed wire fences shall be allowed except for farms when necessary to contain livestock.
b.
On any lot in any district, no wall or fence shall be erected or altered so that the wall or fence shall be over four feet in height in front and side yards and six feet in any rear yard with the following provisions and exceptions:
1.
A dog run may have fencing a maximum of six (6') feet in height provided such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings in the zoning district as stipulated.
2.
A private residential swimming pool area must be surrounded by a fence at least four feet but no more than six feet in height. Swimming pool areas shall be located in rear yards only.
[Amended 3-8-2023 by Ord. No. 621-23]
3.
A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of fifteen (15') feet in height; the fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated.
4.
Schools, playgrounds and parks in any district and commercial and industrial uses may erect security fences to control ingress and egress to all or part of the lot. The fence shall be no more than ten (10') feet in height and constructed with a ratio of the open portion to the solid portion being not less than six to one (6:1).
c.
Chain link fence is permitted in side and rear yards only.
d.
Sight triangle areas shall be required at intersections and driveways entering public streets, in addition to the specified right-of-way widths, in which no grading, planting, or structure shall be erected or maintained more than thirty (30") inches above the street center line, except for utility poles, street signs, fire hydrants and light standards. The sight triangle is defined as that area outside of the curb line and the straight line connecting "sight points," one located on each curb line or driveway center line at a distance of twenty-five (25') feet or one (1') foot for each mile of allowed street speed limit, whichever is greater, or fifteen (15') feet along the center line of a driveway.
e.
A property owner may construct an arbor along a permitted fence line subject to the following requirements:
1.
No arbor will be permitted within a required sight triangle.
2.
Arbors shall not exceed a maximum height of 12 feet, a maximum width of eight feet, minimum clearances of eight feet in height and three feet in width (to provide clear passage through the arbor), and a maximum 18 inches in depth (front to rear).
3.
All arbors shall be properly constructed according to applicable construction codes.
4.
An arbor shall not be considered to be a fence for purposes of this section. An "arbor" is defined as an open work structure constructed of wood, metal or plastic and used to support vines, flowers or shrubs.
[Ord. No. 498-2015]