[Added 9-21-2015 by Ord.
No. 22-15, effective 10-11-2015]
A. Permitted accessory structures. Fences and walls in excess of 18
inches in height shall constitute permitted accessory structures in
all zones. Such fences and walls shall be subject to the standards
set forth below.
B. General requirements.
(1) The finished side of every fence must face the property adjoining
the lot on which the fence is erected.
(2) No fence or wall shall be erected or maintained at height or in a
location that would limit or restrict sight distance required for
any street or driveway under the Residential Site Improvement Standards,
N.J.A.C. 5:21-1.1 et seq., or any other regulation of the Borough
of Lincoln Park, the County of Morris, or the State of New Jersey.
(3) No fence may contain razor ribbon or barbed wire.
(4) Electrified fences are prohibited.
(5) No fence shall be constructed or maintained in any manner which creates
an unreasonable risk of harm to persons or animals.
(6) No fence or wall shall be erected or maintained closer than six inches
to any property line.
(7) Fences constructed above or on top of retaining walls shall be separated from the retaining wall below by a horizontal distance equal to the height of the retaining wall or the fence, whichever is greater. Fences and walls constructed in compliance with this spacing requirement shall be deemed to constitute separate structures for purposes of calculating height. Otherwise, such fences and walls shall be deemed to constitute one structure for purposes of height calculations. Fences less than 25% solid that do not exceed four feet in height shall be exempt from the requirements of this Subsection
B(7).
C. Fences and walls located closer to the street than the principal
building.
(1) No wall except a retaining wall shall be erected or maintained closer
to a street line than the closest point of the principal building.
Such retaining walls shall not exceed four feet in height.
(2) Fences erected or maintained closer to a right-of-way than the closest
point of the principal building shall not exceed four feet in height.
(3) No fence which is 25% solid or more shall be erected or maintained
closer to any street line than the principal building except for a
decorative fence such as a picket fence.
D. Fences and walls in side and rear yards.
(1) No fence or wall erected or maintained in any side or rear yard shall
have a height exceeding six feet, except that security fences in the
side and/or rear yards of properties located in the I, TI, AI, and
PI Zones shall be permitted to be up to eight feet in height.
(2) Fences and walls erected in side and rear yards may be up to 100%
solid.
E. Fences or walls for swimming pools, hot tubs, and similar facilities.
Swimming pools, hot tubs, and similar facilities shall be screened
from all adjoining properties by a solid fence or wall as per Appendix
G, Swimming pools, Spas and Hot Tubs, of the 2009 International Residential
Code.
F. Fencing for certain athletic facilities. The provisions of this section
shall not apply to fences for athletic fields or tennis courts on
public property or public or private school property.
G. Zoning permit required. No fence or wall regulated by this section
shall be erected, constructed, installed, altered, modified, enlarged
or extended except in accordance with a zoning permit issued by the
Zoning Officer.
[Added 6-21-2021 by Ord. No. 5-21, effective 6-7-2021]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services, as said terms are defined in Section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies
by a delivery service, are prohibited.