17.40.050 FENCING

A.​ Fence Defined: A tangible barrier with the purpose or intent or having the effect of preventing passage or view across the fence line as defined in the "Millville City Landscaping And Planting Guide". B.​ Front Setback Area Defined: The term "front setback area" shall refer to the setback area (as required by this section) along any street frontage whatsoever, whether it is the side or front yard of a property. C.​ Interior Lot Requirements: 1.​ Side And Rear Property Lines: On all interior lots, a fence, not to exceed six feet (6') in height, may be erected along all side and rear property lines including the front yard setback area. 2.​ Front Setback Area: On all interior lots, a fence, not to exceed six feet (6') in height, may be erected along all front setback sides and front setback property lines. No fence or wall shall be placed on any city easement area. All fences shall display home address so it can be read from city streets. 3.​ Average Grade: Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from the average grade of the higher property. Average grade shall be established based on elevations of finish grade within five feet (5') of the proposed fence line. When a retaining wall exists at the property line, fence height may be measured from the higher side of the wall. D.​ Corner Lot Requirements: 1.​ On all corner lots, a fence, not to exceed six feet (6') in height, may be erected along the rear and interior side lot line, but not in the front yard setback area. 2.​ In all zones requiring a front yard setback, no obstruction to view in excess of thirty six inches (36") in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the property line. 3.​ Notwithstanding any other provisions herein, a fence may be erected to a height of six feet (6') in any yard abutting a street within the setback area. E.​ Fences On The Public Right Of Way: No fence approved under this chapter shall be erected beyond the property line, on the public right of way, without the issuance of a permit by the planning and zoning commission. Approval of a fence on the public right of way shall be subject to the following conditions: 1.​ No fence shall be erected within one foot (1') of an existing or future sidewalk or within a three foot (3') radius of a fire hydrant. Also no fire hydrant shall be enclosed by a fence. 2.​ The city shall retain the right to remove any fence on the public right of way for any purpose it deems necessary. Removal shall be at the sole expense of the property owner. 3.​ Maintenance of the area between the sidewalk and the property line shall be the responsibility of the property owner. F.​ Fences On Controlled Access Streets: On streets designated by the city engineer as controlled access streets, walls, fences or hedges may be erected to a height of six feet (6') in the front setback area. G.​ Fences For Recreation Use: On rear property lines, a chainlink fence may be erected to a height of twelve feet (12') for the purpose of enclosing a tennis court, swimming pool, or other court game area. Said fence may not be located within the setback area of yards abutting a front, side, or street side yard. The fence shall in no way be closed in with adjacent plant materials or strips of material inserted into the fence higher than six feet (6') so as to obstruct vision. H.​ Fences To Be Required In Certain Areas: Sight obscuring fences shall be required along the boundary line in the following cases: 1.​ All commercial and industrial developments having a common lot line with property used for residential purposes shall require the construction of a seven foot (7') high sight obscuring masonry or tight board fence; or 2.​ Said fence shall be reduced to thirty six inches (36") in height inside the front yard setback area (on all corner lots) forty eight inches (48") (on all interior lots) of the residential property. It shall be the responsibility of the developer/builder or owner of the denser development to erect the fence. I.​ Fences Not Otherwise Identified: The planning commission shall review all requests for any type of fence not specifically identified in this chapter and may approve said fence if, in the opinion of the commission, the fence does not impair the intent and purpose of this section. (Ord. 2015-1, 2015: Ord. 2009-1, 2009: Ord. 2007-7, 2007: Ord. 2004-1, 2004: Ord. 2003-2, 2003)