The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, penthouses and domes
not used for human occupancy, nor to chimneys, ventilators, skylights,
water tanks, bulkheads, similar features and necessary mechanical
appurtenances usually carried above the roof level. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purpose they are to serve.[1]
[1]
Editor's Note: Original § 16-14.2,
which immediately followed this section and dealt with reduced lot
area, was deleted 5-9-1990 by Ord. No. 5-1990.
[Amended 7-21-2010 by Ord. No. 18-2010]
On the corner lot in any residential district, no wall, hedge,
living fence, screening or other structure or planting shall be placed
within the triangular area formed by the intersecting curblines and
a straight line joining said curblines at points which are 40 feet
distant from the point of intersection, measured along the curblines,
with the exception of the following:
A.
An open-type fence not more than four feet in height and not more
than 50% solid as defined in this section may be constructed in the
above-mentioned triangular area.
B.
Trees whose branches are trimmed away to a height of at least 10
feet above the top of curb or edge of pavement shall be permitted
within the triangular area as described above.
[Amended 5-4-1990 by Ord. No. 5-1990; 12-11-1996 by Ord. No.
14-1996; 7-21-2010 by Ord. No. 18-2010]
A.
Fences and walls shall be erected and constructed in accordance with
the regulations contained in this section, but no wall shall be erected
in excess of four feet in height. Approved types of fences shall be
erected to a maximum height of six feet in height for rear yards and
four feet in front and side yards. Prefabricated fences of standard
six-foot height shall be installed as close to the ground as possible.
The total height of the fence will not include slight undulations
of the ground, provided that 80% of the fence does not exceed the
maximum height of six feet.
(1)
A four-foot wall is a wall that is 48 inches in height, measured
vertically from a naturally occurring grade that has not been altered
by excavation or importation of rock, soil or any other material directly
under said wall.
(2)
A six-foot fence is a fence that is 72 inches in height, measured
vertically from a naturally occurring grade that has not been altered
by excavation or importation of rock, soil or any other material directly
under said rear yard fence.
(3)
A four-foot fence is a fence that is 48 inches in height, measured
vertically from a naturally occurring grade that has not been altered
by excavation or importation of rock, soil or any other material directly
under said front or side yard fence.
B.
The slope of the ground towards the top of the retaining wall shall
not exceed one foot in height to two feet horizontal.
C.
Types of fences.
(1)
Fences may be constructed of split-rail types, woven-wood type, stockade
type, PVC or prefabricated plastic type, aluminum and metallic type
or neatly designed wood latticework. No fence shall be constructed
of any material or in any manner which may be dangerous to persons
or animals.
(2)
Cyclone fences using one-and-one-half-inch pipe standards set in
concrete with top rails are allowable. Standards are to extend at
least two feet below finished grade and be spaced a maximum of 10
feet on centers.
D.
The support structure of a one-sided fence shall face the inside
of the property upon which it is being constructed so that the finished
side faces the adjoining neighbor's properties.
E.
Fences which are to be painted shall be painted in a manner and color
which shall be harmonious with the surrounding area.
F.
Fences shall be erected in a manner so as to permit the natural flow
of natural drainage, surface water runoff and shall not cause water
to be blocked, ponded, diverted or directed.
G.
All fences must be erected within the property lines, and no fence
shall encroach on any public right-of-way.
H.
Every fence or wall shall be maintained in a safe, sound, upright
condition in accordance with the approved plan on file in the Construction
Department. If, upon inspection, the Construction Official or the
Borough Engineer determine a wall or fence including a hedge, living
fence or screening is unsafe or poses a risk to the health, safety
and welfare of the public, the wall or fence including a hedge, living
fence or screening shall be repaired, removed or replaced immediately
so as to alleviate the safety risk by the owner.
I.
Each application for a fence permit shall be filed on forms furnished
by the Construction Department and shall be accompanied by a sketch
on a copy of the property survey indicating the proposed location
and dimensions of the proposed fence.
J.
All associated permit fees shall be submitted to the Construction
Department prior to the issuance of a building permit.
K.
In all residential zones, fences not higher than six feet are permitted
in the rear yard only.
(1)
For the purpose of this section, the "rear yard" shall be defined
as the space within and extending the full width of the lot between
the rear wall line of the main building and the rear lot line.
L.
Front and side yards may have fences that shall not exceed four feet
in height and shall be not more than 50% solid. The following shall
also apply to fences constructed in a front yard:
(1)
No fence shall be constructed in the front yard which would impede
the vision, safe ingress and egress from driveways.
(2)
Fencing in the front yard of a corner lot shall comply with the requirements of § 600-62, Visibility at intersections.
(3)
For the purpose of this section, the front yard shall be defined
as that yard which the front door and/or the front of the house are
located.
(4)
For the purpose of this section, the side yard shall be defined as
that space at the extreme sideline of the main building to the side
lot line extending from the rear line of the front yard and the front
line of the rear yard.
M.
A "fence not more than 50% solid" shall be defined as a fence section
or panel from support post to support post having at least 1/2 of
the surface area not covered by fence material as to provide visibility
through the fence section or panel.
N.
Prohibited fencing materials. The following fences and fencing materials
are specifically prohibited: barbed wire fence, razor wire fence,
short pointed fence, electrically charged fences, temporary fences
such as snow fences, expandable fences and collapsible fences at any
location on the lot which a dwelling or structure is situated. The
utilization of temporary-type fencing such as a snow fence, expandable
fence and collapsible fence is allowed on a temporary basis during
construction activities for the purpose of isolating a work site for
security and safety purposes. Upon the completion of construction
activities, all temporary fencing materials must be removed. The utilization
of temporary fencing such as canvas fence and snow fencing for the
protection of vegetation, decorative or otherwise during cold weather
shall also be permitted from November 15 to April 15.
O.
Height limitations, hedges, living fences or screening. There shall be no height limitation for hedges, shrubs, evergreens, trees of any type, etc., at or near side, front and/or rear property lines, except as outlined under Article X. However, where visibility is limited at driveway exits, the height limitations for hedges, shrubs and evergreens, living fences or screening shall be three feet only, and such limitations shall extend along front and side lot lines for a distance of 25 feet.
P.
Hedges, shrubs, evergreens, trees or any type of living fence or screening shall be planted no closer than three feet to the property line, shall be maintained in a neatly trimmed condition, shall not interfere with visibility on corner lots in accordance with § 600-62 of this chapter and shall not extend off the owner's own property.
Q.
No walls, fences, hedges, living fences or screening shall be erected
having protruding projections, hooks, thorns, barbs, etc., which are
hazardous to any person passing by, whether it is along the face or
the top of the fence, wall, hedge, living fence or screening.
A.
Terraces. A paved terrace shall not be considered
in the determination of yard sizes or lot coverage; provided, however,
that such terrace is unroofed and without walls, parapets or other
forms of enclosure. Such terrace, however, may have an open guard
railing not over three feet high and shall not project into any yard
to a point closer than eight feet from any lot line. Such terrace
shall comply in all respects with setback requirements as are required
for accessory buildings.
[Amended 4-15-1992 by Ord. No. 15-1992]
B.
Porches. Any porch, roofed over, shall be considered
a part of the building in the determination of the size of yard or
lot coverage. The size of the porch is determined by the size of the
porch foundation.
[Amended 5-9-1990 by Ord. No. 5-1990]
C.
Projecting architectural features. The space in any
required yard shall be open and unobstructed, except for the ordinary
projections of windowsills, belt courses, cornices, eaves and other
architectural features; provided, however, that such features shall
not project more than six inches nor shall any roof overhang project
more than four feet into any required yard.
D.
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet;
provided, however, that the sum of such projections on any wall does
not exceed 1/3 the length of the wall.
E.
Fire escapes. Open fire escapes may extend into a
required yard not more than four feet six inches.
F.
Steps, walls and fences. The requirements of this
chapter respecting yards or courts shall not apply to any necessary
steps or retaining walls, nor to any fence or wall that is less than
four feet in height.
G.
Decks. In the event a deck is attached to the principal
building, it shall be treated as part of the principal building. In
the event it is detached, it shall be treated as an accessory building
and shall comply in all respects with setback requirements applicable
to accessory buildings.
[Added 4-15-1992 by Ord. No. 15-1992]
H.
Tennis courts. A tennis court shall be permitted only
on a lot having a minimum of 40,000 square feet. The tennis court
shall be completely enclosed by a fence not to exceed 10 feet in height.
Lighting is not permitted. Such tennis courts shall comply in all
respects with setback requirements applicable to accessory buildings.
A site plan application is required in all instances.
[Added 4-15-1992 by Ord. No. 15-1992]
No trailer, mobile home or like vehicle may
be used for residential, business or industrial purposes. However,
such vehicles may be used by construction contractors for their temporary
field offices.
[Amended 5-18-2022 by Ord. No. 12-2022]
Within any district, no garage shall be built
into a basement or under a terrace. Underground parking shall be prohibited.
Moreover, within any district, no garage shall be built at grade level
where the parking spaces are covered by the ground floor of a building.[1]
[1]
Editor's Note: Original § 16-15.9,
which immediately followed this section and dealt with determining
lot frontage on through lots, was deleted 5-9-1990 by Ord. No. 5-1990.
Where a residential district is bounded by a
portion of a business district, then any side street extending through
such residential district into such business district shall not be
used for any business purpose, except as follows:
[Amended 5-18-2022 by Ord. No. 12-2022]
Within any district, public garages shall be
prohibited.
Animals of the genus equus, owned by the owner
or occupant of the land, may be raised, bred or kept in all districts
in the Borough. However, no such animals of the genus equus shall
be raised, bred or kept for commercial purposes. The raising, breeding
or keeping of animals of the genus equus shall be subject to the following
terms and conditions:
A.
One animal of the genus equus is permitted on a tract
of land with a minimum of three acres. An additional animal of the
genus equus is permitted on such a tract of land for every additional
acre in excess of three acres. In no case shall more than six animals
of the genus equus be permitted.
[Amended 5-14-1980 by Ord. No. 7-1980]
B.
The area in which the animal or animals of the genus
equus shall be permitted shall be enclosed in a fence of sufficient
height and durable construction so as to assure the containment of
the animal or animals of the genus equus in the permitted area. Such
enclosed fence shall be 100 feet minimum distance from the front,
rear and side property lines of the subject land.
C.
No animals of the genus equus shall be raised, bred
or kept except within said enclosed area, except that the animals
shall be permitted from time to time, when accompanied, to traverse
the front yard portion for the purposes of ingress and egress.
D.
All animals of the genus equus which are raised, bred
or kept shall be maintained conformable to the requirements of all
applicable provisions of the Code of the Borough of North Haledon.
E.
No boarding of animals of the genus equus shall be
permitted, and only animals of the genus equus owned by the occupant
of the property shall be permitted.
[Added 8-21-1991 by Ord. No. 17-1991]
As to premises on which an existing structure
lawfully exists but which does not conform to the bulk requirements
of this chapter, a variance shall not be required for an addition
to the existing structure unless the proposed addition would violate
a bulk standard or requirement of this chapter, and in such a case,
the only variance which shall be required shall be for the standard
which would be violated by the proposed addition.
