Decks & Fencing
Our next door neighbor is building a deck which will be level to the 1st floor of both buildings. Our back yard is at ground level. Will it be permissable to build a fence that rises 6′ from the floor of their deck (12′ from ground level) otherwise they will be peering into our backyard any time they use their deck.
Meliora
in Architectural Salvage 12 years and 1 month ago
6
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6 replies
anotherposter | 12 years and 1 month ago
There are decks off the parlor level up and down our block (and were also on previous blocks we’ve lived on) and I never saw a tall fence. Occassionaly the owners of the deck would put up lattice between their deck and the next deck and grow plants for some privacy, but a tall fence is going to block light for gardens/windows and just make it all feel too closed in, I would think. The majority of our neighbors with decks are rarely only them, so it ends up not really being worse than all the windows that can see into our yard. I use our yard and deck a lot and we only have one neighbor near us who is out nearly as much as I am. I’m suprised so many people spend so much to add decks and then never use them.
Arkady | 12 years and 1 month ago
Behind me a neighbor had the same problem & came up w/ an elegant solution. A flower box parallel to the neighboring deck & a trellis behind it so vines grow up to obscure the views.
briank | 12 years and 1 month ago
Hi _melioradockety_, I feel for you. Loss of privacy really sucks.The code is kind of ambiguous on the matter. In the text below “ground” is nor very well defined. can you argue the “ground” is the level of your neighbors’ deck? don’t know-you should consult a lawyer or simply talk with them. Here is the code: _ARTICLE 18_
_ FENCES_
_§27-509 PERMITTED HEIGHTS. In other than residence districts as established_
_by the zoning resolution, fences may be erected throughout the city to a_
_maximum height of ten feet. In residence districts, no fences, whether of_
_masonry, steel, wood, or any other materials shall be erected to a height of_
_more than six feet above the ground, except that fences used in conjunction_
_with nonresidence buildings and public playgrounds, excluding buildings_
_accessory to dwellings, may be erected to a height of fifteen feet Higher_
_fences may be permitted by the commissioner where required for the enclosure_
_of public playgrounds, school yards, parks, and similar public facilities._ _Prima vista_ I see 2 issues: a) your neighbors have to keep 42″ high railing, parapet or **a fence** on the side adjacent to you, b) if they are extending their 1st floor (parlor floor) they probably have windows under he deck. The rooms that receive light and air from these windows cannot be legally habitable rooms-this may give you some leverage in the conversation :))) Always my best BK
jeanmarine2 | 12 years and 1 month ago
I can’t speak to whether it’s ok to build the fence, but I’d say it depends on what things are/look like already, your fence could make things better or worse. Our neighbors (not next door but the small apartment building adjacent to/behind our backyard, basically we have adjoining backyard areas) have the most hideous shingled awning/shelter that they sometimes BBQ under and we had chain link fence with overgrown vines between our yards (the neighbors seem nice, the few times we actually physically see them through the yards). Last year they pulled down the fence and vines, and put up a 12′ or something fence that’s kind of plastic, cream color, across our backyard. I wasn’t sure I’d like it but now I realize it looks much better than it used to and nicely delineates our yard from theirs. I can still see the awning which is about 2′ above the top of their fence and covers about 3 of their windows, but they have more privacy which is fine with us. We know it’s a cheap plastic fence but it looks nice, probably like trex or something, and painted. We still have a chain link fence between our yard and our adjoining next door neighbors but those neighbors are elderly and really don’t use their yards, so we don’t have privacy issues with them. But I agree with prior posters that privacy is tough to find, it might not be worth the trouble. Perhaps see how it goes and – consider – chatting with them before doing something that might make relations bad. Our neighbors didn’t do that but it was fine. Better now. could have gone the other way.
huesos | 12 years and 1 month ago
A twelve foot fence would be hideous and poison any relationship you have with your neighbors at the same time.
anotherposter | 12 years and 1 month ago
I’m not trying to be mean, but is this a serious post or are you trolling? There are decks all over Brownstone Brooklyn (which will be just as you describe). Part of living in a crowded city is losing some of the quiet and privacy of the country or ‘burbs.