Zoneomics Logo
search icon

Brooklyn City Zoning Code

CHAPTER 1105

Fences

1105.01 PURPOSE.

   The purpose of this chapter is to establish regulations for fences and enclosures for lots within the City. (Ord. 2022-34. Passed 1-9-23.)

1105.02 APPLICABILITY.

   (a)   Before a fence is erected, a permit shall be secured from the Building Inspector.
   
   (b)   Application for such fence shall be made in writing to the City and shall be accompanied by a payment of a fee established by City Council and plans or drawings showing the following:
      (1)   The actual shape and dimension of the lot on which the fence is to be constructed;
      (2)   The exact location, height, length, type or material, and type of construction of the proposed fence; and
      (3)   The location of all buildings on the lot.
         (Ord. 2022-34. Passed 1-9-23.)

1105.03 GENERAL FENCE REQUIREMENTS.

   The following requirements shall apply to a fence in any zoning district:
   (a)     It is the responsibility of the installer to verify property line locations, and to install the fence completely on the subject property.
   (b)     All fences shall be of uniform design, and otherwise well maintained.
   (c)    The maximum height for a fence is six (6) feet, unless specifically regulated otherwise. Where a fence encloses a school ground, public playground, public swimming pool, sports courts, sports fields, or other public areas, the maximum height is ten (10) feet.
   (d)    All fences shall display the finished side of the fence to adjacent properties and the public right-of-way. Fence posts shall not face to adjacent properties or the public right-of-way.
   (e)    Living fences (constructed out of landscape materials) shall be trimmed so as not be a nuisance to abutting properties. Such fences shall be limited to a maximum of three (3) feet in height in the side and front yards and eight (8) feet in height in the rear yard. In the front yard of a lot, a living fence is permitted subject to:
      (1)    The fence is parallel to the front building line; and
      (2)    Is not more than eight (8) feet from the front of the building; and
      (3)    Is a maximum height of three (3) feet.
   (f)    Electronically charged fences, barbed wire fences, and razor wire are not permitted in the City.
   (g)   No fence shall be permitted beyond the rear corners of the principal structure on any lot, unless specifically permitted herein. Notwithstanding this provision or Figure 1105.04-1, in a residential zoning district a fence parallel with the rear building line may be installed beyond the rear corners of the principal structure to encompass a side door plus a maximum of three (3) feet towards the front building line, where the principal structure has no rear door but has a side door.
      (Ord. 2024-8. Passed 4-23-24.)

1105.04 RESIDENTIAL FENCE REQUIREMENTS.

   In addition to the general requirements in Section 1105.03, a fence that is to be located in a residential zoning district is subject to the following:
   (a)   In the front yard of a lot, a fence or wall is permitted subject to:
      (1)   The fence is parallel to the front building line; and
      (2)   Is not more than eight (8) feet from the front of the building; and
      (3)   Is a maximum height of three (3) feet.
   (b)   A fence or wall may be installed up to, but not on the lot line.
   (c)   For corner lots and through lots, a fence may be located behind the rear corners of the principal structure and is permitted twenty-four (24) inches from the right-of-way or the back of sidewalk along the secondary frontage, whichever is more restrictive, and no fence shall be installed to create an obstruction of the right-of-way.
Figure 1105.04-1: Fence Location on Corner Lots and Through Lots for Residential Uses
(Ord. 2022-34. Passed 1-9-23; Ord. 2024-8. Passed 4-23-24.)

1105.05 NON-RESIDENTIAL FENCE REQUIREMENTS.

   In addition to the general requirements in Section 1105.03, a fence that is to be located in a non- residential zoning district is subject to the following:
   (a)   In the front yard of a lot, a fence or wall is permitted subject to:
      (1)   The fence is parallel to the front building line; and   
      (2)   Is not more than six (6) feet from the front of the building, unless approved by Planning Commission for screening purposes.
   (b)   A fence or wall may be installed up to, but not on the lot line.
   (c)   For corner lots, a fence may be located behind the rear corners of the principal structure and shall be located no closer to the secondary frontage than the side building line, unless approved by Planning Commission for screening purposes.
    (d)   For through lots, a fence may be located behind the rear corners of the principal structure and is permitted thirty-six (36) inches from the right-of-way or back of sidewalk along the secondary frontage, whichever is more restrictive, and no fence shall be installed to create an obstruction of the right of way.
 
Figure 1105.05-1: Fence Location on Corner Lots and Through Lots for Non-Residential Uses
(Ord. 2022-34. Passed 1-9-23.)