 
Psewick
Member
Username: Psewick
Post Number: 99
Registered: 03-2006
| | Posted on Wednesday, March 19, 2008 - 2:02 pm: |    |
I hope someone here can answer this question so that I don't have to sit on hold with the buildings and engineering department...
I want to put up a six foot privacy fence between my yard and my neighbor's. However, she thinks that the rotten, partially collapsed post-and-wire fence from the 50's is just fine. (She is also not mentally well.) I can't tear down the old fence and build a new one without her say-so, regardless of her mental condition.
Can I build a fence on my property set back from the property line? If so, what is the allowable setback? (I am willing to lose a foot or two of my yard if it means I don't have to look at my neighbor's garbage collection.) The online information regarding fences on the city's website did not address this issue.
Thanks,
Paul |
Rsa
Member
Username: Rsa
Post Number: 1435
Registered: 10-2003
| | Posted on Wednesday, March 19, 2008 - 2:31 pm: | |
psewick;
i found this information in the zoning and thought it might help you out, even though it doesn't exactly address your question:
quote:Sec. 61-14-251. Fences.
The following provisions shall apply with regard to fences:
(1) Partition fences between houses. The respective owners of all lots in the City of Detroit
shall construct and maintain partition fences between their own and next
adjoining lots in such manner as stated in this section, except that by mutual
consent of adjoining owners such fences between dwellings may be omitted. All
owners of lots shall be responsible for the rebuilding, care and upkeep of all
fences that are contiguous to, or bordering upon, streets and alleys and also all
fences that mark dividing lines between lots as specified in this section. The
partition fence, to be erected and maintained, shall mean only that portion
between the rear of the house and the alley or rear lot line;
and:
quote:(3) How constructed. The house numbering system of the City shall govern the side of
the fence upon which the posts shall be placed. Posts of all fences shall be placed
on the side of the fence leading to the higher number as assigned by the City,
except only the fences on East and West Grand Boulevard and Outer Drive shall
be governed as though the Grand Boulevard and Outer Drive were numbered as
on parallel streets. The lot owner upon whose property the posts are located shall
be responsible for building and maintaining the front half of the fence to be built,
and the rear half of the opposite fence, notwithstanding that any previous
ordinances are contrary. The posts of easement fences shall be placed on the side
of the fence with the higher street number and the lot owner upon whose
property the posts are located shall be responsible for building and maintaining
the half of the fence adjacent to the next higher street number;
so, if your address is higher than hers, technically it's your responsibility to maintain it. also, if my reading is correct, you are required to put up a fence (but share the cost); you only need consent of both neighbors to not have a fence in between residences.
[FYI, fences should be no less than 2 feet high, but no taller than 8 feet high.] |
Psewick
Member
Username: Psewick
Post Number: 100
Registered: 03-2006
| | Posted on Wednesday, March 19, 2008 - 9:02 pm: | |
My address is higher than hers... so does this mean that I can tear down the rickety fence and put up a new one any time I want? That would be nice. I hope your reading is correct. Eh, if she calls the building and engineering department on me, I'll just call the blight violation department on her.... |
Rsa
Member
Username: Rsa
Post Number: 1436
Registered: 10-2003
| | Posted on Thursday, March 20, 2008 - 9:05 am: | |
quote:Posts of all fences shall be placed
on the side of the fence leading to the higher number as assigned by the City
and
quote:The lot owner upon whose property the posts are located shall
be responsible for building and maintaining the front half of the fence to be built,
and the rear half of the opposite fence, notwithstanding that any previous
ordinances are contrary.
it's a little difficult to read, but if you stopped by the building engineering department in the cadillac tower, they should be able to answer the question. you could try calling, you might get thru. just act like a builder, be patient, and polite. quote the specific section and ask specific answers.
but, if you're not too worried about it, just go ahead and do it. most people shy away from specific codes when you quote the section. and, if questioned about it, you can say it was your understanding of the zoning. but this is me playing devil's advocate. |
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