A Charlottetown couple is upset the city's first rooftop patio is being built about four metres away from one of their windows.

The rooftop patio at Fishbones Oyster Bar and Seafood Grill on Victoria Row is due to open this month. The area is a popular spot on sunny, summer days, and getting a table on one of the street level patios can be difficult. Fishbones is now creating a new space by building on its roof.

But Scott Carriere and Kara Thomson, who live in the building next door on the same level as the new patio, say a new problem is being created.

"None of the surrounding neighbours, or anybody, has been asked if this was OK. As you can see, there's another window over here. This is somebody's living room that's going to be overlooking this patio," said Carriere.

Fishbones rooftop patio

This living room window looks out over the patio being built on the top of Fishbones. (CBC)

"Tenants that live around the area, nobody's been asked whether they care."

Carriere and Thomson don't have a window overlooking the patio, but do have a street-facing window about four metres away. They've been living in the apartment for four years, but say once the rooftop patio at Fishbones is open, they'll be moving out.

Unlike street-level patios, there is no bylaw covering rooftop patios.

"They just have to meet national building codes, fire codes," said Charlottetown Coun. Rob Lantz.

"There's nothing in our bylaw, no hoops they have to jump through. Definition of a deck in our bylaw does not cover something like this."

Thomson said that needs to change.

"Maybe a bylaw saying at eye level you're not allowed within many feet of someone's home," said Thomson.

"Just something to have it say they can't have it right beside people's property."

Fishbones manager Sam Murphy said the restaurant has followed all the proper procedures at city hall. He added the rooftop patio won't be open past midnight, and it will only operate two or three months of the year.

There has been talk recently at city council of regulating rooftop patios, now that someone's actually building one.

For mobile device users: Should Charlottetown introduce bylaws regulating rooftop patios?