fence codes? (Austin, Cedar Park, Pflugerville: renting, HOA, house)

[orngkat]

I want to put up a horizontal screen type fence along the property line of my side yard. Currently, the windows look out on the neighbors driveway and cars and I would like to screen out that view. Once installed, I would landscape with native plants so that we have a nice view out the bedroom windows again. I would like the fence to start at the front corner of the house but my neighbor says it may be against the law to do so. I found some zoning laws about height but nothing about whether or not a fence must be for the back yard only. Any advice?

[atxcio]

There may be deed restrictions in your neighborhood (either MUD or HOA enforced), which may prevent you from putting a fence in front of the build line of your home. But if you don't have those rules... basically the restrictions are only setback requirements and height. Nothing against having a fence in the front or side.

The bigger fence companies are usually familiar with these city rules, so if you are getting a quote from Allied or Viking they can probably give you an answer to your specific project.

[BentBow]

You can fence all the way to the 10 feet easement in the front.
Some HOA's may have a height restriction(lower) once you get past the cornerstone of the home.

If your on a corner lot, the easement is 5 feet along the side yard along the side street.

[orngkat]

No HOA here in central A...so it sounds like it's OK. I am having a handyman do it as the big guys wanted way too much for something so simple.

[CptnRn]

Originally Posted by BentBow

You can fence all the way to the 10 feet easement in the front.
Some HOA's may have a height restriction(lower) once you get past the cornerstone of the home.

If your on a corner lot, the easement is 5 feet along the side yard along the side street.

Not every site has the easements you describe, easements are usually reserved for utilities and access. Perhaps you meant to refer to the Building Setback lines, as mentioned in the City code quote below? In most of the subdivisions that I'm familiar with the Building Setback is 25' from the front property line. You are correct that a corner property is allowed to build its fence on the "side" of the property closer to the street but must still observe the 25' set back on the "front" property line. Note: the setback requirements are measured from your legal property corners which are usually 5'-10' away from the paved street or curb and gutter.

When you bought your property, you should have been provided with a copy of your site plan sealed by a Registered Land Surveyor or Engineer. It should show what easements and setback lines are applicable for your property.

City of Austin - Frequently asked Questions

Do I need a permit for a fence?

Any fence 6 feet in height or less does not require a permit. You must put it on your property. Taller than that, contact the Zoning Review Division, 974-2380 for more information. Please see the copy of the code section 25-2-899 relating to fences.

http://www.ci.austin.tx.us/developme...oads/fence.doc
§ 25-2-899 FENCES AS ACCESSORY USES.
(A) Except as otherwise provided in this chapter, a fence:

(1) is permitted as an accessory use in any zoning district; and

(2) must comply with the requirements of this section.

(B) In this section:

(1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and

(2) a solid fence is a fence other than an ornamental fence.

(C) The height restrictions of this section do not apply to an ornamental fence.

(D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet.

(E) A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and:

(1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or

(2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool.

(F) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines.

Some subdivision restrictions and Home Owners Associations may also have additional requirements regarding fencing.

[BentBow]

Yes, I just went through all this a year and a half ago, with an extension to my driveway, also. All done without a need for a permit.

I knew the high fence is allowed at the setback for the structure.

The easement in the front is 10feet side yards is 5 feet.

It is there in the codes. I had them in my hand in case the neighborhood code enforcement officer gave me any flack.

[nalluraj]

Originally Posted by BentBow

You can fence all the way to the 10 feet easement in the front.
Some HOA's may have a height restriction(lower) once you get past the cornerstone of the home.

If your on a corner lot, the easement is 5 feet along the side yard along the side street.

I am buying the home in Austin texas Travis county.
My lot is the corner one and my drive way in on the left side on the phone.
The problem is left side on my drive way next home fence is hiding my visibility for the side walk.
If you are taking the car reverse from garage there is no visibility on side walk this is due to left side home side fence 27 foot length from my home begin to side walk.
My question is there is any city rule not to have this length fence which will hide my side walk visibility???

[james122]

I rented this storage property, and the back fence from the people behind the building have angled the fence in line with the back of the building that I am renting, the fence property line is gone, you can not walk behind my building they came in line with the fence with the established property line, but when it reaches my building, they stopped the fence at that point, and angled it off four feet, and nailed it to the building. I know there must be an easement between buildings, and fences. What code does this violate?

[ITO]

A few additional comments for the already answered OT.

1) Pflugerville has a code that says a fence over 4' high is not permitted past the front corner of your house.
2) PEC and Cedar Park will not allow you to put a fence in front of and around your meter, they will make you take it down if you do.
3) If you have an HOA they might have more strict rules than the city.

[CptnRn]

Originally Posted by james122

I rented this storage property, and the back fence from the people behind the building have angled the fence in line with the back of the building that I am renting, the fence property line is gone, you can not walk behind my building they came in line with the fence with the established property line, but when it reaches my building, they stopped the fence at that point, and angled it off four feet, and nailed it to the building. I know there must be an easement between buildings, and fences. What code does this violate?

I have never heard of an easement between buildings and fences. It is not at all uncommon to bring a fence up right to the corner or side of a building.

Are "the people behind" on the same piece of property or a separate property? If they are on a seperate property they cannot legally put a fence onto an adjacent property, but the property owner would have to be the one to object and demand that they remove it.

You said the fence property line is gone. That is probably not correct. property lines are usually established by corner pins or monuments and even when those are missing they can easily be re-established by a land surveyor.

If this is all one piece of property and your are renting only a portion of it, you have no say as to where fences are built as long as they comply with the limited City requirements regarding fences along the property lines. Fences internal to the property lines can be added just about anywhere the owner desires as long as they observe the maximum height and 25' setback requirement from the front and sometimes corner property lines.

i.e. a fence that runs across the property to the corner of the building you are renting is probably not illegal if it was placed there with the permission of the property owner. You should talk to the owner if you have a concern about it.

FYI, You can often look up a plat or site plan of the property configuration for that site at the City or County deed records. Sometimes the County tax assessor's office even includes a link to a relevant plat on their website which documents the tax information for that piece of property.