...cont'd from page 4

7.
A fence located along an alley shall have an inset to accommodate a trash receptacle. The inset shall be a minimum 18 square feet.
In the City of Austin Land Development Code paragraph icon 25-2-899 FENCES AS ACCESSORY USES.
  1. 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.
  2. 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.
  3. The height restrictions of this section do not apply to an ornamental fence.
  4. Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an aver-age height of six feet or a maximum height of seven feet.
  5. 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 situa-tion, including a swimming pool.
  6. 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.
Source: Section 13-2-308.
In the City of Austin Traffic Regulations

paragraph 16-7-2 PLACEMENT OF FENCES IN STREET CORNER AREAS.

    It shall be unlawful for any person to permit any fence to remain, or to construct or replace, or cause to be constructed or replaced any fence on or in that portion of any corner in the city, which portion includes all property ten feet in from the curbline and 40 feet on either side from the street corner intersection of the curblines.

('81 Code, paragraph 11-2-167) Penalty, see paragraph1-1-99

    I hope this first article in the series of city codes has been informative and that if anyone has a law to discuss or want written about, that they will join us on the committee or call.

-- Alan Marburger
Chairman, Hyde Park N.A.
Code Enforcement Committee
459-2261
alan@mcgrawmarburger.com
NOTE: For another view on enforcement issues, see article by Chris Brown on page 10

Pecan Press -- September, 2003 -- Page 05

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