The Common Law

Does the Setback Ordinance Apply to My Garden Shed?

I live in Austin, and I started to build a small garden shed alongside the common fence that I share with my neighbor. Halfway through building it, my neighbor stopped me and said that I couldn't build a structure within a certain distance of the fence. Is that right?

Most likely yes. Many people think of their houses as their castles, and they assume, often incorrectly, that as kings of their respective castles, they can do what they want within the confines of their own property. Not so fast, particularly if you want to avoid answering to your Neighborhood Planning and Zoning Department.

Common to almost all zoning restrictions is a minimum "setback" requirement. The setback is a sort of buffer zone surrounding your property; imagine it as the terrestrial moat of your castle, where building restrictions are a bit more prohibitive. The city of Austin's setback requirements vary a good deal depending on the property's zoning classification, whether it lies at the edge of a neighborhood, its date of annexation, and its location in relation to roads or alleys. In addition, setback requirements vary even within properties, as the side yard restrictions are usually smaller than front or rear yard restrictions.

The city's official website offers general development standards for residential and commercial properties at www.cityofaustin.org/development/zoning2.htm. However, as mentioned above, other considerations can factor into the setback requirements, so it's always best to first contact the city's Zoning Review Division at 974-2380. Also, be sure to remember that any accessory building larger than 200 square feet will require a building plan review and permit, as will any electrical, plumbing, or mechanical work regardless of the structure's size.