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1. What is public right-of-way and why do we need it?

The public right-of-way refers to the land area dedicated to public use, typically for pedestrian and vehicular movement. The public right-of-way is controlled and generally maintained by a public agency, such as the City, County, State, or Federal government. Public rights-of-way can include:

• Alleys
• Drainage facilities
• Landscaping
• Lighting
• Paths
• Sidewalks
• Streets
• Other utilities and infrastructures

2. What is the parkway?

The parkway is the portion of the public right-of-way between the curb or edge of street pavement and the property boundary of the adjacent private property. Landowners are required to maintain the parkway, including sidewalks and landscaping, located adjacent to their property. This area often includes:

• Landscaped areas
• Paths
• Sidewalks
• Street trees
• Other public infrastructure such as water and sewer lines and utility lines, such as electric, telephone, and cable

3. Who is responsible for maintaining the parkway?

Landowners are required to maintain the parkway, including sidewalks and landscaping, located adjacent to their property. The parkway is the portion of the public right-of-way between the curb or edge of street pavement and the property boundary of the adjacent private property. The parkway often includes:

• Landscaped areas
• Paths
• Sidewalks
• Street trees
• Other public infrastructures such as water and sewer lines and utility lines, such as electric, telephone, and cable

4. What is an easement and why is it necessary?

Generally, easements establish a portion of private property where someone other than the landowner has legal property rights. Utility easements provide space for utilities such as water, sewer, electricity, and cable. Drainage easements allow water to flow to an area designated for detention. 

Access easements allow public access across or to a particular area. No structures are allowed to be built over an easement, including swimming pools. For easement locations on a particular property, call the Planning Department at 325-676-6237.

5. What do I need to do to build a carport in front of my house?

If there is not enough space in front of the house to build a carport and comply with current setback regulations, the homeowner can request a special exception from the Board of Adjustment. Special exceptions are granted based primarily on compatibility with surrounding land uses. View the Glossary page for more information and to apply.

6. Where can I build a fence and what other requirements apply?

Please review the Fences, Walls, and Hedges in Residential Areas (PDF) for more information.

7. How close to my property line can I build a shed or other accessory building?

Please call 325-676-6237 for more information.

8. Can I run a business out of my home?

Please review the Home Occupations Brochure (PDF) for more information.

9. Where do I find information on setbacks for my property?

Setbacks vary depending on zoning, street classification, and the surrounding zoning districts. Information on individual properties must be obtained from the Planning Department. Please call 325-676-6237.

10. What if there is no way for me to meet the setback requirements for my property?

If all options have been explored and there are no feasible alternatives within the regulations of the ordinance, a property owner can request a variance from the Board of Adjustment. They must demonstrate that the request has no negative effects on public health, safety, or welfare and that there is some unique characteristic of the property that does not allow compliance with the current regulations. The property owner must also demonstrate a non-financial hardship if they were not granted a variance to the regulations.

11. When do I need to apply for a building permit?

Building permits are required for any structures that will have electricity. If there is no electricity, a permit is only required if the building will be over 200 square feet. Building permits are not required for fences 7 feet or less in height or decks lower than 30 inches in height. 

Building permits can be obtained from the Development Service Center on the first floor of City Hall. Contact Building Inspections for specific details. Also, see the Fences, Walls, and Hedges in Residential Areas (PDF) for details on fencing requirements.

12. When is a plat required?

Please review the Plat Handout (PDF) for more information.

13. When is a site plan required?

Site plans are required for all new structures except detached single-family dwellings and duplexes. Additions to do not require site plan review if they are attached and less than 50 percent of the value and square footage of the existing structure. Review the Site Plan Application and Checklist (PDF) for more information.

14. What are the rules for holding a garage sale?

Garage sales are only permitted in residential districts and are subject to the following guidelines:

• It is unlawful for any individual to sell or offer for sale, at a garage sale, property other than personal property.
• No more than one garage sale shall be allowed on the same lot during any three month period.
• The garage sale must not last more than the daylight hours of three consecutive days.
• Personal property for sale may be displayed only within the residence, in an accessory building, and/or in a rear yard or in a driveway. No personal property shall be displayed in any public right-of-way.
• The individual(s) hosting the garage sale shall be responsible for maintaining order on the premises and ensuring that vehicles do not impede traffic on the adjacent street throughout the sale.
• There shall be no continuous outdoor storage or storage of supplies, equipment, or stock in trade on the premises.

Garage Sale Signs

• Garage sale signs may not be larger than 2 square feet.
• Garage sale signs may only be located on the property on which the sale is being conducted.
• There shall be no more than one sign per street frontage.
• Garage sale signs are not permitted on utility poles.
• Garage sale signs are considered temporary and must be removed by the individual(s) hosting the sale immediately after the conclusion of the garage sale.

15. When is an Itinerant Business Permit required?

An Itinerant Business Permit is required:

• For the establishment of any business on a temporary basis where the business does not occur in a permanent structure
• For a business taking place in a structure for which a temporary permit has been obtained
• In association with another temporary use such as a carnival, fair, parade or festival.

A permit is not required for garage sales in residential zoning districts, businesses that are operated or owned by the same person or entity that owns the property, or businesses that hold a lease term on the property of at least one year. For more information on Itinerant Businesses visit our Applications page. For more information, call the City of Abilene Planning Division at 325-676-6237.