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Clear Lake City Zoning Code

165.36 FENCE

WALL AND HEDGE REQUIREMENTS.

1.   Location and Height.
2.   Fences, walls and hedges, when located within the limits of a front, side or rear yard or within five (5) feet of a lot line, shall be subject to the following location and height requirements:
   A.   No portion of a fence or wall shall exceed six (6) feet in total height.
   B.   Fences, walls and hedges shall be located so no part thereof is within five (5) feet of an alley or a street right-of-way line.
   C.   In the case of retaining walls supporting embankments, this section’s requirements shall apply only to that part of the wall above the ground surface of the retained embankment.
   D.   At street intersections, no fence, wall or hedge more than three (3) feet in height above the elevation of the established curb level shall be located within a (sight) triangular area, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection (Figure 1).  All planting shall be maintained such that they will not obstruct the view of drivers of vehicles approaching the street intersections.
   E.   In R Zones or within 50 feet of an R Zone along the same frontage, fences or walls within the front yard shall not exceed four (4) feet in height and be at least 65 percent open.  Fences or walls may be constructed within a front yard abutting an expressway or major thoroughfare to a height not exceeding six (6) feet total when:
      (1)   The front yard is within a double frontage lot.
      (2)   The front yard is within a corner lot and abuts the front yard of a double frontage lot.
   F.   In the LR Zone, in addition to the above requirements, fences, walls and hedges shall be placed no closer to the lakeshore line than the rear building line, with the exception of walls used for embankment purposes along the lakeshore line.  The height of such wall shall not exceed the average grade of the rear yard.
3.   Enclosures.  Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of 18 inches or more and for dog runs and shall be subject to the following requirements:
   A.   An outdoor swimming pool, the edge of which is less than four (4) feet above grade, shall be completely enclosed by a fence not less than four (4) feet in height.  The fence shall be so constructed as not to allow a five (5) inch diameter sphere to pass through the fence.  A principal or an accessory building may be used as part of such enclosure.
   B.   All gates or doors opening through an enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped.  The Building Official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded herein.
   C.   Dog runs shall be enclosed by a fence of sufficient height and construction to contain the dog at all times.
4.   Barbed Wire and Electric Fences.  Barbed wire and electric fences shall be subject to the following requirements.
   A.   Barbed wire shall consist of twisted wires with barbs on each wire a minimum distance of four (4) inches apart.  Concertina wire shall be prohibited.
   B.   Except for the enclosure of livestock operations, barbed wire fences shall be permitted only in the C, I or OBP Zones, provided that the bottom strand of barbed wire shall not be less than six (6) feet total above grade.
   C.   Except for the enclosure of livestock operations, electric fences shall not be permitted in any zones.
   D.   No electric fence shall carry a charge greater than 25 milliamperes or a pulsating current longer than one-tenth (1/10) second in a one (1) second cycle.  All electric fence charges shall carry the seal of an approved testing laboratory.
   E.   Barbed wire and electric fences are prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right-of-way line where a public sidewalk does not exist.  In the latter case, however, either fence may be erected or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk.  Said agreement shall be processed with the application for a permit.
5.   Permit Required.  It is unlawful to erect or construct or cause to be erected or constructed any electric or barbed wire fence or any fence over six (6) feet in height without obtaining a permit.  All applications for fence permits shall be submitted to the Building Official and shall be accompanied by a sketch or design of the proposed fence and a plot plan showing the location of the proposed fence.