The ordinance codified in this chapter shall govern the construction, alterations, modifications and maintenance of fences, as defined, within the city of Havana. Every fence constructed, erected, altered, replaced or enlarged after the effective date hereof shall comply with the provisions of this chapter. Any fence existing as of the effective date hereof, shall be allowed to continue as lawful, nonconforming fences so long as they are maintained.

(Ord. No. 1345, § 3, 5-1-12)

A permit shall be required for all fences, as defined. A permit is not required for nonpermanent landscaping, construction or snow fencing, or fencing that is easily removable. Each permit application shall include a sketch showing adjoining lot lines, existing fences and existing structures.

(Ord. No. 1345, § 4, 5-1-12)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

"Chain link" means all such chain link fences shall be of at least #9 gauge wire.

"Corner lot" means a lot situated at the intersection of two or more streets or bounded on two or more adjacent sides by street lines.

"Fence" means any structure, partition or enclosure, of wood, iron, metal, masonry and plant materials erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as ornamental gate,) or to screen the view from the adjoining properties and streets, materials stored and the operations conducted behind it. Brushes, hedges and other organic configurations shall be regulated as a fence if used as an enclosing structure or barrier, but shall not be restricted in height unless such height creates a hazard or a nuisance.

"Front yard" means an area extending across the full width of the lot between the side lot lines, the depth of which shall be the minimum horizontal distance from the front line of the lot to the nearest line of the main building.

"Height" means the maximum height of a fence in a front yard shall be forty-eight inches. The maximum height of a fence in a rear yard shall be seventy-two inches in R-1, R-2. Where C-1, C-2, M-1 and M-2 abut any R-1 or R-2 district the maximum fence height shall be ninety-six inches.

"Lot" means land occupied or to be occupied by a use, building or a unit of buildings and accessory buildings and uses, together with such yards, open spaces, lot width and area having its principal frontage on a street.

"Rear yard" means an area extending across the full width of the lot line between the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the real lot line to the nearest part of the main building.

"Setback" means the minimum horizontal distance between the street or the walls of the building and the street line.

"Side lot" means an area between the main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side yard lot line to the nearest part of the main building.

(Ord. No. 1345, § 5, 5-1-12)

Fences abutting an alley shall remain five feet from the edge of the alley.

(Ord. No. 1345, § 6, 5-1-12)

A.

All fences erected after the effective date of the ordinance codified in this chapter:

1.

Shall be designed and constructed so as to be compatible with its environment and surrounding properties from an architectural and aesthetic standpoint.

2.

Shall be constructed with the finished side, smooth or decorative side facing toward the adjoining properties, street or alley.

3.

Shall be constructed with the posts and supporting beams facing the fence owner's property.

4.

Shall be of uniform design and type shall be maintained along the entire span.

5.

Shall be structurally sound and be capable of carrying loads imposed upon them.

6.

Shall be designed and constructed to resist a horizontal wind load of thirty-five pounds per square foot in addition to any other forces to which it may be subjected.

B.

No fence shall be of such architectural design or construction that the same is manifestly inferior or is so radically different as to impair the marketability or property values of the existing property in the immediate vicinity.

C.

Postholes for fences shall be no less than three feet in the ground.

(Ord. No. 1345, § 7, 5-1-12)

A.

No fence shall be constructed from materials obviously intended to inflict bodily harm should a person or animal attempt to climb or scale it. Such material includes, but not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.

B.

No barbed wire or barbed wire fences shall be allowed on private property in the R-1 or R-2 zoning districts or on lots in any district used for single or multiple family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial where the property lines of such property abuts lots or parcels being used or intended for R-1 or R-2 purposes or on fences in front yards.

C.

Barbed or razor wire, or similar devices, shall only be allowed in industrial districts upon receipt of special request, provided they meet the standards set forth in previous provisions of this chapter.

(Ord. No. 1345, § 8, 5-1-12)

Electric fences are prohibited within the city limits.

(Ord. No. 1345, § 3, 5-1-12)

Private swimming pools, hot tubs and spas, containing water more than twenty-four inches in depth shall be completely surrounded by a fence or barrier at least forty-eight inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four inches (one thousand three hundred seventy-two millimeters) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (one hundred fifty-two millimeters) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

(Ord. No. 1345, § 10, 5-1-12)

All fences shall be maintained in good, structurally sound repair and in neat, clean, presentable condition. If, on inspection by the zoning administrator, any fence in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed within seven days of the receipt of such notice. If an adjoining property owner will not allow ingress or egress for the purpose of maintaining the fence, then the responsibility for repair and maintenance of that portion of the fence shall transfer to that adjacent owner, and he shall be liable the same as the fence owner.

(Ord. No. 1345, § 11, 5-1-12)

No fence or wall of shrubbery may be erected or maintained so as to impede natural storm water runoff, interfere with drainage of contiguous properties or cause nuisance ponding, flooding, or retention.

(Ord. No. 1345, § 12, 5-1-12)

Permit fees shall be as set forth in Section 17.16.050 of the Code of Ordinances.

(Ord. No. 1345, § 13, 5-1-12)

The city may seek enforcement of this chapter pursuant to Section 17.16.060 of the Code of Ordinances.

(Ord. No. 1345, § 14, 5-1-12)

An applicant may apply to construct or erect a fence outside the restrictions imposed by this chapter by applying for a variance, which procedure shall be governed by Chapter 17.20 and Sections 17.24.020—17.240.050 of the Code of Ordinances of the city of Havana.

(Ord. No. 1345, § 15, 5-1-12)

In addition to any other remedies available to the city hereunder, any person or entity violating any provision of this chapter shall be subject to fine which shall not be less than two hundred fifty dollars nor more than seven hundred fifty dollars, and each day that such a violation exists shall be deemed a separate and distinct violation.

(Ord. No. 1345, § 16, 5-1-12)