§ 154.23 FENCES AND WALLS.
   (A)   All fences, gates, walls, or posts must be contained on-site, but may be constructed up to the property line except where prohibited below. The height of a fence or wall is measured from the finished ground elevation, not the footer, to the top of the fence or wall. The finished ground elevation shall extend a distance of at least one foot on either side of a wall or up to the property line as determined by staff. The top of a wall footer shall be buried a minimum of six inches below the finished ground elevation and not placed beyond the property line. The post, column, or like features may not exceed two feet above the top of the fence or wall. Posts of fencing shall be positioned inward of the property where applicable (i.e. for wood panel fencing, the slats attached to the rail would face outward and the posts would be placed inward).
      (1)   Residential Districts. Fences and walls may be permitted provided that no fence or wall shall be erected within 20 feet of a corner intersection of street rights-of-way nor shall any fence or wall be erected within the front or street side setbacks, except for decorative fences or walls which shall not exceed six feet in height (see § 154.09 Definitions "FENCE AND WALL, DECORATIVE"). Fences or walls located within the front yard or street side setbacks shall be limited to a maximum height of six feet, except as allowed in this code within the Lake Mary Boulevard Gateway Corridor (§ 158.10). A fence or wall shall be limited to a maximum height of eight feet in the rear and side yards. No electrically charged wire, nor any ribbon, barbed, or other security fences shall be erected in any residential district. Property with a combination of Rural Country Estate (RCE) zoning and Rural Residential (RR) future land use designation may utilize vinyl coated (black or green) chain-link fencing material within the front yard setback and to a maximum of six feet.
      (2)   Non-residential districts. Fences or walls located within front yard or street side setbacks must not interfere with the line-of-sight analysis for purposes of public health and safety and shall be limited to a maximum height of six feet, except as allowed in this code within the Lake Mary Boulevard Gateway Corridor (§ 158.10). A fence or wall shall be limited to a maximum height of eight feet in the rear and side yards. Electrically charged wire, ribbon, barbed wire, or other security fence may only be erected in industrial zoned districts, provided that such use is limited to three strands, a minimum of six feet above the ground.
      (3)   Public utilities. A fence or wall shall be limited to a maximum height of ten feet within any setback. Electrically charged wire, ribbon, barbed wire, or other security fence shall be limited to three strands, a minimum of six feet above the ground.
      (4)   Government owned lands. Government units owning lands such as property owned and exclusively used by any local, state, and federal governmental units, and including but not limited to parks, open space areas, preserves and other facilities, may not construct any fence or wall until after first obtaining approval from the Development Review Committee (DRC). That approval shall be based on, among other things, design criteria, materials, height, appearance and safety considerations.
      (5)   Maintenance.
         (a)   All fences and walls shall be maintained in their original upright condition.
         (b)   Fences and walls designed for painting or similar surface finishes shall be maintained in their original condition as designed.
         (c)   Missing, severely damaged or rotted boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.
      (6)   Wall materials.
         (a)   All freestanding walls must be constructed of a permanent, low maintenance finish such as patterned concrete, rock-salted concrete, split face block, ribbed concrete, stone, or brick.
         (b)   Purpose and intent. This material requirement applies to residential and non-residential areas, and any wall or screening structure not specifically addressed by other provisions of this Code (see Retaining walls (154.20(A)); Wall as a visual screen (157.04); Dumpster Enclosures (157.06(A)); and Walls within the Gateway Corridor Overlay Standards (158.10).
   (B)   Permit required. All fences and walls must obtain an approved building permit prior to construction and/or installation.
(Ord. 1076, passed 10-3-02; Am. Ord. 1147, passed 10-7-04; Am. Ord. 1505, passed 5-1-14)