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ORDINANCE 2012-024 1. Is necessary to maintain an allowable agricultural use (e.g. horse pasture); and 2. Abuts a residentially zoned property that has a lot area of at least 40,000 square feet, or is physically separated from abutting residentially zoned property by a ditch/canal, heavily vegetated area, wall, or similar structure. (FE) Use of easements; removal agreement. "aminhg*u„*;•. Staff approval. No fence or wall shall be built in a utility or drainage easement without prior .,a.,. inist-Fat ve staff level approval from the planning division. Upon request for such .,ari,;.,;st-r- i.ve staff level approval, the division shall contact all present or intended users of the easement within which a fence approval has been requested to determine if the construction of such fence or wall conflicts with use of the easement. Based upon this information, the division may approve, deny or approve with conditions any requests. 2. Application and fee. Request for administrative approval shall require the applicant to submit an application and fee to the planning division. The application shall be available from the planning division. The fee will be established by the board of county commissioners. 3. Removal agreement. No fence or wall shall be approved for construction in a drainage or utility easement unless the owner of the underlying fee property shall first execute a removal agreement to be recorded in the public records, providing for preservation of the use of the easement. The removal agreement shall be in the nature of a covenant running with the land in favor of the parties to whom the easements have been dedicated. The covenant shall bind the owner and all successors to bear the expense of any removal or alterations of the fence or wall if such removal or alterations are determined necessary to make use of the easement, and the covenant shall provide a hold harmless clause applicable to the county or any other entity removing the fence or wall, pursuant to terms of the agreement, in order to make lawful use of the easement. The cost of recording the covenant shall be borne by the applicant. SECTION 93: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. Bold Underline: Additions to Ordinance 8 Str-ike h: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-024 912 and 917 fencesandwalls .doc