Ordinance 2004-215 - Laserfiche WebLink

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(4) Open Soace. Any area of land and lor water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, buffer yards, landscaped yard areas and common landscaped areas. Open space shall not include submerged areas below the eontfol 'llater elevation (exellisive of wetland areas)or areas covered with buildings, parking areas driveways and other paved areas not associated with pedestrian use and recreational activities. Section 2. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 4. Effective Date: This Ordinance shall be effective ten days after adoption on second reading. PASSED and ADOPTED on First Reading the ~ day of ~, , 2004. PASSED and ADOPTED on Second Reading this ~:l~y of ~ ' 2004. ~ . orman S. Edelcup, Mayor .ATTEST: / .. ....) '", J , . . '~;J~ j;j~ . -Jane A. Hines, Ci.tY-,Clerk . . APPROVED AS TO FORM AND LEGAL SUFFICIENCY U:\legislation\Ordinances\2004\DraftAmending Sec. 265.5 ofLDR to include Submerged Land. doc