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