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make such deposit within the prescribed time frame shall result in <br /> zoning approval being declared null and void. <br /> [ii] Minimum setback of 30 feet requires a fee payment of$500,000.00, <br /> per eligible parcel. A nonrefundable deposit payment of 10% of the <br /> required fee, which shall be paid within three (3) working days of the <br /> date of City Commission approval of the site plan approved under this <br /> section for optional design flexibility setback. Failure to make such <br /> deposit within the prescribed time frame shall result in zoning approval <br /> being declared null and void. <br /> Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is <br /> declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br /> be affected by such invalidity. <br /> Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict <br /> herewith be, and the same, are hereby repealed <br /> Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby <br /> ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny <br /> Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to <br /> accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other <br /> appropriate word. <br /> Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on <br /> second reading. <br /> PASSED and ADOPTED on First Reading the 1v day of ,Z0.4-41pp,( , 2014. <br /> PASSED and ADOPTED on Second Reading this d.., offpt.si u hity , 2015. <br /> • <br /> George . Scholl, Mayor <br /> ,ATTEST: <br /> k <br /> Jane A. Ines,MMC, City Clerk <br /> Deposit requirements—Art and Design flexibility Page 2 of 3 <br />