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zoning applicant is allowed to withdraw its application with prejudice, that application <br /> shall not be resubmitted for reconsideration to the City Commission for a period of one <br /> year after the date the withdrawal with prejudice is granted by the City Commission. In <br /> the event an application in whole or in part has been twice or more denied or withdrawn, <br /> a period of two years must run prior to the filing of any subsequent application. In any <br /> case,the applicant shall bear the costs associated with either the withdrawal or refiling. <br /> *** <br /> Section 3. Severability. The provisions of this Ordinance are declared to be severable and if <br /> any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid <br /> or unconstitutional, such decision shall not affect the validity of the remaining sections, <br /> sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the <br /> legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby <br /> ordained,that the provisions of this Ordinance shall become and be made a part of the code of the <br /> City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or <br /> relettered to accomplish such intentions; and that the word "ordinance" shall be changed to <br /> "section"or other appropriate word, as required. <br /> Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the <br /> same are hereby repealed. <br /> Section 6. Effective Date. This Ordinance shall be effective upon adoption on second <br /> reading. t <br /> PASSED and ADOPTED on first reading the `-44` day of IU b tJe4e it 2012. <br /> PASSED and ADOPTED on second reading the Zd^ day ofr 2QnA 2012. <br /> / <br /> ‘-----7,---- <br /> oila7(/ . <br /> • <br /> orman S. Edelcup, ayor <br /> ATTEST: <br /> ` <br /> ::::::::SL. dF <br /> Jane A. Hines, CMC, City Clerk <br /> APPR I VED AS TO FORM <br /> L_ • SUFFICIENCY: <br /> 1/114 <br /> ,inot, ' ity Attorney <br /> Words added underlined,words stricken deleted(ed) Page 2 of 3 <br />