Reso 2026-3963 - Laserfiche WebLink

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demonstrate to the City that the subdivided property shall continue to comply with all the provisions and regulations of this chapter and any resolutions adopted pursuant hereto. The procedure for demonstrating such compliance shall be established by submission of documentation pursuant to regulations to be promulgated by the City Commission. [2] It shall be presumed that the subdivision of a hotel or motel results in a change of use to nonhotel or nonmotel use. This presumption may be rebutted administratively at a public hearing. An application to rebut shall be filed for public hearing before the City Commission. The presumption shall be rebutted whenever such an applicant shall establish at public hearing that the property will continue to be utilized as a hotel or motel. In civil proceedings the presumption of change of use shall shift the burden of proof on this issue to the party against whom it operates; and in criminal proceedings the presumption shall constitute prima facie evidence of a change in use. [3] The presumption established by this subsection shall not go into effect for a hotel or motel if. prior to June 6, 1984, units in the hotel or motel have been offered to the public for sale, conveyance, lease, or sublease which would result in a subdivision; an application to rebut is filed pursuant to this subsection within 60 days after June 15, 1984; and said application is approved. For a hotel or motel which may qualify pursuant to this subsection, no presumption shall go into effect until the later of the expiration of said 60-day period without the filing of an application to rebut, or a final determination that the applicant has failed to rebut the presumption. This section will not apply to any development or application for development order issued by the City Commission after the enactment of this chapter. [4] This section shall not apply to any units or other components of a subdivided property which were sold, conveyed, leased, or sublease to the public in bona fide transactions by the subdivider prior to June 15, 1984, nor to any units or components so transferred after June 15, 1984, pursuant to a bona fide contract with the transferee entered into before June 15, 1984. The term "bona fide" shall mean for a valid business purpose other than avoiding the applicability of this section. Except as otherwise specifically provided herein all provisions of this section shall be applicable to all hotel or motel property undergoing subdivision after June 15, 1984, regardless of whether there was any prior. subdivision thereof. Nothing contained in this section shall prevent the City from taking any and all enforcement actions authorized by the City's Building and Zoning Regulations, independent of this section. [5] This section shall not apply to applications for development, public hearings or properties that have not received certificates of occupancy after the enactment of this chapter. (13) 621