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<br />(b) The subdivision of a hotel or motel may be permitted only for properties <br /> <br />located east of Collins Avenue provided however, should the facility <br /> <br />convert to apartment hotel and/or apartment (multifamily residential unit) <br /> <br />the minimum and average unit size shall be in accordance with 33- <br /> <br />222.1(1)(a) and parking, density and all other zoning requirements for the <br /> <br />underlying district shall be met. Any person or entity who intends to <br /> <br />subdivides a hotel or motel shall deliver written notice of said intended <br /> <br />subdivision to the City on or before the earlier of either offering to enter <br /> <br />into or entering into any agreement or contract for sale, conveyance, lease, <br /> <br />or sublease which would result in a subdivision. <br /> <br />(c) If there shall be a subdivision of any hotel or motel no permit, certificate <br /> <br />of use and occupancy or any other governmental approval shall be issued <br /> <br />or granted except in emergencies for any subdivided property, unless and <br /> <br />until the owner shall demonstrate to the City that the subdivided property <br /> <br />shall continue to comply with all the provisions and regulations of this <br /> <br />chapter and any resolutions adopted pursuant hereto. The procedure for <br /> <br />demonstrating such compliance shall be established by submission of <br /> <br />documentation pursuant to regulations to be promulgated by the City <br /> <br />Commission. <br /> <br />(d) <br /> <br />(1) <br /> <br />It shall be presumed that the subdivision of a hotel or motel results <br /> <br />in a change of use to non-hotel or non-motel use. This <br /> <br />presumption may be rebutted administratively at a public hearing. <br /> <br />An application to rebut shall be filed for public hearing before the <br /> <br />099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. <br />Page 34 of 44 <br />