Laserfiche WebLink
<br />compliance shall be established by submission of documentation pursuant to <br /> <br />regulations to be promulgated by the City Commission. <br /> <br />(b) It shall be presumed that the subdivision of a hotel or motel results in a change <br /> <br />of use to non-hotel or non-motel use. This presumption may be rebutted <br /> <br />administratively at a public hearing. An application to rebut shall be filed for <br /> <br />public hearing before the City Commission. The presumption shall be <br /> <br />rebutted whenever such an applicant shall establish at public hearing that the <br /> <br />property will continue to be utilized as a hotel or motel. In civil proceedings <br /> <br />the presumption of change of use shall shift the burden of proof on this issue <br /> <br />to the party against whom it operates; and in criminal proceedings the <br /> <br />presumption shall constitute prima facie evidence of a change in use. <br /> <br />(c) The presumption established by this subsection shall not go into effect for a <br /> <br />hotel or motel if: I) prior to June 6, 1984, units in the hotel or motel have <br /> <br />been offered to the public for sale, conveyance, lease, or sublease which <br /> <br />would result in a subdivision; 2) an application to rebut is filed pursuant to <br /> <br />this subsection within sixty (60) days after June 15, 1984; and 3) said <br /> <br />application is approved. For a hotel or motel which may qualify pursuant to <br /> <br />this paragraph, no presumption shall go into effect until the later of the <br /> <br />expiration of said sixty-day period without the filing of an application to <br /> <br />rebut, or a final determination that the applicant has failed to rebut the <br /> <br />presumption. Section 33-226 will not apply to any development order issued <br /> <br />by the City Commission after the enactment of this Ordinance. <br /> <br />Page 29 of 36 <br /> <br />02001- 2nd Rdg MU-R District <br />5/30/01 - 9:51 AM <br />