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<br />(I) Subdivision of Hotels and Motels <br /> <br />(1) Definitions. <br /> <br />a) For the purposes of this section the term "subdivision of a hotel or <br />motel" shall mean the sale, conveyance, or long-term lease or <br />sublease (for more than six (6) months) of five percent (5%) or <br />more of the units in a hotel or motel by the same seller, lessor or <br />sublessor. This definition is not applicable to the transfer of an <br />entire hotel or motel to the same transferee. <br /> <br />b) For purposes of this section the term "subdivided property" shall <br />mean all hotel or motel units and all other components of any <br />subdivided hotel or motel. <br /> <br />(2) The subdivision of a hotel or motel may be permitted for only those <br />properties constructed prior to 1984, and, provided however, should <br />the property be converted to an apartment hotel and/or apartment <br />(muhifamily residential unit) the minimum and average unit size shall <br />be in accordance with Section 703.8.4(k) and parking, density and all <br />other zoning requirements shall be met. Any person or entity who <br />intends to subdivide a hotel or motel shall deliver written notice of said <br />intended subdivision to the City on or before the earlier of either <br />offering to enter into or entering into any agreement or contract for <br />sale, conveyance, lease, or sublease which would result in a <br />subdivision. <br /> <br />a) If there shall be a subdivision of any hotel or, no permit, certificate <br />of use and occupancy or any other governmental approval shall be <br />issued or granted except in emergencies for any subdivided <br />property, unless and until the owner shall demonstrate to the City <br />that the subdivided property shall continue to comply with all the <br />provisions and regulations of this chapter and any resolutions <br />adopted pursuant hereto. The procedure for demonstrating such <br />compliance shall be established by submission of documentation <br />pursuant to regulations to be promulgated by the City Commission. <br /> <br />b) It shall be presumed that the subdivision of a hotel or motel results <br />in a change of use to non-hotel or non-motel use. This <br />presumption may be rebutted administratively at a public hearing. <br />An application to rebut shall be filed for public hearing before the <br />City Commission. The presumption shall be rebutted whenever <br />such an applicant shall establish at public hearing that the property <br />will continue to be utilized as a hotel or motel. In civil <br />proceedings the presumption of change of use shall shift the <br />city of Sunny Isles Beach-Land Development Regulations ZONING DISTRICTS 700 - 28 <br />Adopted December 10,2002 <br />