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<br />burden of proof on this issue to the party against whom it operates; <br />and in criminal proceedings the presumption shall constitute prima <br />facie evidence of a change in use. <br /> <br />c) The presumption established by this subsection shall not go into <br />effect for a hotel or motel if: 1) prior to June 6, 1984, units in the <br />hotel or motel have been offered to the public for sale, conveyance, <br />lease, or sublease which would result in a subdivision; 2) an <br />application to rebut is filed pursuant to this subsection within sixty <br />(60) days after June 15, 1984; and 3) said application is approved. <br />For a hotel or motel which may qualify pursuant to this paragraph, <br />no presumption shall go into effect until the later of the expiration <br />of said sixty-day period without the filing of an application to <br />rebut, or a final determination that the applicant has failed to rebut <br />the presumption. This Section will not apply to any development <br />or application for development order issued by the City <br />Commission after the enactment of this Ordinance. <br /> <br />d) This section shall not apply to any units or other components of a <br />subdivided property which were sold, conveyed, leased, or <br />sublease to the public in bona fide transactions by the subdivider <br />prior to June 15, 1984 nor to any units or components so <br />transferred after June 15, 1984 pursuant to a bona fide contact with <br />the transferee entered into before June 15, 1984. The term "bona <br />fide" shall mean for a valid business purpose other than avoiding <br />the applicability of this section. Except as otherwise specifically <br />provided herein all provisions of this section shall be applicable to <br />all hotel or motel property undergoing subdivision after June 15, <br />1984 regardless of whether there was any prior subdivision thereof <br />Nothing contained in this section shall prevent the City from taking <br />any and all enforcement actions authorized by the City's building <br />and zoning regulations, independent of this section. <br /> <br />e) This section shall not apply to applications for development, public <br />hearings or properties that have not received Certificates of <br />Occupancy after the enactment of this Ordinance. <br /> <br />(m) Parking Garage I Rooftop Open Space: The roof of every parking garage <br />shall be landscaped or improved for active or passive recreational and open <br />space use in accordance with design standards of Chapter 1001, Landscaping <br />Requirements, A maximum of 5% percent of the total required on-site parking <br />spaces will be permitted to be located on open rooftops provided such parking <br />shall be screened from upper level views through the use of canopies or <br />landscaped trellis structures. For parking structures which fall within a VE zone <br />and exceed 20 feet above grade, that portion of the garage structure shall not be <br />counted against the permitted floor area ratio or setback, provide that the garage <br />portion which exceeds 20 feet above grade is located behind the building front <br />setback or is located within the footprint of the principal building. <br /> <br />City of Sunny Isles Beach-Land Development Regulations <br />Adopted December 10, 2002 <br /> <br />ZONING DISTRICTS 700 - 29 <br />