(A) In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of the UDO before commencing the intended use of the property or occupying any buildings, the Zoning Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of the UDO are concerned) if the permit recipient provides an adequately secured performance bond valued at 110% of the total cost of required improvements, or other security satisfactory to the Zoning Administrator, to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). The proposed performance bond and security shall be reviewed and approved by the city, however, prior to the Zoning Administrator authorizing the intended use or occupancy.
(B) When the Zoning Administrator imposes additional requirements upon the zoning permit recipient, or the BOA imposes additional requirements upon the special use permit recipient, in accordance with § 153.13 or when the developer proposes in the plans submitted to install amenities beyond those required by the UDO, the Zoning Administrator or BOA (as applicable to the specific permit) may authorize the permittee to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:
(1) A performance bond and security satisfactory to the city is furnished;
(2) A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient’s compliance will be reviewed when application for renewal is made; or
(3) The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Chapter 162.
(Ord. passed 7-25-2011)