(A) Whenever an application is received by the city for an initial business license, business license, site plan approval, rezoning, change of use, occupancy permit, temporary occupancy permit, variance or zoning amendment for a parcel of land subject to this subchapter, the Building Department, Planning Commission or Zoning Board of Appeals may issue the requested permit prior to completion of improvements required by this subchapter upon a showing of undue hardship or unusual difficulty; provided, however, that in order to ensure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, the permittee be required to furnish a cash, performance or surety bond executed by a reputable surety company authorized to do business in the State of Michigan, or irrevocable letter of credit, in an amount determined by the Board of Zoning Appeals or the city’s Planning Commission or the Building Department to be reasonably necessary to ensure compliance hereunder; provided, however, that in fixing the amount of the cash, performance, surety bond or irrevocable letter of credit, the Board of Zoning Appeals or city’s Planning Commission or the Building Department shall take into account the size and scope of the proposed improvement project current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding application.
(B) The performance guarantee shall be deposited with the City Clerk at the time of the issuance of the permit authorizing the activity or project. The city may not require the deposit of the performance guarantee prior to the time when the city is prepared to issue the permit.
(C) The city shall establish procedures whereby a rebate of any cash deposits, in reasonable proportion to the ratio of work completed on the required improvements, will be made as work progresses.
(Prior Code, § 26-152) (Ord. 91-1, passed 2-21-1991)