(a) Authorizing Use, Occupancy, or Sale Before Completion of Development Under Conditional Use Permits.
(1) In cases when, because of weather conditions or other factors beyond the control of the conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all the requirements of this Planning and Zoning Code before commencing the intended use of the property or selling lots in a subdivision, the Planning Commission may authorize the commencement of the intended use or the sale of subdivision lots (insofar as the requirements of this Planning and Zoning Code are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Planning Commission to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).
(2) When the Planning Commission imposes additional requirements upon the permit recipient in accordance with Section 1141.02 or when the developer proposes in the plans submitted to install amenities beyond those required by this Planning and Zoning Code, the Planning Commission may authorize the permittee to commence the intended use of the property or to sell any subdivision lots 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:
A. A performance bond, irrevocable letter of credit or other security satisfactory to the Planning Commission is furnished;
B. 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;
(3) With respect to subdivisions in which the developer is selling only undeveloped lots, the Council may authorize final plat approval and the sale of lots before all requirements of this Planning and Zoning Code are fulfilled if the subdivider provides a performance bond or other security satisfactory to the City’s Finance Director to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval.
(b) Completing Developments in Phases.
(1) If a development is constructed in phases or stages subsection (a) of this section shall apply to each phase as if it were the entire development.
(2) As a prerequisite to taking advantage of the provisions this section, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Planning and Zoning Code that will be satisfied with respect to each phase or stage.
(3) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of the developer’s application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:
A. If the improvement is one required by this Planning and Zoning Code, then the developer may utilize the provisions of subsection (a)(1) or (3) hereof.
B. If the improvement is an amenity not required by this Planning and Zoning Code or is provided in response to a condition imposed by the Planning Commission, then the developer may utilize the provisions of subsection (a)(2) hereof.
(c) Expiration of Permits.
(1) Zoning and conditional use permits shall expire automatically if, within one year after the issuance of such permits:
A. The use authorized by such permits has not commenced; in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or,
B. Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.
(2) If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of subsection (d) hereof.
(3) The permit-issuing authority may extend for a period up to six (6) months the date when a permit would otherwise expire pursuant to subsections (c)(1) or (2) of this Section if the issuing authority concludes that:
A. The permit has not yet expired; and
B. The permit recipient has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted by the Zoning Administrator without resort to the formal processes and fees required for a new permit.
(4) For purposes of this Section, the permit within the jurisdiction of the Council or the Board of Zoning Appeals is issued when the permit is signed under the authority of the issuing body by the Zoning Administrator.
(5) Notwithstanding any of the provisions of Chapter 1129, this Section shall be applicable to permits issued prior to the effective date of this Planning and Zoning Code.
(d) Effect of Permit on Successors and Assigns. Zoning and conditional-use permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable, unless otherwise specifically designated nontransferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:
(1) No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and
(2) The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes for which the permit was issued, unless otherwise restricted by the terms of the permit, other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection (d)(3) of this Section) of the existence of the permit at the time they acquired their interest.
(3) Whenever a conditional-use permit is issued to authorize development (other than single-family or two-family dwellings) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the Henry County Registry and indexed under the record owner's name as grantor, recording fee to be at the expense of the recipient.
(e) Amendments to and Modifications of Permits.
(1) Insignificant deviations from the permits and minor design modifications issued or authorized by the permit-issuing authority are permissible by approval of the Zoning Administrator. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(2) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Council or the Planning Commission, new conditions may be imposed in accordance with this Planning and Zoning Code, but the applicant retains the right to reject such additional conditions by withdrawing the request for an amendment and may then proceed in accordance with the previously issued permit.
(3) The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (e)(1) and (2) of this Section.
(4) A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
(Ord. 074-10. Passed 12-20-10.)