§ 4-8. Authorizing use or occupancy before completion of development under zoning, conditional use or special use permits.

(A)

In cases when, because of weather conditions or other factors beyond the control of the zoning, special use, or conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this ordinance before commencing the intended use of the property or occupying any buildings, the permit-issuing authority may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides an adequate security such as a cash bond, letter of credit or similar security satisfactory to the permit-issuing authority to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). The proposed security shall be reviewed and approved by the city attorney, however, prior to the permit-issuing authority authorizing the intended use or occupancy.

(B)

When the permit-issuing board imposes additional requirements upon the special use or conditional use permit recipient in accordance with subsection 4-7.8 or when the developer proposes in the plans submitted to install amenities beyond those required by this ordinance, the permit-issuing board 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 attorney 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;

(3)

The nature of the requirements or amenities is such that sufficient assurance of compliance is given by section 5-4 and section 5-6.

(Ord. No. 1-2006, § 6, 1-9-2006)