A. A holder of a special use permit granted under this chapter shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the city and other governmental entity or agency having jurisdiction over the applicant.

B. Within ten (10) calendar days from the issuance of a special use permit, the holder shall file with the planning director a written indemnification of the city and proof of liability insurance or financial ability to respond to claims up to one million dollars ($1,000,000) in the aggregate which may arise from operation of the facility during its life. The city will not bear any cost for the holder’s required insurance. Proof of insurance must be maintained throughout the life of the tall structure.

C. A special use permit will become void six (6) months after its effective date if no substantial construction progress has been made. A new application must be submitted for a voided permit, including new payment of any required fees, and a new permit obtained. No permit may be renewed more than once. The maximum duration of permit and one renewal shall be twelve (12) months from the date of issuance of the original permit.

D. Upon an application submitted at least thirty (30) days before the expiration of an existing special use permit, the planning commission shall hold a hearing to consider whether the permit should be extended. Notice of said hearing will be provided in accordance with the procedures set out in BMC 16.10.140(D). At the hearing, the burden of proof for the justification for a permit extension shall rest with the applicant. Upon written findings that such burden has been met, the planning commission may grant an extension the maximum duration of which shall not exceed twelve (12) months. The planning commission may not delete from, amend or add to the conditions contained in the original permit. Upon written findings that the applicant’s burden has not been met, or that the conditions contained in the permit should be changed, or both, the commission shall deny the application whereupon the permit shall be voided.

E. The property owner and the permittee shall be responsible for maintaining all aspects of the operation, improvements, development, and site in compliance with the terms and conditions of the permit and all applicable local, state and federal requirements.

F. The holder of a special use permit shall notify the city of any intended modification of a tall structure and shall apply to the planning director prior to modifying, relocating or rebuilding any tall structure.

G. Following prior written notice to the applicant and a hearing on the matter, special use permits may be revoked, canceled or terminated for a violation of the conditions and provisions of the special use permit for tall structures or for a material violation of this chapter. [Ord. 15-27 § 3.]