Subject to the provisions of title 2, chapter 3, "Fort Sheridan Joint Planning Commission", of this code which, where applicable, shall supersede the following, hearings and review hereunder shall not be required to the extent that same have been held pursuant to said title 2, chapter 3 of this code. (Ord. 2003-O-15, 3-18-2003)

   A.   Appointment: The zoning administrator will be appointed by the mayor and confirmed by the city council.

   B.   Powers And Duties; Limitations:

      1.   The zoning administrator shall be responsible for enforcing this title and shall have the power to see that the provisions of this title are properly enforced. However, the zoning administrator has no authority to allow or grant any variation or use or change.

      2.   No building permit will be issued by the building official/code official until the zoning administrator has stated in writing that the building or structure and use of land comply with the regulations of this title. (Ord. 2003-O-15, 3-18-2003)

   A.   Permit Required: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the building official/code official stating that the building or structure and use of land comply with the regulations of this title and all building and health laws and ordinances of the city.

   B.   Approval Or Denial Procedures:

      1.   All applications for permits and amendments thereto for the erection, construction, alteration or repair of buildings or structures located in any business district, or the erection, construction, alteration or repair or any sign in the city, must be approved or denied by the building official/code official within a reasonable time of said application, in writing. All applications for building permits in any business district shall also be approved or denied within a reasonable time, in writing, by the following:

         a.   The zoning administrator.

         b.   The fire chief or his designee.

         c.   The appearance review committee as to the exterior appearance of the said proposed building or structure.

   C.   Plat Required; Record Of Applications: All applications for building permits shall be accompanied by a plat drawn to scale showing the actual dimensions of the lot or lots to be built upon, any easements or licenses, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the city clerk.

   D.   Amendments: This section may be amended pursuant to another ordinance of the city, which ordinance shall serve to repeal or amend this section without further hearing. (Ord. 2003-O-15, 3-18-2003)

   A.   Certificate Required; Approval And Issuance; Records Kept: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance shall be issued only after the building official/code official makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this title and other health and building laws and in accordance with a building permit. Certificates of compliance shall be applied for coincident with the application for building permit and shall be issued within ten (10) days after the erection and alterations of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the city clerk for a period of ten (10) years, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

   B.   Report Of Compliance For Transfers Of Property:

      1.   General Requirements:

         a.   Any transferee receiving any interest in real property (other than a leasehold interest) within the city shall be provided by the transferor, and shall request and obtain from the transferor, a report, pursuant to this section, prior to entering into any agreement or contract for the sale or transfer of any such interest in real property within the city. In the event that no agreement or contract is entered into between the transferee and transferor, then said report shall be provided by the transferor, and any transferee shall request and obtain from the transferor said report prior to the sale, transfer or exchange of said interest in real property. Said report may contain matters of city record pertaining to the authorized use and zoning classification of the property; the current zoning classification of the property; all matters disclosed pursuant to the inspection of the property, including violations of the Highwood housing ordinance (or any successor ordinance), or the Highwood property maintenance code (or any successor ordinance).

         b.   A report of zoning and code compliance as set forth above shall be required pursuant to this subsection for every transfer of any interest in real estate (other than as set forth in subsection B3 of this section) within the city. For every transfer of an interest in real estate, the transferor of the property shall obtain from the city a report of compliance setting forth the matters required herein.

         c.   It shall also be the responsibility of the transferee of the interest in real estate to request and obtain from the seller, prior to the acceptance of any transfer of any interest in real estate, said report of compliance.

         d.   Said report of zoning and code compliance shall be valid for a period not to exceed six (6) months from the date of issue.

         e.   Upon application of the transferor or his authorized agent, and the payment to the city of a fee pursuant to section 3-2A-1 of this code, the zoning administrator or any of his designee(s) shall review pertinent city records, make an exterior and interior inspection and deliver to the applicant a report which may contain the following information so far as it shall be available:

            (1)   Street address; and

            (2)   Zoning classification and authorized use of the property; and

            (3)   Housing code violations; and

            (4)   Property maintenance code violations; and

            (5)   Other pertinent information.

         f.   The report of zoning compliance and all accompanying information shall be delivered by the transferor, or his authorized representative, to the transferee of the property prior to the consummation of the sale or exchange. Upon request, the transferee shall deliver the report of zoning compliance to the zoning administrator, or his designee(s), as evidence of compliance with this section prior to occupancy of the property.

         g.   It shall also be the responsibility of the transferee to obtain the report of zoning compliance from the transferor. The failure of the transferee to obtain same shall be a violation of this title.

      2.   Liberal Construction: For purposes of this title, any sale, transfer or exchange of real property or any interest therein shall be deemed to effectuate the purposes of this title. Said purposes are to require inspections of the property to be transferred and city records regarding said property prior to transfer of ownership. Therefore, the provisions of this title shall be applicable to not only transfers of a fee interest in real estate, but also to transfers of the beneficial interest in any land trusts, the sale, exchange or transfer of stock in any corporation holding title to real estate, land contracts, installment agreements for warranty deed, or any other mechanism used to transfer ownership of real property.

      3.   Exemptions: Notwithstanding any other requirement of this section, a report shall not be required for the following exempt transactions:

         a.   A sale, transfer or exchange of real property between governmental bodies.

         b.   A sale, transfer or exchange of real property without consideration to confirm, correct, modify or supplement an ownership interest in real estate.

         c.   A sale, transfer or exchange of real property where the actual consideration is less than one hundred dollars ($100.00).

         d.   Transfers involving tax deeds, releases of mortgages or any lien indebtedness.

         e.   Transfer of interest pursuant to involuntary legal proceedings including partition suits and dissolution of marriage. A report shall be required for transfers pursuant to a sale or transfer under a probate proceeding other than to the heirs or beneficiaries.

         f.   Transfer of leasehold interest.

         g.   Transfer of vacant real estate.

      4.   Enforcement: The city may use pertinent water department records and real estate transfer records and all other records to ascertain compliance with this section.

      5.   Late Fees And Penalties: In cases of violation of this section, a late fee shall be paid by both the transferor and transferee as provided in section 3-2A-1 of this code.

      6.   Liability: The transferor and transferee shall be jointly and severally liable for such late fee penalties (in addition to the original required application fee) for failure to comply with the provisions of this section.

      7.   Additional Fines And Fees: In addition to said late fee, any transferor or transferee and any person, partnership, firm, entity or corporation (whether transferor or transferee) violating any provision of this section shall be subject to the fines and penalties set forth in section 11-3-11 of this chapter. In addition to any penalty, late fee or fine levied under this title, any person, partnership, firm, entity or corporation (whether transferor or transferee) in violation of any provision of this section shall pay any and all reasonable attorney fees incurred by the city in enforcing this section. In the event the city deems it necessary to bring any court action to enforce this section, there shall be assessed against any person, partnership, firm or corporation (whether transferor or transferee) violating this section all reasonable costs, expenses and attorney fees incurred by the city in bringing this action, in addition to the fine, late fee or penalty provided herein.

      8.   Nonmandatory Report: Since the holders of property interests in the city may find it necessary or convenient to request the type of report otherwise required for transfer of property interests under this section in instances not mandated under this title, any person, firm or entity having any interest in real property within the city may request from the zoning administrator a report pursuant to this section. Upon completion of the application and payment of the required fee (which shall be the same as those fees for required inspections), the zoning administrator shall process said application and, if such request is granted, shall prepare and provide such report. Said report may contain matters of city record pertaining to the authorized use and zoning classification of the property; the current zoning classification of the property; all matters disclosed pursuant to the inspection of the property, including violations of the Highwood housing ordinance (or any successor ordinance) or the Highwood property maintenance code (or any successor ordinance). If the zoning administrator is unable to comply with the applicant's request, the applicant shall be so advised, and the application fee refunded. (Ord. 2003-O-15, 3-18-2003)

No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered without a use permit having first been issued by the zoning administrator. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this title and amendments hereto hereafter duly enacted. (Ord. 2003-O-15, 3-18-2003)

Nothing in this title shall prevent the continuance of the present occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property, and except as provided in chapter 1 of this title. (Ord. 2003-O-15, 3-18-2003)

   A.   Authority To Appeal: Any person aggrieved by a ruling of the zoning administrator charged with the enforcement of this title or by any officer, department, board, bureau, or commission of the city concerning the interpretation of this title may take an appeal to the zoning board of appeals. (Ord. 2003-O-15, 3-18-2003)

   B.   Filing Appeals:

      1.   Such appeal shall be taken within forty five (45) days and shall be taken by filing with the city council and with the zoning board of appeals a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary.

      2.   Such appeal shall be taken upon forms provided by the zoning administrator.

      3.   The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

   C.   Stay Of Proceedings: The appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the zoning board of appeals, after notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; in which case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   D.   Hearing:

      1.   The zoning board of appeals shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. The board shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.

      2.   The concurring vote of four (4) members of the zoning board shall be necessary to recommend reversal of any order, decision, or determination of the zoning administrator or to decide in favor of the applicant, any matter upon which it is authorized by this title to render decisions. (Ord. 2003-O-15, 3-18-2003)

   E.   Judicial Review: All final administrative decisions of the city council under this section shall be subject to judicial review pursuant to the provisions of the state administrative review law, and all amendments and modifications thereof, and the rules adopted pursuant thereto 1 . The term "administrative decision" is defined as in section 3-101 of the administrative review law 2 . (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   A.   Authority To Petition; Fee: The city council, the plan commission, other governmental bodies, and any private petitioner may apply for an amendment in the text of this title and the accompanying zoning map made a part of this title. Any petition for an amendment by a private party shall require the payment of a fee as established in section 3-2A-1 of this code. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   B.   General Review Requirements: The regulations imposed and the zoning districts created under this title may be amended by ordinance, but no such amendment shall be made by the city council without public notice and without a public hearing before the city plan commission. The plan commission shall hold the public hearing and forward its recommendations to the city council within forty five (45) days of the date the petition was submitted to the plan commission, unless it is withdrawn by the petitioner.

   C.   Plan Commission Factors: The plan commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely in the interest of the applicant. The plan commission shall consider the following factors in considering any such amendment:

      1.   The existing uses and zoning classifications of properties in the vicinity of the subject property.

      2.   The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.

      3.   The extent to which the value of the subject property is diminished by the existing plan designation or zoning classification applicable to it.

      4.   The extent to which such diminution in value is offset by an increase in the public health, safety and welfare.

      5.   The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

      6.   The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

      7.   The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

      8.   The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification.

      9.   The availability of adequate ingress and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

      10.   The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present plan designation and zoning classification.

      11.   The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.

      12.   The community need for the proposed map amendment and for the uses and development it would allow.

   D.   Notice Of Hearing: The city plan commission shall cause notice of public hearing of petitioner's application to be given in the following manner: 1) by publishing notice of the time and place of such hearing in a paper of general circulation in the city; and 2) by causing said notice to contain the particular location for which the amendment is requested, as well as a brief statement describing the proposed amendment.

   E.   Written Protests: In the event of written protest against the proposed amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley or rear line therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, as to such regulations or zoning district, filed with the city clerk, such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the city council.

   F.   Final Decisions: The city council, without further public hearing, may adopt or deny the report of the plan commission for any proposed amendment, or may refer the petition back to the plan commission for further consideration. (Ord. 2003-O-15, 3-18-2003)

   A.   Fees Established: Fees shall be as provided in section 3-2A-1 of this code. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   B.   Assessment Of Development Fees And Costs:

      1.   Upon submission of a proposal or petition to the city for annexation, rezoning, subdivision, or development of any parcel (including any proposal for a special use, planned unit development, variation or otherwise) within the city, or to be annexed thereto (hereinafter "proposal"), the petitioner shall pay all costs and fees incurred by the city associated with the review of said proposal, and all matters incidental thereto, (hereinafter "review fee"). Such costs and fees to be reimbursed by the petitioner shall include, but not be limited to, the costs and fees of consultants, engineers, planners, attorneys, staff, and any other cost or fee whatsoever incurred by the city and deemed by the city to be necessary or convenient for the review of the proposal. Said review fee shall also include any of the aforementioned items incurred by the city in the negotiation, amendment, modification or implementation of any proposal or plan for annexation, rezoning, subdivision, variation or development (including the implementation of any proposal for a special use, planned unit development, or otherwise) by petitioner, and shall be liberally construed to ensure that the city shall incur no cost regarding any proposal.

      2.   The city council may establish an initial review fee to be deposited with the city prior to the consideration of any proposal or petition. In the event the city's cost to review any proposal exceeds the review fee, the city shall notify the petitioner detailing said additional costs, and the petitioner shall pay such additional review fee at such times as required by the city collector. In the event that the costs actually incurred by the city do not exhaust the review fees collected by the city, the unused portion shall be refunded to the petitioner.

      3.   Any change or modification to the proposal submitted for review by the petitioner following the inception of the review process may require, in the discretion of the city, that the petitioner pay to the city an additional review fee hereunder. Any such additional costs will be identified by the city collector and requested of and paid by the petitioner.

      4.   The proposal or collection of the review fee shall not be construed to create or hold the city responsible or liable for any damage to any persons or property by reason of any inspection, reinspection or review authorized herein, or failure to inspect, reinspect or review, nor shall the approval of any application authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability upon, the city or any official, agent or employee thereof. Further, the collection of a review fee shall not be construed to create or imply any agreement by the city to grant any proposal, application, or permit requested by the petitioner hereunder.

      5.   Upon submission of a proposal or petition to the City for annexation, subdivision, or development of any parcel within the City, or to be annexed thereto (hereinafter "proposal"), the petitioner shall pay any and all costs and fees involved in the proceedings, including, but not limited to, transcription, publication, recordation, and amendment of the zoning maps, unless waived by motion of the City Council.

   C.   Amendment Of Fees: The fees and costs required to be paid under this title may be amended pursuant to an ordinance of the City promulgating a fee and cost schedule 1 , which ordinance shall serve to repeal or amend the affected fee or cost, without further hearing.

   D.   Waiver Of Fees: Upon motion of the City Council, any assessment, fee or cost imposed or required to be paid under this title may be waived. (Ord. 2003-O-15, 3-18-2003)

   A.   Where a zoning lot or other parcel designated for the development, construction, remodeling or enlargement of a proposed use does not coincide with a lot of record, and the proposed development, construction, remodeling or enlargement may not be performed without crossing the lot lines of the lot(s) of record or without encroaching on the required side, rear, front or other setbacks for the district within which the lot(s) of record is located, or a petitioner is otherwise desirous of consolidating zoning lots, parcels, or portions thereof, a plat of consolidation shall be prepared.

   B.   Such request for consolidation shall be submitted for approval by the Plan Commission. The Plan Commission shall follow the procedures applicable to map amendments hereunder, along with the applicable provisions of the subdivision ordinance.

   C.   Notwithstanding the above, such request for consolidation of zoning lots, parcels, or portions thereof may be submitted to the Zoning Administrator. If the Zoning Administrator determines, in his sole discretion, that the consolidation of such parcels is beneficial to the City and the petitioner, the Zoning Administrator may recommend that the hearing required above be waived. The Zoning Administrator shall report the request for consolidation and his recommendation to the City Attorney, Plan Commission Chair, and the Mayor and City Council. Upon receipt of such report of the Zoning Administrator, the City Council may: 1) reject the recommendation of the Zoning Administrator, and refer the proposed consolidation to the Plan Commission for hearing as set forth above; or 2) in the alternative, may approve said consolidation pursuant to an ordinance adopted by the City Council approving such consolidation and map amendment. Upon such approval, the signature and the approval of the Plan Commission shall not be required, but the Plan Commission Chair, or his designee, shall, if requested by the City, affix his signature to the plat of consolidation indicating the approval of the Plan Commission to such consolidation.

   D.   In all events, any consolidation shall be approved by the City Council prior to the issuance of any permits or the commencement of any development, construction, remodeling or enlargement. All costs involved in the proceedings, including, but not limited to, preparation of the plat, recordation and amendment of the zoning maps, shall be borne by the petitioner, unless waived by motion of the City Council. (Ord. 2003-O-15, 3-18-2003)

In the event a construction or use is desired which is not in conformance with this title, an application for a variation, or a special use permit where required, may be filed with the city council, and with a fee as established herein. (Ord. 2003-O-15, 3-18-2003)

   A.   Upon the receipt of the application for variation or special use permit, the city council will refer the application to the zoning board.

   B.   The zoning board shall hold a public hearing on all applications for variations or special use permits. A public notice of the hearing must be given as provided by law. After the public hearing, the zoning board shall convene and recommend an acceptance or denial to the city council within sixty (60) days of the public hearing stating the reasons for the recommendation.

   C.   The city council shall not grant any variation or special use permit in any case until a public hearing has first been held by the zoning board and the zoning board has made its recommendation to the city council. (Ord. 2003-O-15, 3-18-2003)

   A.   In making a recommendation for the granting of a variation, the zoning board shall consider the following:

      1.   Whether the construction or use is in harmony with the surrounding construction or use.

      2.   Whether the construction or use is not objectionable to the surrounding residents.

      3.   Whether strict application of the provisions of this title would deprive the applicant of any reasonable use of the land. Mere loss in value may not justify a variation unless there is a deprivation of beneficial use of land.

      4.   Whether the variation is only a minor deviation of the provisions of this title.

   B.   The zoning board and/or city council may exercise its discretion weighing the facts, the factors set forth in subsection A of this section and the petition for variation when recommending and/or granting any variation. Further, the findings of the zoning board and/or the city council in recommending the proposed variation shall be given deference in any judicial review process. (Ord. 2003-O-15, 3-18-2003)

A recommendation for special use other than a planned unit development shall be given only when the zoning board of appeals shall find all of the following:

   A.   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare.

   B.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

   C.   The nature and intensity of the activities involved and the size, placement and design of any structures proposed will be so planned that the special use will be compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding property.

   D.   The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools or the applicant will provide adequately for such services.

   E.   The location of the special use within the city will be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the special use, nor will it draw significant amounts of traffic through residential streets.

   F.   Parking areas will be of adequate size for the particular use and properly located, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.

   G.   The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.

   H.   The size of the lot will be sufficient for the use proposed.

   I.   Adequate fencing and/or screening will be provided to ensure the enjoyment of surrounding properties, to provide for the public safety or to screen parking areas and other visually incompatible uses.

   J.   The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the official comprehensive plan.

   K.   If a special use permit is granted, the petitioner, its successors and assigns are currently in compliance with governmental regulations, including city ordinances, and are likely to comply with governmental regulations, including city ordinances, in the future.

   L.   A special use permit shall be denied where the zoning board finds that the special use, if granted, would impinge or retard other development within the city or the district.

   M.   A special use permit shall be denied where the zoning board finds that the special use, if granted, does not demonstrate that it would exert a positive effect upon other development within the city or the district.

   N.   A special use permit shall be denied where the zoning board finds that the special use, if granted, would not enhance revenue opportunities for the city.

   O.   Where the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the applicant shall establish compliance with such special standards. (Ord. 2003-O-15, 3-18-2003)

An "accessory financial use", as defined in section 11-2-3 of this title as "accessory use, financial", shall require a recommendation for special use permit and shall also require the applicant to satisfy the requirements and conditions applicable to the granting of a variation. Further, as to the requirements for the special use permit, the following additional special standards and criteria shall be applied and considered by the zoning board of appeals in making any recommendation for the granting of a required special use permit for an accessory financial use. It shall be the applicant's burden to establish each of the special standards and criteria to the satisfaction of the zoning board of appeals. The special use permit shall be recommended only when the zoning board of appeals shall find all of the following:

   A.   Related Use: The special use permit shall be recommended only where the accessory financial use is an "accessory use" (as defined in section 11-2-3 of this title) or is otherwise incidental and related to a permitted business or permitted use (principal business use) for which a certificate of occupancy has been issued for the premises. The accessory financial use shall be determined to be "related" to the principal business use where it logically and naturally supplements or complements the services of the principal business use offered to patrons of the principal business use. The burden of establishing same shall be on the applicant. By way of illustration only, and not as a limitation:

      1.   A check cashing service offered to patrons logically and naturally supplements and complements a grocery store use.

      2.   A wire transfer service in a contractor's office does not logically and naturally supplement and complement the contractor use.

   B.   Ownership: The principal business use and accessory financial use shall each be owned, managed and operated by the same person, firm or entity.

   C.   Size Limitation: The amount of floor area devoted or supporting the accessory financial use shall not exceed five percent (5%) of the floor area of the principal business use.

   D.   Business Limitation: The gross revenues of the accessory financial use do not exceed twenty five percent (25%) of the gross revenues of the principal business use.

   E.   Principal Business Requirement: The principal business use at which the accessory financial use is located shall be of such a type and nature which generates sales tax revenue, and shall not be a nonretail or service type business.

   F.   Signage Prohibition: No advertisement or sign of any type announcing the accessory financial use shall be placed within or without the building, structure or premises which may be viewed from the exterior of the building, structure or premises.

   G.   Impact On Other Business: A special use permit for an accessory financial use shall not be granted where it would affect the financial stability of any other business in the city offering the same type of service.

   H.   Community Need: A special use permit for an accessory financial use shall not be granted unless the zoning board determines that there is a community need for such accessory financial use. In making such a determination, the zoning board may consider whether such services are available at other locations within or without the city, the geographic location of other similar services, or other relevant factors. (Ord. 2003-O-15, 3-18-2003)

   I.   Adequate Facilities And Security: A special use permit for an accessory financial use shall not be recommended unless the zoning board determines that an adequate secure facility and a security plan shall be provided. Further, the zoning board shall determine that such shall be maintained. The plan shall provide for the security and safety of the employees, patrons and the public. Such plan shall include at a minimum: (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

      1.   Appropriate facilities for the storage of cash and instruments upon the premises.

      2.   An appropriate security alarm system.

      3.   A segregated and secure financial transaction area, which shall include a teller window, which provides appropriate protection to the employees and prohibits patrons and the public from access to the employee performing the financial transactions, and/or the cash or instruments.

      4.   Appropriate services for the removal of cash or instruments from the premises.

   J.   Bonding And Licensing: All accessory financial uses shall maintain in full force and effect all required state and federal licensing, bonding and insurance, and maintain copies of same on file with the city.

   K.   State And Federal Laws: All accessory financial uses shall maintain full compliance with all state and federal laws and regulations.

   L.   Administrative Fee: All accessory financial uses shall be required to pay an administrative fee as required by the city to oversee the regulation and review of the special use permit for such accessory financial use 1 .

   M.   Annual Renewal: All accessory financial uses shall be required to renew any special use permit which is granted on an annual basis pursuant to review and approval of the city council. The city council may delegate such review to the zoning board, which shall forward its recommendation to the city council. It shall be the responsibility of the holder of the special use permit to apply for renewal by filing such renewal request with the city clerk at least sixty (60) days prior to its expiration.

   N.   Limitation On Permit: Any special use permit granted shall only permit the accessory financial use requested, and shall not otherwise engage in any other financial services, including, but not limited to, loans, check cashing, or otherwise.

   O.   Code Compliance Required: A special use permit shall not be recommended unless the entire building or structure which contains the premises in which the accessory financial use is located has been inspected and is in full compliance with all applicable codes and ordinances. In the event an applicant for a special use permit is not the owner of the building or structure, the owner shall join in the special use permit application and shall ensure that the entire building or structure is available for inspection.

   P.   Application Requirements: All accessory financial uses shall be required to submit an application for the granting or renewal of the special use permit required. For purposes of administering such process, the city may promulgate an additional ordinance, which may be amended from time to time. Such ordinance shall be deemed an extension of the special use permit requirements. Further, the holder of such special use permit shall pay an administrative fee as required by the city to oversee the regulation and review of such special use permit and/or accessory financial use 2 . Such ordinance shall include the following provisions at a minimum:

      1.   There shall be maintained and posted in a prominent location in the accessory financial use transaction area a complete description of fees for any financial service. Further, in the event that the accessory financial use involves the transfer of funds to another country, there shall also be posted either a notice that funds shall be transferred based upon the daily official exchange rate, or, if not, there shall be posted on a daily basis the exchange rate used for such transactions. The text of such signs shall be in red letters on a white background; said letters to be at least one inch (1") high.

      2.   There shall be maintained and posted in a prominent location at the accessory financial use a sign indicating that any complaints regarding the service may be submitted to the city of Highwood for determination and adjudication. The text of such signs shall be in red letters on a white background; said letters to be at least one inch (1") high.

      3.   In addition to any other posting requirement, all notices required hereunder shall be promulgated in English, Spanish, and any other language which constitutes the primary language used by five percent (5%) or more of the individuals availing themselves of the accessory financial use. For such purpose, each application for the accessory financial use shall inquire as to the primary language of the patrons.

      4.   Any applicant for a special use permit for an accessory financial use, or any individuals involved in any way with such accessory financial use, shall be subject to fingerprinting, background check and/or a criminal history query to determine that the applicant and individuals are qualified for the granting or renewal of such special use permit.

      5.   All accessory financial uses involved in the transfer of funds shall provide to each customer verification that the funds have been received at the point transmitted.

      6.   Each operator of an accessory financial use shall keep a log indicating the following as to each patron: the date, time, name, address, telephone number, primary language (as noted above), amount of funds transferred, the transfer rate applicable, the official exchange rate in effect on the day of the transfer and the transfer fee. A copy of such log shall be submitted to the city upon its request.

      7.   Each operator of an accessory financial use shall keep and provide such records or logs as may be required pursuant to any state or federal statute or regulation regarding same. A copy of such log or records shall be made available for inspection and copying at all times by the city, and a copy shall be submitted to the city upon its request.

      8.   The applicant for the special use permit shall demonstrate to the zoning board its ability to comply with each of the foregoing.

      9.   This subsection may be amended pursuant to another ordinance of the city, which ordinance shall serve to repeal or amend this subsection, without further hearing.

   Q.   Acknowledgment: Any applicant for a special use permit for an accessory financial use shall acknowledge that he is subject to the regulations set forth herein, that he will not seek refunding of any licensing or administrative fee imposed hereunder, and the applicant shall indemnify and hold harmless the city from any and all claims relative to the application, granting or denial of the special use permit, and that the special use permit is subject to the terms of this title and, further, to renewal on an annual basis.

   R.   Revocation Or Suspension Of Permit: Any special use permit granted hereunder shall be subject to revocation or suspension for just cause, if the city determines that the holder has violated any of the provisions hereof, the ordinance referenced above, or any other ordinance of the city. Any person making application for such a special use permit shall be deemed to recognize and acknowledge that said permit may be revoked for the violation of any of its terms. (Ord. 2003-O-15, 3-18-2003)

In determining whether the applicant's evidence establishes that the foregoing standards have been met, the zoning board of appeals shall consider:

   A.   Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

   B.   Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening. (Ord. 2003-O-15, 3-18-2003)

   A.   Conditions On Special Use Permits: The zoning board of appeals may recommend and the city council may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. These conditions may include, but are not limited to, regulations regarding landscaping and screening, hours of operation, parking, signage, adequate drainage of stormwater, exterior lighting, fence height and the duration of the special use. Such conditions shall be expressly set forth in the ordinance granting the special use permit. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the special use permit.

   B.   Affidavit Of Compliance With Conditions; Fee: Whenever any special use permit granted pursuant to this article is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the zoning administrator so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the zoning administrator, to recover the city's actual direct costs in the processing and hearing of the special use and of an inspection to verify that such conditions and limitations have been met.

   C.   Effect Of Issuance Of Special Use Permit: The granting of a special use permit shall not authorize the establishment or extension of any use, nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the city, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.

   D.   Limitations On Permits:

      1.   Subject to an extension of time granted by the zoning administrator, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

      2.   A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six (6) consecutive months or more.

      3.   Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the current owner or operator of the use of the lot in question rather than to the lot itself.

   E.   Amendments To Permits: A special use permit may be amended, varied or altered only pursuant to the procedures and subject to the standards and limitations provided in this article for its original approval.

   F.   Renewal Of Permits: The city council may, upon written request, for good cause shown, and following notice pursuant to the requirements established by statute and this title and a hearing before the city council, renew a special use permit for the same period of time for which such special use permit was first valid.

   G.   Effect Of Denial Of Special Use: No application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the plan commission and/or the city council.

   H.   Recording Of Special Use Permit Ordinance; Payment Of Fees: All ordinances approving and authorizing provisions of this article shall be recorded in the office of the county recorder of deeds. All fees incurred for recordation and expenses shall be paid for by the applicant. (Ord. 2003-O-15, 3-18-2003)

   A.   Conditions: If the above conditions are not met, the provisions of this title will be upheld and the application for variation or special use shall be denied.

   B.   Expiration:

      1.   No order for a variation permitting the erection or alteration of a building shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

      2.   No order for a variation permitting a use of a building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

   C.   City Council Action: After receiving the report of the zoning board relating to a variation or special use, the city council may act on the application and adopt any proposed variation or special use or may refer it to the zoning board for further consideration. Further provided, that any proposed variation which fails to receive approval of the zoning board shall not be passed except by the favorable vote of two-thirds (2/3) of the city council.

   D.   Requirements Binding: In approving any variations or special uses, the city council shall be governed by the same considerations and restrictions as the zoning board. (Ord. 2003-O-15, 3-18-2003)