[Amended 4-14-2008 by Ord. No. 2008-2]
The principal objective of this chapter is to provide for an orderly arrangement of compatible buildings and land uses, and for the proper location of all types of uses required for the social and economic welfare of the City. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of the unusual characteristics of the service they provide the public. These conditional uses require particular consideration as to their proper location in relation to adjacent, established or intended uses, or to the planned development of the community. The conditions controlling the location and operation of such conditional uses are established by the following provisions of this article.
The City Council shall have authority to permit the conditional uses of land or structures, or both, listed in the districts, after receiving the recommendation made by the Zoning Board of Appeals in accordance with the procedures established at § 300-31 of this article.
The Zoning Board of Appeals may recommend and the City Council may impose such restrictions upon the height and bulk and area of occupancy of any structure or use of land so approved for conditional use as may be reasonable under the particular circumstances, provided that such restrictions and stipulations shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located, or as may be required in any municipal ordinance. Off-street parking facilities as well as off-street loading and unloading spaces may also be stipulated in the ordinance permitting a conditional use.
The procedure to be followed in considering applications for conditional uses shall be as follows:
A. 
Application. An application verified by the owner of record or authorized agent of said owner of the property involved shall be filed with the City Clerk for the attention of the Zoning Board of Appeals, upon a form prescribed therefor, which shall contain or be accompanied by all required information.
B. 
Public hearing. Upon receipt of such verified application, the City Clerk shall notify the Chairperson of the Zoning Board of Appeals, or, in his/her absence, the Vice-Chairperson, who shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property, as contained in Article XIV. A record of pertinent information presented at the public hearing shall be made and maintained by the Zoning Board of Appeals as part of the permanent record relative to the application.
C. 
Determination. The Zoning Board of Appeals shall then make its findings and recommendations known within 30 days following the date of public hearing on each application. When making its recommendations, the Zoning Board of Appeals shall consider the following matters:
(1) 
Whether the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and
(2) 
Whether such use will, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity, or injurious to property values or improvements in the vicinity; and
(3) 
Whether the proposed use will comply with the regulations and the conditions specified in this chapter for such use and with the stipulations and conditions made a part of the recommendation by the Zoning Board of Appeals.
D. 
Recommendations and City Council approval. The Zoning Board of Appeals may recommend and the City Council may impose such conditions and restrictions upon the property benefitted by the conditional use as they deem necessary to assure compliance with other provisions of this Zoning Ordinance, or to reduce or minimize the effect of such conditional use upon other property in the neighborhood or to implement the general purpose and intent of this Code. The Zoning Board of Appeals shall report its findings and recommendations to the City Council in writing. Within a reasonable time of receiving the findings of fact and recommendations, the City Council, by ordinance, without further public hearing, may authorize or deny an application for conditional use in accordance with Illinois statutes and provisions of this Code, or it may refer the application back to the Zoning Board of Appeals for further consideration. No conditional use shall be approved until approved by ordinance of the City Council.
[Added 11-25-2019 by Ord. No. 2019-9]