Whenever in a specific case, after an application for a permit has been made, an appeal is made to the Zoning Board that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any regulations relating to the use, construction, alteration or location of buildings or structures or to the use of land, the Zoning Board may determine and vary their application in harmony with the general purpose and intent of such regulations, upon such conditions as may be considered appropriate and in the public interest, and in accordance with the rules herein set forth. (Ord. 8/53, 1-18-1954)

No variation shall be made except after a public hearing of which there shall be at least fifteen (15) days' notice of the time and place of such hearing published in a newspaper of general circulation in the City, said notice to contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.

The action of the Zoning Board in granting a variation shall contain or be accompanied by a finding of fact specifying the reason for making such variation. (Ord. 8/53, 1-18-1954)

To partially defray the expense of investigating and considering an appeal for variation where a public hearing is required, a fee shall be charged to the appellant and be collected by the City Clerk pursuant to title 13, "Schedule Of Fees", of this Code. (Ord. 19/2017, 6-5-2017)

   (A)   Overview And Definition: Certain land uses shall be required to obtain special use approval from the City Council prior to the occupancy, use and development of property within the corporate limits and as otherwise allowed by statute. Such uses shall be listed under the category of "special use" as allowed within each zoning district. Such uses are not allowed into other zoning districts unless specifically listed within the district. The term "special use" includes, but is not limited to: 1) public and quasi-public uses related to the public interest, 2) uses which may have a unique, special, or unusual impact upon the use or enjoyment of neighboring property, and 3) planned unit developments. Special uses shall require a special use permit from the City of Aledo.

   (B)   Hearing And Standards: The City Administrator or his designee shall determine if a use requires a special use permit, as defined by this section. Applications for special use shall be forwarded to the Zoning Board of Appeals to conduct a public hearing. In deciding whether or not to recommend granting the special use to the City Council, the Zoning Board of Appeals shall determine, based upon the evidence in submission, whether the proposed use:

      1.   Will be harmonious with and in accordance with the general objectives of the Comprehensive Plan and this section;

      2.   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

      3.   Will not change the essential character of the general vicinity;

      4.   Will not be hazardous or disturbing to existing or future neighborhood uses; and

      5.   Will not cause substantial injury to the value of other property in the neighborhood in which it is located.

   (C)   Conditions Of Approval: The Zoning Board of Appeals may recommend and the City Council may impose such conditions and restrictions upon the property benefited by the special use as they deem necessary to assure compliance with other provisions of this Code or to reduce or minimize the effect of such special use upon other property in the neighborhood or to implement the general purpose and intent of this Code. Said conditions or restrictions may include variations from the bulk requirements of this chapter.

   (D)   Findings Of Fact, Recommendations, And City Council Approval: Within a reasonable time after the public hearing, the zoning board of appeals shall report its findings of fact and recommendations to the city council in writing. Upon receipt of the findings of fact and recommendations, the city council, by ordinance, without further public hearing, may authorize or deny an application for a special use in accordance with the Illinois statutes and the provisions of this chapter or it may refer the application back to the zoning board of appeals for further consideration. (Ord. 11-06-06-2, 12-4-2006)