Maywood Zoning Code § 5080.90 Extensions for Amortized

A. Request for Review

A property owner may request an extension of time for a use which is to be terminated. An application must be filed with the Commission requesting the extension of time. The application must be made before the date of expiration for the nonconforming use or within 60 days of notice of expiration, whichever occurs later.

MAYWOOD ZONING ORDINANCE

189

APRIL 28, 2009

B. Application and Procedure

Except as otherwise provided in this Section, the application and all procedures relative to notification, public hearing, and appeal shall be the same as for an Amendment. These provisions are found in Section 5040.40 A and B, Applications for Review Procedures.

C. Burden of Proof

In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Commission and the City Council that the nature of the use and the property are such that to require removal of the structure or termination of the use would impair vested property rights to such an extent as to be an unconstitutional taking of property.

D. Findings and Decision

After a public hearing, the Commission shall make a recommendation to the Council and the Council may grant an extension with such conditions as are deemed necessary to protect the public health, safety, and general welfare and to assure compliance with the provisions and standards included in this Ordinance; and
In making such determination, the Commission may recommend and the Council shall find that the nature of the use and the property are such that to require removal of the structure or termination of the use would a) impair vested property rights to such an extent as to be an unconstitutional taking of property, or b) negatively impact the needs and interests of a residential neighborhood.