Maywood Zoning Code § 5100.50 Basis for Approval or Denial of a Variance

The Commission (and Council on appeal) may grant a Variance with such conditions as are deemed necessary to protect the public health, safety, and general welfare and assure compliance with the provisions and standards included in this Ordinance.

• A. In making such determination, the Commission or Council shall find that the proposed use is in general accord with the following principles and standards:

1. That there are practical difficulties or unnecessary hardships created by strict application of the Ordinance due to circumstances applicable to the property; and

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2. In granting the Variance, the spirit of the Ordinance will be observed, public safety secured, and substantial justice done; and

3. The Variance does not grant special privileges which are not otherwise available to surrounding properties and will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity; and

4. The Variance places suitable conditions on the property to protect surrounding properties and not permit uses which are not otherwise allowed in the zone.

• B. Conditions imposed by the Commission or Council for a Variance may involve any pertinent factors affecting the establishment, operation, or maintenance of the requested use, including, but not limited to:

1. Granting the Variance for a limited time only.

2. The restriction of certain uses carried out on the property to designated portions of the property or to designated days or times of the day.

3. The restriction or disallowance of otherwise lawful uses.

4. The placement of conditions on otherwise lawful uses.