Maywood Municipal Code Art. 1 Procedure

"Building", as used in this article, shall include porches and all other enclosed projections from the main exterior walls of a structure.

(§ VI, Ord. 105)

Whenever the public peace, health, safety, comfort, convenience, interest, or welfare may require, the Council is hereby authorized and empowered, pursuant to the provisions of this article, to determine the minimum distance from the street line for the erection of buildings or structures along any portion of any street, public way, or place in the City and to order the establishment of lines to be known and designated as setback lines.

(§ II, Ord. 105)

The procedure for the establishment of setback lines may be initiated on motion of the Council or by a petition filed with the Council. Such petition shall designate the street, or portion of street, along which such lines are sought to be established and shall be accompanied by a map or sketch showing the street and lot lines, the proposed setback lines, and the distance thereof for the regularly established property line.

(§ I, Ord. 105)

Following the initiation of proceedings to establish setback lines and prior to the time the ordinance establishing setback lines becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line, and any permit so issued shall be void.

(§ IV, Ord. 105)

Before ordering the establishment of any setback line, the Council shall refer the matter to the Planning Commission for the preparation of a specific plan in accordance with the provisions of Sections 65450 et seq. of the Government Code of the State (Planning and Zoning Law of 1965). The Planning Commission shall proceed as provided in said Government Code and the provisions of this section.

When the report of the Planning Commission has been submitted to the Council, the Council shall proceed, as provided in Section 65503 of said Government Code, to establish setback lines. Changes in such a specific plan shall be governed by the provisions of Sections 65504 through 65506 of said Government Code.

(§ III, Ord. 105, as amended by § 1, Ord. 465, and § 2, Ord. 465)

At any time not later than the hour set for hearing objections and protests to the establishment of proposed setback lines, written protests or objections against the establishment of such setback lines may be filed. Such protests shall be in writing and shall be delivered to the Council not later than the hour set for the hearing, and no other protests or objections shall be considered.

(§ V, Ord. 105)

All protestants may appear before the Council at such hearing, either in person or by counsel, and be heard in support of their protests or objections. At the time set for the hearing, or at any time to which such hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections so made.

(§ V, Ord. 105)

The decision of the Council shall be final and conclusive. The Council shall have the power and jurisdiction to sustain any protest or objection and abandon such proceedings, or to deny any and all protests or objections and order by ordinance the establishment of such setback lines as described in the resolution of intention, or to order such setback lines established with such changes or modifications as the Council may deem proper.

(§ V, Ord. 105)

Except as otherwise provided in this section and in Sections 8-7.110 through 8-7.117 of this article, it shall be unlawful for any person to construct any building, wall, fence, or other structure within the space between the street line and the setback line so established, and no building permit shall he issued for any building or structure within such space; provided, however:

(a) Cornices, canopies, eaves, and other architectural features may extend into setback spaces for a distance not to exceed two (2′) feet;

(b) Fire escapes may extend into setback spaces for a distance not to exceed two (2′) feet;

(c) Landing places may extend into setback spaces to a distance of two (2′) feet, measured from the setback line, provided such landing place or porch shall have its floor no higher than the entrance floor of the building. An openwork railing no higher than thirty (30″) inches may be placed around such landing place but not around the stairway leading thereto. Where there is a ten (10′) foot setback line, the porch or landing place may extend a distance of six (6′) feet into the setback space; and

(d) An openwork ornamental lawn fence or hedge not to exceed three (3′) feet in height may extend for any distance into such setback space.

(§ VI, Ord. 105)

The Council may, by resolution and upon such terms and conditions as it shall deem proper, permit the erection, alteration, reconstruction, or enlargement of any building, structure, or other improvement between the street line and any regularly established setback line in any case where:

(a) Special circumstances exist which require an exception to the setback requirements to prevent an undue burden or hardship on the property owner affected thereby;

(b) An exception or special permit is necessary for the preservation of a substantial property right of the owner;

(c) The granting of such exception or special permit will not be materially detrimental to the public welfare or injurious to other property or improvements to which such regularly established setback line is applicable; and

(d) Where the applicant is willing and able to carry out the purposes for which the conditional exceptions are sought and agrees to the conditions imposed.

(§ VIII, Ord. 105, as added by § 1, Ord. 530)

The Planning Commission upon its own motion, upon a written request of the Council, or upon receipt of a petition prepared in accordance with Section 8-7.112 of this article may recommend to the Council that conditional setback exceptions be granted.

(§ VIII (A), Ord. 105, as added by § 1, Ord. 530)

Petitions for conditional setback exceptions shall be made on forms prepared by the Planning Commission and shall, regardless of other matter, state fully the grounds for such conditional exceptions and all facts relied upon to show why the provisions of this article should not be strictly interpreted and enforced relative to the property or particular use involved. Such petitions shall be accompanied by plans, profiles, specifications, or other pertinent matter which the Commission may request and shall also show the following:

(a) That there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings, or premises involved, or to the intended use of the same, that do not apply generally to the property or class of uses in the same district;

(b) That such conditional exceptions are necessary for the preservation and enjoyment of substantial property rights; and

(c) That the applicant is willing and able to carry out the purposes for which the conditional exceptions are sought and that he will proceed to do so without unnecessary delay.

(§ VIII (B), Ord. 105, as added by § 1, Ord. 530)

Before a conditional exception may be granted by the Council and before the Planning Commission may recommend such conditional exception, the Commission shall hold a public hearing relative to the proposed conditional exception. Notice of the time and place of such hearing shall be given by publication pursuant to the provisions of Section 6061 of the Government Code of the State in the City or County at least ten (10) days before the hearing and by such other means as the Commission deems necessary. The recommendation of the Commission concerning such conditional setback exception shall be by resolution of the Commission carried by the affirmative votes of not less than a majority of its total voting members.

(§ VIII (C), Ord. 105, as added by § 1, Ord. 530)

After the Planning Commission holds the hearing to consider an application for a conditional setback exception, it shall, within sixty (60) days after such hearing, or any continuance thereof, either deny the exception without further action and notify the applicant or grant the exception subject to the conditions imposed by the Planning Commission. In the event the Planning Commission fails to act within sixty (60) days after such hearing or continuance, the application shall be deemed denied, and the applicant shall have the right of appeal as set forth in Section 8-7.115 of this article.

(§ VIII (D), Ord. 105, as added by § 1, Ord. 530, as amended by § 1, Ord. 535)

In the event the Planning Commission has recommended approval of a setback exception, the Council, after receipt of such recommendation, may, by resolution, adopt the recommendation of the Planning Commission without further hearings, or, in the event the Council wishes to impose conditions different from those specified by the Planning Commission, the Council may set the matter for public hearing, giving the same notice as required for the hearing before the Planning Commission. After such hearing it may deny or grant such exception, subject to such conditions as it deems necessary in the public interest.

In the event the Planning Commission has denied the setback exception, no further action need be taken by the Council unless the applicant appeals the Planning Commission decision within thirty (30) days after he has received notice thereof. Any person whose application for a conditional setback exception has been denied by the Planning Commission shall have the right of appeal and hearing before the Council in the same manner as set forth in Chapter 3 of Title 9 of this Code.

(§ VIII (E), Ord. 105, as added by § 1, Ord. 530, as amended by § 1, Ord. 535)

The Council may prescribe the terms and conditions upon which a conditional setback exception may be granted, may set a time limit for the duration of such conditional exception, and may require guarantees in such form as it may deem proper under the circumstances to insure that the purposes for which such exception is granted will be fulfilled and that the conditions of the exception will be met.

(§ VIII (F), Ord. 105, as added by § 1, Ord. 530)

The Council may revoke any conditional setback exception, the purpose of which has not been accomplished within a period of six (6) months from the date it was granted.

(§ VIII (F), Ord. 105, as added by § 1, Ord. 530)

Any person violating any of the provisions of this article or of any ordinance establishing any setback line pursuant to the provisions of this article shall be guilty of a misdemeanor. The conditions upon which any conditional setback exception is granted shall be subject to the enforcement provisions and penalties for violations as are provided by this Code.

(§ VII, Ord. 105, and § VIII (G), Ord. 105, as added by § 1, Ord. 530)