Chapter 17.40 — AMENDMENTS

Sections:

• 17.40.010 Unspecified procedures.

• 17.40.020 Applicability. 17.40.030 Initiation. 17.40.040 Planning commission hearing—Scheduling.

• 17.40.050 Planning commission hearing—Notice.

• 17.40.060 Planning commission report.

• 17.40.070 City council hearing and action.

Except as otherwise provided in this chapter, any amendment to this title shall be initiated and adopted as other ordinances are amended or adopted. (Ord. 3-83 § 8.1, 1983)

Any amendment to this title which changes any property from one district to another district, or imposes any regulations upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as set forth in this chapter. (Ord. 3-83 § 8.2, 1983)

Any amendment of the nature specified in Section 17.40.020 may be initiated by (A) the filing with the planning commission of a resolution of intention of the city council, (B) passage of a resolution of intention by the planning commission, or (C) filing with the planning commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the planning commission and shall be accompanied by a fee, as set by the city council. (Ord. 3-83 § 8.3, 1983)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Upon receipt of a petition or resolution of intention of amendment the planning commission shall set a date for a public hearing thereon, but not later than forty-five days after the receipt of the petition or resolution. (Ord. 3-83 § 8.4, 1983)

A. Notice of public hearing shall be given as required by law. Additional notice of the time and place of such hearing and the purpose thereof shall be given by posting at least three public notices thereof not less than ten days prior to such hearing along the streets upon which the property proposed to be affected abuts. Each such notice shall consist of the words, “Notice of Proposed Zoning Change,” in letters not less than one inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the time and place of the public hearing thereon and such other information as the planning commission deems to be necessary.

B. Any failure to post public notices as described in subsection A of this section shall not invalidate any proceedings for the amendment of this title. (Ord. 3-83 § 8.5, 1983)

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendation with respect to the proposed amendment. The commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the city council or the petitioner for such amendment. (Ord. 3-83 § 8.6, 1983)

Upon receipt of the recommendation of the planning commission or expiration of the ninety days provided for in Section 17.40.060 or agreed-upon extended period, the city council shall hold a public hearing thereon, giving notice thereof as provided by law. After the conclusion of such hearing the city council may, within one year, adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable. (Ord. 3-83 § 8.7, 1983)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code