Chapter 17.44 — INTERPRETATION

Sections:

• 17.44.010 Other and conflicting restrictions. 17.44.020 Factors in deciding character of uses. 17.44.030 Appeals—Planning commission. 17.44.040 Appeals—City council—Filing. 17.44.050 Appeals—City council—Planning commission report. 17.44.060 Appeals—City council—Decision.

Except as specifically provided in this title, this title shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provisions of any law or ordinance or regulation or permits adopted or issued previous to the adoption of its provisions, relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided, however, that in any instances where this title imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than are imposed or required by an existing law, ordinance or regulation, the provisions of this title shall control. (Ord. 3-83 § 9.1, 1983)

Whenever the planning commission is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district, the commission shall consider the following factors as criteria for their determination:

• A. Effect upon the public health, safety and general welfare of the neighborhood involved and the city at large;

• B. Effect upon traffic conditions;

• C. Effect upon the orderly development of the area in question and the city at large in regard to the general planning of the whole community. (Ord. 3-83 § 9.2, 1983)

The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this title. (Ord. 3-83 § 9.3, 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

In case the applicant is not satisfied with the action of the planning commission on his appeal, he may within five days appeal in writing to the city council. (Ord. 3-83 § 9.4, 1983)

Notice shall be given to the planning commission of an appeal filed as provided in Section 17.44.040, and a report shall be submitted by the commission to the city council, setting forth the reasons for the action taken by the commission. Such .report shall be submitted in writing or by representation at the hearing. (Ord. 3-83 § 9.5, 1983)

The city council shall render its decision within forty-five days after the filing of an appeal as provided in Section 17.44.040. (Ord. 3-83 § 9.6, 1983)