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Los Banos City Zoning Code

ARTICLE 25

INTERPRETATION

§ 9-3.2501 Provisions controlling.

Except as otherwise specifically provided in this article, the provisions of this chapter shall not be interpreted to repeal, abrogate, annul, or in any way affect any existing provision of any law, ordinance, regulation, or permit previously adopted or issued relating to the erection, construction, moving, alteration, or enlargement of any building or improvement; provided, however, in any instance where the provisions of this chapter impose greater restrictions upon the erection, construction, establishment, moving, alteration, or improvement of buildings, or the use of any building or structure, than is imposed or required by an existing law, ordinance, or regulation, the provisions of this chapter shall control.
(§ 9.01, Ord. 342, as amended by § 212, Ord. 1095, eff. November 20, 2010)

§ 9-3.2502 Ambiguities: Commission determinations.

If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter or with respect to matters of height, area requirements, or zone boundaries, the Commission shall ascertain all pertinent facts and by resolution set forth its findings and interpretations, and thereafter such interpretations shall govern unless the Council directs the Commission to adopt a different interpretation.
(§ 5.02, Ord. 342, as amended by § 212, Ord. 1095, eff. November 20, 2010)

§ 9-3.2503 Similarities in district uses: Commission determinations: Criteria.

Whenever the 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 permitted in a district, the Commission shall consider the following factors as criteria for its determination:
(a) 
The effect upon the public health, safety, and general welfare of the neighborhood involved and the City at large;
(b) 
The effect upon traffic conditions; and
(c) 
The 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.
(§ 9.02, Ord. 342, as amended by § 212, Ord. 1095, eff. November 20, 2010)

§ 9-3.2504 Appeals.

The decision of the Community and Economic Development Director or designee or the Planning Commission may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 9.03, Ord. 342, as amended by § 212, Ord. 1095, eff. November 20, 2010, and § 8, Ord. 1137, eff. October 2, 2015)