§ 1445-13. General Standards; Public Interest  

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  • The Zoning Hearing Examiner may grant variances, special exceptions and conditional uses, in accordance with the procedures and standards enumerated in this chapter. The examiner may approve an application for a variance, special exception or conditional use if the proposal conforms with all applicable laws, ordinances and regulations and is in the public interest. In determining whether the work is in the public interest, the examiner has the duty to consider those factors listed below that are relevant to the work and apply them in light of his or her professional training and experience. The failure of the proposed work to conform to any single factor or guideline is not necessarily a sufficient basis for denial. The examiner has the duty to approve work that maximizes both the public interest and private benefits.

    (a) Zoning. The proposed work conforms to the underlying zone district regulations and is in harmony with the general purposes and intent of the Cincinnati Zoning Code.

    (b) Guidelines. The proposed work conforms to any guidelines adopted or approved by Council for the district in which the proposed work is located.

    (c) Plans. The proposed work conforms to a comprehensive plan, any applicable urban design or other plan officially adopted by Council, and any applicable community plan approved by the City Planning Commission.

    (d) Traffic. Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets and the internal circulation system is properly designed.

    (e) Buffering. Appropriate buffering is provided to protect adjacent uses or properties from light, noise and visual impacts.

    (f) Landscaping. Landscaping meets the requirements of Chapter 1423, Landscaping and Buffer Yards.

    (g) Hours of Operation. Operating hours are compatible with adjacent land uses.

    (h) Neighborhood Compatibility. The proposed work is compatible with the predominant or prevailing land use, building and structure patterns of the neighborhood surrounding the proposed development and will not have a material net cumulative adverse impact on the neighborhood.

    (i) Proposed Zoning Amendments. The proposed work is consistent with any proposed amendment to the zoning code then under consideration by the City Planning Commission or Council.

    (j) Adverse Effects. Any adverse effect on the access to the property by fire, police, or other public services; access to light and air from adjoining properties; traffic conditions; or the development, usefulness or value of neighboring land and buildings.

    (k) Blight. The elimination or avoidance of blight.

    (l) Economic Benefits. The promotion of the Cincinnati economy.

    (m) Job Creation. The creation of jobs both permanently and during construction.

    (n) Tax Valuation. Any increase in the real property tax duplicate.

    (o) Private Benefits. The economic and other private benefits to the owner or applicant.

    (p) Public Benefits. The public peace, health, safety or general welfare.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)