§ 1447-17. Standards for the Expansion or Substitution of Nonconforming Uses  


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  • The Zoning Hearing Examiner may approve, approve with conditions or disapprove an application for expansion or substitution of a nonconforming use as limited in § 1447-09 and § 1447-11 based on written findings of fact in consideration of the following standards. The failure of the proposed work to conform with any single factor or standard may not necessarily be a sufficient basis for denial:

    (a) Consistent. The proposed use is consistent with the general purposes and intent of the Cincinnati Zoning Code;

    (b) Safety and Efficiency. The proposed use promotes the safe and efficient use of land;

    (c) Compatibility. The proposed use is compatible with other adjacent land uses and buildings existing in the surrounding area;

    (d) Neighborhood Compatibility. The proposed use is consistent with the purposes of the zoning district in which the use is located and does not negatively impact the value of surrounding property; and

    (e) Limited Purpose Building. The proposed use would be located in a building that is specially equipped or structurally designed for that use.

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