Hyde Park City Zoning Code
§ 108-6.5
Change of nonconforming use.
A.
A nonconforming use may, upon a finding by the Zoning Board of Appeals in accordance with § 108-6.5B, be changed to another nonconforming use which is of the same or lesser impact, except that no use prohibited by § 108-4.3D shall be permitted under any circumstances. No structure in which a nonconforming use has been changed to a use of lesser impact shall again be devoted to a nonconforming use with greater impact.
B.
In determining whether a use is of greater or lesser impact, the Zoning Board of Appeals shall consider the following criteria:
(1)
The new use shall not result in excessive off-premises noise, dust, odors, solid waste or glare, or create any public or private nuisance.
(2)
The new use shall not cause a significant increase in traffic, impair pedestrian safety, or overload existing roads. In no case will a change to another use be allowed which would result in a traffic increase that would decrease the level of service for the highway.
(3)
The new use shall be suitable for the property on which it is proposed, considering the size, location, topography, vegetation, soils, natural habitat, and hydrology, and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.
(4)
The new use shall not pose a threat to public health or safety.