76-562. Classification of nonconforming uses.


All nonconforming uses shall be classified as class B nonconforming uses. The planning commission, township board, building department or any person with a property interest may submit an application for designation as a class A nonconforming use. The planning commission shall have the sole authority to designate a nonconforming use as a class A nonconforming use upon finding that:
(1) 
Continuance of the nonconforming use would not be contrary to the public health, safety or welfare, or the spirit and intent of this chapter;
(2) 
The use does not, and is not likely to, significantly depress the value of nearby properties;
(3) 
The use was lawful at the time of its inception; and
(4) 
No useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use does not conform.
Ord. No. 110, § 14.01, eff. 11-1-1996