[Amended 1-16-2011 by L.L. No. 1-2011]
A.
Except as follows, nonconforming elements (i.e., lots, structures,
uses and/or any other elements) may continue to be used, altered,
repaired, modified, replaced or converted to conforming elements in
such way as does not increase their degree of nonconformity in any
way whatsoever, the latter standard to be construed in a manner favoring
the eventual discontinuance of such uses, elements, lots and/or structures.
The foregoing notwithstanding, all other treatment of such nonconforming
elements shall require the issuance of a special permit by the Village
Board of Trustees, including but not limited to the following:
(1)
An enlargement or expansion utilizing additional floor area, lot
area, cubic space, air space or subsurface space.
(2)
Conversion to a different nonconforming element which would not be
permitted in the same district in which the existing nonconforming
element would be allowed by right according to the District Use Chart.[1]
[1]
Editor's Note: The District Use Chart is attached to this chapter.
(3)
An expenditure (including in kind) in excess of 35% of the value
of the land and improvements upon which the nonconforming element(s)
is (are) located.
(4)
The improvement of a lot which constitutes a nonconforming element,
other than with a one-family dwelling unit.
(5)
Revival or reuse of a nonconforming element, except for residential
dwelling units, that is vacant as a result of the inability to obtain
tenants for same during such period by a different nonconforming element,
where the original nonconforming element has been inactive in any
material respect for a period of six months or more.
(6)
Use, continued use, revival or reuse of a "rental unit," as defined in (and subject to the provisions of) Chapter 86 of the Village of Camillus Code, and which rental unit, property owner or agent has previously failed or refused to comply with such provisions.
(7)
Use, continued use, revival or reuse of such element(s) in violation
or circumvention of a rule, regulation, local law, ordinance or similar
previously established mandate of the Village of Camillus which is
based upon the classification of such element, in whole or in part,
as a nonconforming element and the failure or refusal to comply. Examples
of the foregoing, but not by way of limitation, are the failure to
pay applicable fees, taxes, charges or assessments which are based,
in whole or in part, upon a property's classification as a nonconforming
use and the imposition of greater or additional such changes based
thereon.
B.
In any event, the right to continue any nonconforming elements, except in relation to nonconforming lot sizes, but including those previously granted special permits under this § 110-39, shall terminate on January 1, 2035. After such time the continuation of same, in any respect, shall be a violation of this Chapter 110; subject, however, to the right to seek relief via an area or use variance from the Zoning Board of Appeals.
At the request of any interested party or upon its own initiative, the Board of Appeals may determine whether or not any land use activity existing on the effective date of this chapter constitutes a nonconforming element. The provisions of this section are permissive, not mandatory, and are designed to expedite the processing of administrative permit applications pursuant to § 110-39 of this chapter. Where a determination has been made under this section, the facts stated therein shall be conclusive in all further proceedings involving said land use activity, absent new evidence to the contrary.
