(A) Purpose and scope of regulations.
(1) Any use of land classified as either a permitted use or special use prior to the effective date of this article or any subsequent amendment to this article, which is no longer allowed by this article or any subsequent amendment to this article as either a permitted or special use in the zoning district in which it is located, is classified as a nonconforming use.
(2) It is the intent of this section to permit nonconforming lots, buildings, structures, and uses to continue until they are removed, but not to encourage their continued use. Nonconforming uses are declared to be incompatible with permitted uses in the districts involved.
(3) It is further the intent of this section that nonconformities shall not be enlarged upon, expanded, added to, or increased in intensity.
(4) Any use of land or structure which was in violation of a provision of the Zoning Code, Sign Code, Subdivision Code, or Fence Code of the Village of Carol Stream in effect at the time of the adoption of this UDO, or amendments thereto, and which does not conform to the provisions of this UDO, and/or amendments thereto, shall be considered unlawful and in violation of this UDO.
(B) Authority to continue. Nonconforming buildings, structures, and uses shall be allowed to continue only in accordance with the regulations of this article.
(C) Determination of nonconforming status. The burden of establishing the legality of a nonconforming building, structure, or use is the owner's burden, not the village's.
(D) Repairs and maintenance. Repairs and normal maintenance required to keep nonconforming buildings or structures in a safe condition are permitted, provided that no alterations may be made except those allowed by this UDO or required by law or ordinance.
(E) Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing nonconforming building or structure are permitted, provided that no changes in the nature or character, extent or intensity of such nonconforming building or structure may occur except those allowed by this UDO.
(Ord. 2021-05-15, passed 5-3-2021)