(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)

   In any district in which a legal lot, parcel, or land of record exists on the effective date of adoption of this UDO that does not conform in size or area to the provisions of this UDO, buildings for the uses permitted in such district may be erected, as permitted in this UDO, on such lot, provided that such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

   (A)   Lots, parcels or land of record, or portions of planned developments which do not meet the requirements of minimum lot width and area or minimum size of required yards which conformed to the provisions of this code, but were reduced in size as the result of the exercise of eminent domain or the threat of the exercise of eminent domain by a governmental body and which have not lost required off-street parking or loading facilities shall not be found to be nonconforming with the provisions of this UDO as a result of the loss of such territory.

(Ord. 2021-05-15, passed 5-3-2021)

   Where a building or structure was lawful on the effective date of adoption of this UDO, but could not be built under the terms of this UDO by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the building or structure or its location on the lot, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No nonconforming building or structure may be enlarged or altered in a way which will create a new nonconformity or increase the degree of the existing nonconformity.

   (B)   Should a nonconforming building or structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this UDO. Replacement cost shall be based upon the assessed value or an appraisal completed within the last two years or the amount for which the structure was insured prior to the date of the damage or destruction. No nonconforming building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure and the use thereof is made to conform to all regulations of the district into which it is moved.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   Nonconforming uses. Where a use was lawful on the effective date of the adoption of this UDO but is no longer permissible under the terms of this UDO as enacted or amended, such use may be continued so long as it otherwise remains lawful and subject to the following provisions:

      (1)   No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this UDO.

      (2)   No nonconforming use shall be enlarged, increased, or expanded to occupy a greater area of land than was occupied on the effective date of adoption or an amendment of this UDO.

         (a)   If a nonconforming use is discontinued for the time periods in this section, such discontinuance constitutes prima facie evidence that the nonconforming use has been abandoned and the nonconforming use must be terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. A period of discontinuance caused by acts of god are not included in calculating the length of discontinuance or abandonment for this section.

         (b)   When a nonconforming use is offered for sale, such sale period is not included in calculating the length of discontinuance for this section so long as all equipment, building design, and similar use infrastructure is maintained in working condition during the sale period. However, when land upon which a nonconforming use is located is offered for sale, but the nonconforming use is not also offered for sale, such sale constitutes prima facie evidence of abandonment of the nonconforming use and the period will be included in calculating the length of discontinuance.

         (c)   The following periods of discontinuance constitute abandonment:

            I.   Nonconforming use within an enclosed structure: Discontinued or abandoned for 24 months.

            II.   Nonconforming use on a lot, no structures: Six months.

      (3)   Nonconforming use of structure. If a lawful use of a building or structure, or of building or structure and premises in combination, existed on the effective date of adoption of this UDO that would not be allowed in the district under the terms of this UDO, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: No existing building or structure devoted to a use not permitted by this UDO in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

      (4)   Any nonconforming use may be extended throughout any parts of a building or structure that were manifestly arranged or designed for such use at the time of adoption or amendment of this UDO, but no such use shall be extended to occupy any land outside such building.

      (5)   Any building or structure, or building or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

      (6)   When a nonconforming use of a building or structure, or building or structure and premises in combination, is discontinued or abandoned for six consecutive months, the building or structure, or building or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

      (7)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 2021-05-15, passed 5-3-2021)

   If a parking lot lawfully existed on the effective date of adoption of this UDO, but does not comply with the provisions of this UDO, such parking lot shall be considered a legal nonconforming parking lot and may be continued so long as it remains otherwise lawful, and subject to the following provisions:

   (A)   No existing use of the land or structure on the same property as the nonconforming parking lot shall be enlarged, increased or extended to occupy an area of the land or structure greater than 50% of the original land or structure area without constructing a parking lot in conformance with the requirements specified in this UDO, including parking lot perimeter and parking lot interior landscape requirements as detailed in § 16-5-5.

   (B)   No building or structure shall be enlarged, erected, constructed or reconstructed with such an addition having a floor area greater than 50% of the original floor area of all buildings and structures on the site, and no major repairs or renovations shall be made exceeding 50% of the value of the structure located on the same property as the nonconforming parking lot without constructing a parking lot in conformance with the requirements specified in this UDO, including parking lot perimeter and parking lot interior landscape requirements as detailed in § 16-5-5.

(Ord. 2021-05-15, passed 5-3-2021)

   A certificate of occupancy shall be required for the continuation of all nonconforming uses of land, buildings, or structures created by the passage of this UDO. Application for such certificate of occupancy for nonconforming uses shall be filed with the Community Development Director by the owner or lessee of the land or building occupied by such nonconforming use within one year from the effective date of adoption of this UDO. It shall be the duty of the Community Development Director to issue a certificate of occupancy for a nonconforming use.

(Ord. 2021-05-15, passed 5-3-2021)