1. Any use of a building or land lawfully existing on the effective date of the ordinance codified in this title, but which does not conform with the use regulations of the district in which the building or land is situated, may be continued under the regulations of said ordinance. However, this section shall not be interpreted as authorizing the continuation of any use of a building or land which was not lawfully existing on the effective date of said ordinance.
2. If a conforming use of a building or land becomes non-conforming by virtue of an amendment of said ordinance, then such use shall be considered to be a lawful use which may continue as a non-conforming use under this chapter.
3. No use of a building or land which neither conforms with the use regulations of the district in which the building or land is situated nor qualified as an authorized non-conforming use under the provisions of this chapter shall be considered a lawful use or be permitted to continue under the provisions of this title.
4. No use of a building which conforms with the use regulations of the district in which the building is situated shall be considered to be non-conforming merely because the building occupied by the use does not comply with the height regulations of the district in which the building is situated or because the building is so located on the zoning lot that it does not comply with yard regulations of such district.
5. The regulations of this title, pertaining to a building occupied by a non-conforming use shall apply not only to a building which is completely occupied by such a use, but shall also apply to one in which the non-conforming use occupies only a portion of the building.

(Res. 1-1 §3 (H)(part), November 16, 1982)

1. Application for a change of one non-conforming use to another or for an enlargement or extension of a non-conforming use shall be made in the same manner as is provided in Chapter 17.66 for applications for variations and shall be accompanied by the fee required for variations except that lawful non-conforming manufactured homes may be replaced by a newer manufactured home if it does not violate the provisions of Section 17.64.050.
2. The board of appeals may permit a non-conforming use to be changed to another non-conforming use if the board finds:
   1. That the substitution or addition will not be detrimental to or tend to alter the character of the neighborhood;
   2. That the substitution or addition will not increase congestion in the streets;
   3. That the district the new use would be permitted in is no less than the district the existing use would be permitted in.

(Res. 13 Exh. A (part), June 11, 2002; Res. 1-1 §3(H)(1), November 16, 1982)

Except in a residential district, the board of appeals may permit the enlargement or extension of a non-conforming use if the board finds that:

1. The enlargement or extension does not exceed twenty-five (25) percent of the area that the non-conforming use occupied on the effective date of the ordinance codified in this title;
2. The enlargement or extension does not exceed the applicable bulk regulations for the district;
3. The applicable off-street parking requirements are complied with for the enlarged portion of the use;
4. The enlargement or extension will not be detrimental to or tend to alter the character of the neighborhood.

(Res. 1-1 §3(H)(2), November 16, 1982)

Whenever a non-conforming use has been discontinued for a period of six (6) months, such use shall not thereafter be reestablished and any subsequent use shall conform to the provisions of this title, except in cases incurred due to a catastrophe, when applicable to owner occupied single-family and duplex-residential dwellings established prior to the adoption of the Sangamon County zoning ordinance codified in this title. In no way shall the reconstruction result in a greater violation of any provision of said zoning ordinance than the non-conformity that existed prior to the catastrophe.

(Res. 1-1 §3(H)(3), November 16, 1982; Res. 9, January 10, 1978; Res. 5, April 16, 1974)

Any use of a building or land lawfully existing on the effective date of the ordinance codified in this title, but which does not conform with the use regulations of the district in which the building or land is situated may be transferred to a new owner if all of the other restrictions on non-conforming uses are complied with.

(Res. 1-1 §3(H)(4), November 16, 1982)

If a building containing a non-conforming use is by any means destroyed or damaged to the extent of more than sixty (60) percent of its value, such building or reconstruction thereof shall thereinafter be occupied and used only for a conforming use except in cases incurred due to a catastrophe when applicable to owner occupied single-family and duplex-residential dwellings established prior to the adoption of the Sangamon County zoning ordinance codified in this title. In no way shall the reconstruction result in a greater violation of any provision of the zoning ordinance than the non-conformity that existed prior to the catastrophe.

(Res. 1-1 §3(H)(5), November 16, 1982)

1. Normal Maintenance. Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs or incidental alterations.
2. Structural Alterations. No structural alterations shall be made in a building or other structure containing a non-conforming use, except:
   1. When required by law or by a regulatory authority pursuant to law;
   2. When made pursuant to an enlargement or extension authorized by the board of appeals as described herein; or
   3. When made to accommodate a conforming use. However, in any district, a building containing residential non-conforming uses may be altered in any way to improve interior livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

(Res. 1-1 §3(H)(6), November 16, 1982)