In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area, width, depth or combination thereof, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the Zoning Board of Adjustment.

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance;

No such nonconforming use shall be moved in whole or in part from any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, such nonconforming use of land is deemed abandoned and any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

Such structure may not be enlarged in a way which increases its nonconformity; and

Such structure may not be altered in a way which increases its nonconformity; and

Should such structure be destroyed by any means to an extent of more than fifty (50%) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof, declared to be unsafe by any official charged with protecting public safety, upon order of such official.

Abandonment of a nonconforming use shall terminate the right to operate such use. Abandonment shall consist of the intent of the user of said nonconforming use to discontinue said operation coupled with an actual discontinuance of said use.

Violation of Unified Development Ordinance, including failure to register a nonconforming use, shall terminate immediately the right to operate a nonconforming use.

Any one (1) of the following specific acts of termination shall terminate immediately the right to operate a nonconforming use:

The Zoning Board of Adjustment may inquire into the existence of a nonconforming use, and after public hearing and investigation, require the discontinuance of such based on public health and safety reasons. Time allowed for discontinuance of such use shall be prescribed by the Board, based on the Board’s ruling as to a reasonable amortization period for the nonconforming structure and/or use. In making such determination the Board shall consider traffic conditions created by the use, fire and/or health hazard and any other danger or nuisances to the public due to the structure or any condition or use existing on the property.

The right to operate and maintain any nonconforming use, except a residential dwelling unit, shall terminate and shall cease to exist whenever the structure or structures in which the nonconforming use is operated and maintained is damaged or destroyed from any cause whatsoever, and the cost of repairing such damage or destruction exceeds fifty (50) percent of the replacement cost of such structure on the date of such damage or destruction.

Notwithstanding Section 9.7 [9.6], a nonconforming residential dwelling unit which is destroyed or damaged more than fifty (50) percent of the replacement cost may be rebuilt provided a building permit is issued within one (1) year of the date of such damage or destruction, and provided that such destruction or damage not have been caused in any part by the intentional act(s) of any lessee, owner, lienholder, trustee, or mortgage of the dwelling unit. The director of building inspections may require the submission of necessary evidence to verify the date of damage or destruction.

No nonconforming use or structure shall be enlarged, replaced, or extended, except as provided for in this subsection.

The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure is damaged in any manner and from any cause whatsoever and the cost of repairing such damage exceeds fifty (50) percent of the replacement cost of such structure on the date of such damage.

The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the City, and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement cost of such structure on the date that the City Building Inspector determines that such structure is obsolete or substandard.

In determining the replacement cost of any nonconforming structure there shall not be included therein the cost of land or any factors other than the nonconforming structure itself.

With respect to any conflict between this section and the other provisions, this Section shall prevail.

The continuation of a nonconforming use or structure after such right has been terminated pursuant to this Section, or the change, extension, or enlargement of a nonconforming use or structure in violation of this Section, shall constitute a violation of the Unified Development Ordinance and shall be subject to such penalties and remedies as provided for in the City of Hondo Ordinances.

Any use for which a special exception is permitted as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district only for the single property granted such exception.