Regulations for Expanding and Modifying Nonconforming Structures in Dallas

In the City of Dallas, a property owner may generally renovate, remodel, repair, or enlarge a structure that does not conform to current regulations, provided the work does not increase the degree of nonconformity regarding yard, lot, and space requirements [Section 51A-4.704]. However, if a nonconforming structure in the City of Dallas is destroyed by the intentional act of the owner or their agent, the right to rebuild that nonconforming structure is forfeited [Section 51A-4.704]. Furthermore, nonconforming uses within the City of Dallas are subject to termination if they are discontinued for a period of six months or more [Section 51A-4.704].

General Regulations for Nonconforming Structures

Under the Dallas Development Code, a nonconforming structure is an edifice that was lawful when established but no longer complies with current yard, lot, or space regulations [Section 51A-2.102]. The City of Dallas allows for the continued use and maintenance of these structures under specific conditions.

Permitted Modifications

A person may renovate, remodel, or repair a structure in the City of Dallas as long as the work does not enlarge the nonconforming aspect of the building. Enlargements are permitted only if they comply with all current yard, lot, and space regulations, meaning the addition itself must be conforming even if the original building is not [Section 51A-4.704].

Conversion of Use

If a property owner in the City of Dallas wishes to convert a nonconforming structure to a residential use, the Dallas Board of Adjustment may grant a special exception to allow the structure to remain nonconforming [Section 51A-4.704]. This exception can also apply to specific nonresidential uses such as:

Animal production
Commercial amusement (inside or outside)
Nursery, garden shop, or plant sales
Restaurant with or without drive-in service
Theater or transit passenger shelter [Section 51A-4.704].

Nonconforming Structures in Dallas Form Districts

In Dallas Form Districts (including WMU, WR, and RTN districts), the regulations for nonconforming structures are governed by Article XIII. These rules are more specific regarding the percentage of the building being modified [Section 51A-13.102].

Standards for Additions in Form Districts

The City of Dallas applies different compliance tiers based on the size of the proposed addition relative to the existing floor area.

Size of Addition in Form District	Compliance Requirements
35% or less of existing floor area	Must comply with use, placement, height, and element requirements of Section 51A-13.304. Does not need to comply with maximum setbacks, minimum stories, or block/street standards [Section 51A-13.102].
Greater than 35% of existing floor area	Must comply with all current Article XIII regulations for the City of Dallas [Section 51A-13.102].

Nonconforming Uses and Compliance

A nonconforming use occurs when the activity on a property in the City of Dallas was lawful when it began but is no longer permitted by the current zoning of the district [Section 51A-2.102].

Termination and Amortization

The Dallas City Council may request that the Dallas Board of Adjustment establish a compliance date for a nonconforming use. This process, known as amortization, requires the Board to determine a date by which the use must cease, allowing the owner to recover their investment in the structure [Section 51A-4.704].

Factors for Use Compliance

When deciding whether to force the termination of a nonconforming use, the Dallas Board of Adjustment considers several factors:

The character of the surrounding Dallas neighborhood.
The degree of incompatibility with the current zoning district.
The impact of the use on nearby properties, including noise, glare, dust, and odor.
The extent to which the use threatens public health or safety [Section 51A-4.704].

Nonconforming Parking and Signs

Modifications to buildings in the City of Dallas often trigger new requirements for parking or the removal of illegal signage.

Parking Requirements for Modifications

If a property owner in the City of Dallas changes a nonconforming use to a new use that requires more off-street parking, the additional spaces must be provided. Conversely, if a use is converted to one with lower parking requirements, any nonconforming rights to the previous higher parking levels are lost [Section 51A-4.704].

Nonconforming Signs

In Dallas business and residential districts, a nonconforming sign may not be repaired if the cost of the repair exceeds 60 percent of the cost of erecting a new sign of the same type at the same location. Any repair that involves enlarging or increasing the height of a nonconforming sign is prohibited unless it brings the sign into full compliance [Section 51A-7.702].

Sections Cited

Section 51A-2.102
Section 51A-4.704
Section 51A-6.107
Section 51A-7.702
Section 51A-13.102
Section 51A-13.304
Section 51A-13.412