Regulations for Nonconforming (Grandfathered) Uses and Structures in the City of Dallas
In the City of Dallas, a nonconforming use is legally protected until it is discontinued for a period of six months or more, or until the structure housing the use is destroyed by the intentional act of the owner. While the City of Dallas Board of Adjustment has the authority to impose a compliance date to eventually eliminate a nonconforming use, the owner is generally entitled to a remedy that allows for the recovery of their investment through continued operation or city payment [Section 51A-4.704].
Nonconforming Status and Rights
Under the Dallas Development Code, a "nonconforming use" is a use that does not conform to current use regulations but was lawfully established at the time of its inception [Section 51A-2.102(90)]. Similarly, a "nonconforming structure" is an edifice that does not conform to current yard, lot, or space regulations (such as setbacks or height limits) but was lawfully constructed [Section 51A-2.102(89)].
The right to maintain a nonconforming use remains with the property unless it is lost via specific triggers. It is an absolute defense to prosecution in the City of Dallas that a person is in compliance with an order of the City of Dallas Board of Adjustment regarding nonconforming rights [Section 51A-1.103].
Termination and Abandonment of Rights
The City of Dallas recognizes several conditions under which the "grandfathered" status of a property may be revoked:
- Discontinuance: The right to operate a nonconforming use in the City of Dallas ceases if that use is discontinued for six months or more. A special exception may be granted only if the owner can prove there was a clear intent not to abandon the use [Section 51A-4.704(a)(2)].
- Destruction: If the structure housing a nonconforming use is destroyed by the intentional act of the owner or their agent, the right to operate the use ceases immediately. If the destruction was accidental, the owner may restore the structure to its original height, floor area, and location without losing nonconforming rights [Section 51A-4.704(a)(5)].
- Conversion to Conforming Use: Once a nonconforming use is changed to a conforming use, all previous nonconforming rights are permanently lost. The issuance of a Specific Use Permit (SUP) does not grant permanent nonconforming rights; the use must cease once the SUP expires [Section 51A-4.704(a)(4)].
Compulsory Compliance and Amortization
The City of Dallas City Council may request that the City of Dallas Board of Adjustment establish a compliance date for a nonconforming use to be eliminated. This process, often referred to as amortization, requires a public hearing to determine if the use has an adverse effect on nearby properties [Section 51A-4.704(a)(1)].
Factors for Determining Compliance Dates
When evaluating a nonconforming use for a compliance date, the City of Dallas Board of Adjustment must consider:
- The character of the surrounding neighborhood.
- The degree of incompatibility with the current zoning district.
- The hours of operation and the nature of the use.
- Environmental impacts such as noise, glare, dust, and odor [Section 51A-4.704(a)(1)(B)].
Mandatory Remedies for Owners
If the City of Dallas Board of Adjustment imposes a compliance date, the director must determine the costs attributable to ceasing the use. The property owner may choose one of the following remedies:
- Receive a cash payment from the City of Dallas for the diminution in market value.
- Continue operating the use until the investment is recovered through continued business activity [Section 51A-4.704(a)(1)(D)].
Modifications and Changes to Use
The City of Dallas allows limited flexibility for changing or remodeling nonconforming entities.
Changing Between Nonconforming Uses
The City of Dallas Board of Adjustment may allow a change from one nonconforming use to another if it meets the following criteria:
| Requirement | Standard for Approval |
|---|---|
| Impact on Life of Use | Must not prolong the life of the nonconforming use |
| Zoning History | Must have been permitted under regulations when the original use began |
| Similarity | Must be similar in nature to the current nonconforming use |
| Adverse Effects | Must not have an adverse effect on the surrounding area |
Remodeling and Expansion
A person may renovate or remodel a structure housing a nonconforming use provided the work does not enlarge the use [Section 51A-4.704(b)(2)]. A nonconforming structure may be enlarged only if the expansion itself does not cause the structure to become more nonconforming regarding yard, lot, and space regulations [Section 51A-4.704(c)(1)].
Nonconforming Signs
Nonconforming signs in the City of Dallas are subject to separate enforcement under Article VII. A nonconforming sign may be repaired if the cost of repair is less than 60 percent of the cost of erecting a new sign of the same type at the same location. If the repair exceeds this 60 percent threshold, the sign must be brought into total conformity with the City of Dallas sign regulations [Section 51A-7.702(c)].
Sections Cited
- Section 51A-1.103
- Section 51A-2.102
- Section 51A-4.307
- Section 51A-4.703
- Section 51A-4.704
- Section 51A-7.701
- Section 51A-7.702