Regulations for Nonconforming Structures in Dallas
In the City of Dallas, a nonconforming structure is an edifice that was lawfully constructed under previous regulations but does not comply with current yard, lot, or space requirements. Owners in the City of Dallas are generally permitted to renovate or enlarge these structures provided the work does not increase the existing nonconformity, though the right to rebuild is forfeited if the structure is destroyed by an intentional act of the owner. In specialized Dallas Form Districts, specific exemptions exist for additions that constitute 30 percent or less of the existing floor area.
Defining Nonconforming Structures in Dallas
A nonconforming structure is defined by the Dallas Development Code as any building or edifice that was legal at the time of its construction but no longer conforms to the current regulations of the City of Dallas, specifically those involving bulk, location, or area (as opposed to use regulations) [Section 51A-2.102].
Maintenance, Remodeling, and Expansion
The City of Dallas permits various levels of work on nonconforming structures, provided the degree of nonconformity is not exacerbated.
General Maintenance Standards
Under the general provisions of the Dallas Development Code, a person may renovate, remodel, repair, or enlarge a nonconforming structure. However, this is only permitted if the work does not cause the structure to become more nonconforming regarding yard, lot, and space regulations [Section 51A-4.704].
Specialized Rules for Form Districts
For properties located within a Dallas Walkable Urban Mixed Use (WMU), Walkable Urban Residential (WR), or Residential Transition (RTN) district, the City of Dallas applies a different standard. In these districts, a structure may be renovated or enlarged as long as it does not become more nonconforming in the following areas: building placement, building height, building facade, garage placement, open space, or landscaping [Section 51A-13.102].
The Dallas Development Code provides specific leniency for smaller additions in these districts:
| Addition Size | Requirements for Compliance | Exemptions from Current Standards |
|---|---|---|
| 35% or less of existing floor area | Must comply with use, placement, height, and elements [Section 51A-13.304] | Maximum setbacks, minimum story requirements, primary street entrance rules, and block/street standards [Section 51A-13.502] |
| Greater than 35% of existing floor area | Must comply with all current Article XIII regulations | No exemptions |
Loss of Nonconforming Status
The City of Dallas strictly regulates when a structure loses its legal nonconforming status. If a nonconforming structure is destroyed by the intentional act of the owner or the owner’s agent, the right to rebuild or maintain that nonconforming structure ceases immediately [Section 51A-4.704].
For communication structures, such as a nonconforming tower or antenna for cellular communication in the City of Dallas, owners may renovate or enlarge the structure without Board of Adjustment approval only if the modification does not change the physical dimensions of the tower or base station [Section 51A-4.704].
Conversion and Special Exceptions
If a property owner in the City of Dallas wishes to convert the use of a nonconforming structure, specific restrictions apply. A structure cannot be converted to a residential use or several specific nonresidential uses without a special exception from the Dallas Board of Adjustment if the structure remains nonconforming to yard, lot, and space regulations [Section 51A-4.704].
Nonresidential Uses Requiring Board Approval for Conversion
| Use Category | Requirement |
|---|---|
| Residential Use | Special Exception Required |
| Animal Production | Special Exception Required |
| Commercial Amusement | Special Exception Required |
| Nursery or Plant Sales | Special Exception Required |
| Restaurant | Special Exception Required |
| Vehicle Sales or Service | Special Exception Required |
Nonconforming Signs and Environmental Standards
Nonconforming signs and structures subject to environmental performance standards are governed by separate sections of the Dallas Development Code.
- Environmental Standards: A structure that is nonconforming with the City of Dallas environmental performance standards (such as noise or vibration) may continue, but it cannot be remodeled if the work would increase the noncompliance [Section 51A-6.107].
- Sign Maintenance: A nonconforming sign in the City of Dallas may be repaired only if the cost of the repair is less than 60 percent of the cost of erecting a new sign of the same type at the same location [Section 51A-7.702].
| Sign Regulation | Requirement |
|---|---|
| Repair Cost Limit | Must be < 60% of new sign cost |
| Structural Changes | Cannot enlarge or increase structure height |
| Tri-vision/Digital | Cannot convert a conventional nonconforming sign to digital/tri-vision |
Sections Cited
- Section 51A-1.103
- Section 51A-2.102
- Section 51A-4.704
- Section 51A-6.107
- Section 51A-7.701
- Section 51A-7.702
- Section 51A-13.102
- Section 51A-13.304
- Section 51A-13.502