Variance Hardship Requirements in the Dallas Development Code
Under the Dallas Development Code, a variance is granted only when literal enforcement causes an "unnecessary hardship" arising from a parcel's unique area, shape, or slope. This hardship must not be self-created or purely financial, though specific thresholds exist for structures where compliance costs exceed 50% of the building's value or result in a 25% loss of developable area [Sec. 51A-3.102].
General Findings of Hardship
The City of Dallas Board of Adjustment has the authority to grant variances from specific regulations, such as front yard, side yard, rear yard, lot width, lot depth, lot coverage, and floor area for accessory structures. For the City of Dallas to approve a variance, the Board must find that an "unnecessary hardship" exists based on the following general criteria:
- Public Interest: The variance must not be contrary to the public interest. The Board must ensure that the spirit of the Dallas Development Code is observed and substantial justice is done [Sec. 51A-3.102].
- Unique Physical Conditions: The hardship must be necessary to permit development of a specific parcel of land that differs from other parcels in its restrictive area, shape, or slope. The parcel must be unable to be developed in a manner commensurate with other parcels with the same zoning [Sec. 51A-3.102].
- Prohibited Grounds: A variance cannot be granted to relieve a self-created or personal hardship. Additionally, the City of Dallas may not grant a variance for purely financial reasons, except for specific criteria involving existing structures [Sec. 51A-3.102].
Hardship Standards for Existing Structures
When a variance is requested for an existing structure, the Dallas Development Code provides specific technical thresholds to determine if compliance with the ordinance constitutes an unnecessary hardship.
| Condition | Finding Required for Hardship |
|---|---|
| Financial Cost of Compliance | The cost must be greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll [Sec. 51A-3.102(d)(10)(B)(i)]. |
| Loss of Developable Area | Compliance must result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development is authorized [Sec. 51A-3.102(d)(10)(B)(ii)]. |
| Conflicting Regulations | The structure would be out of compliance with a different municipal ordinance, building code, or other requirement [Sec. 51A-3.102(d)(10)(B)(iii)]. |
| Neighboring Encroachment | Compliance would result in an unreasonable encroachment on an adjacent property or easement [Sec. 51A-3.102(d)(10)(B)(iv)]. |
| Nonconforming Status | The City of Dallas municipality considers the structure to be a nonconforming structure [Sec. 51A-3.102(d)(10)(B)(v)]. |
Hardship in Special Districts and Regulations
Sign Regulation Variances
For signs in business and non-business zoning districts, the City of Dallas Board of Adjustment may authorize special variances. The Board must find that strict compliance with the sign regulations would result in "substantial financial hardship or inequity" to the applicant without providing a corresponding benefit to the city or its citizens [Sec. 51A-7.703].
Historic Overlay Districts
In the City of Dallas Historic Overlay Districts, an "unnecessary personal hardship" may be found regarding the residency of individuals in retirement housing. If an elderly resident dies or moves out for medical reasons, the Board may grant a special exception to authorize an extension for other residents to remain if the literal enforcement of the code would result in such a hardship. The Board considers the physical limitations of the resident and economic constraints in these cases [Sec. 51A-4.501].
Fee Waivers
Applicants to the City of Dallas Landmark Commission may request a waiver of filing fees if they can demonstrate that the payment would result in "substantial financial hardship." In such cases, the applicant may be required to produce financial documents to support the claim [Sec. 51A-3.103].
Sections Cited
- Sec. 51A-3.102
- Sec. 51A-3.103
- Sec. 51A-4.501
- Sec. 51A-7.703