Guidelines for Expanding or Modifying Nonconforming Buildings in the City of Fort Worth
In the City of Fort Worth, buildings that are nonconforming regarding height or yard requirements may be expanded without special approval as long as the new addition itself fully complies with all current zoning regulations. Structural alterations to nonconforming buildings are generally prohibited unless they are required by law or involve the restoration of a building that has been damaged by less than 75% of its reasonable value. Detached one-family dwellings in specific residential districts have additional protections, allowing for reconstruction within the original footprint if destroyed by fire or other casualties, provided action is taken within two years [§ 7.101, § 7.104, § 7.106].
General Provisions for Modifications
The City of Fort Worth allows the continued use of a building that was lawful at the time of the passage of the zoning ordinance, even if it does not currently conform to all provisions. If a building is considered nonconforming only in terms of its height or its required yards (setbacks), the owner may establish an addition or extension to that building without seeking a variance from the Board of Adjustment. This is permitted only if the proposed addition or extension complies entirely with the height and yard regulations of the district in which the building is located [§ 7.101(a)].
If a nonconforming building is entirely removed, any future structure placed on those premises must conform strictly to the regulations of the City of Fort Worth [§ 7.100].
Structural Alterations and Repairs
The City of Fort Worth distinguishes between simple additions and structural changes. While additions that comply with current code are permitted, "structural alterations" to a nonconforming building are prohibited. The only exceptions to this rule are repairs or alterations required by a specific law or city ordinance [§ 7.101(b)].
Residential Exceptions and Lot Requirements
One-family dwellings in the City of Fort Worth that were made nonconforming by the passage of a new ordinance or an amendment to the zoning map may be altered or added to. The primary requirement is that any such addition or alteration must meet the specific standards of the district in which the dwelling is situated [§ 7.105(b)].
For property owners in the One-Family "A-2.5A" District through the One-Family "A-5" District, the City of Fort Worth provides relief for "Nonconforming Lots of Record." Even if a lot does not meet the minimum width or area requirements of the district, a detached one-family dwelling may be erected or modified if it meets certain minimum thresholds:
| District Category | Minimum Lot Area for Modification | Minimum Lot Width for Modification |
|---|---|---|
| One-Family "A-2.5A" through "A-43" | 5,000 square feet | 50 feet |
| One-Family "A-21" through "A-7.5" | 5,000 square feet | 50 feet |
| One-Family "A-5" | Within 10% of district standard | Within 10% of district standard |
[Section 7.106]
Reconstruction after Damage or Casualty
If a building in the City of Fort Worth is partially destroyed by fire, explosion, or other casualty, it may be restored to its original state if the damage does not exceed 75% of its reasonable value. In such cases, the owner is not required to install new bufferyards or meet expanded building setbacks that might otherwise be required if the property were being developed from scratch [§ 7.104].
For detached one-family dwellings specifically located in the One-Family "A-2.5A" District through the One-Family "A-5" District, the City of Fort Worth permits total reconstruction to the original footprint regardless of the level of destruction, provided the following conditions are met:
- The reconstruction is necessitated by fire, explosion, or other casualty (or the "public enemy").
- The property owner applies for a building permit within two years of the original destruction [§ 7.106(b)].
Nonconforming Accessory Buildings
In many residential districts within the City of Fort Worth (such as the One-Family "A-2.5A" or "A-43" Districts), a nonconforming accessory building that is damaged by fire or elements may be repaired or reconstructed. To qualify, the owner must meet these City of Fort Worth requirements:
- The construction must be limited to the identical footprint of the previous structure.
- The new building must maintain the same height and roof pitch as the original.
- The owner must obtain a building permit to repair the structure within six months of the date the damage occurred [§ 5.301(c)(6)].
Nonresidential and Overlay District Rules
In the Naval Air Station Fort Worth Joint Reserve Base (NAS FW JRB) compatible use zone, existing nonresidential structures that are nonconforming may be reconstructed. The reconstructed building must be for the same nonconforming use and must have an equal or lesser square footage and density than the structure that previously existed [§ 4.405(c)(5)].
Sections Cited
- Section 4.103: Compliance with District Standards
- Section 4.405: Airport/Airfield ("AO") Overlay District
- Section 5.301: Accessory Uses on Residential Lots
- Section 7.100: Continuation of Nonconforming Use
- Section 7.101: Additions, Alterations, Extensions, Repairs
- Section 7.104: Restoration of Partially Destroyed Building
- Section 7.105: Subsequent Amendments to Zoning Ordinance
- Section 7.106: Nonconforming Lot of Record