Hardship and Practical Difficulty Requirements for Zoning Variances in Fort Worth
To obtain a variance in the City of Fort Worth, an applicant must demonstrate that literal enforcement of the zoning ordinance would create an unnecessary hardship or practical difficulty that is unique to the property and not self-imposed. The City of Fort Worth Board of Adjustment may grant structural variances if the cost of compliance exceeds 50% of the appraised value or if compliance would result in a loss of at least 25% of the area where development is authorized to occur.
General Criteria for Variance Approval
The City of Fort Worth Board of Adjustment has the authority to authorize variances from the terms of the zoning ordinance when such a departure is not contrary to the public interest [§ 2.101(i)(4)]. For the City of Fort Worth Board of Adjustment to legally grant a variance, it must determine that all of the following conditions are met:
- Unnecessary Hardship: Literal enforcement of City of Fort Worth regulations must create an unnecessary hardship or practical difficulty in developing the property [§ 3.403(a)(1)].
- Uniqueness: The situation causing the hardship or difficulty must be unique to the specific property under consideration and not a general condition of the neighborhood [§ 3.403(a)(2)].
- Not Self-Imposed: The hardship cannot be the result of actions taken by the property owner or previous owners [§ 3.403(a)(3)].
- No Injury to Neighbors: The requested relief must not injure the existing or permitted use of adjacent conforming properties [§ 3.403(a)(4)].
- Harmony with Ordinance: The variance must be in harmony with the general spirit and purpose of the City of Fort Worth zoning ordinance [§ 3.403(a)(5)].
Specific Grounds for Determining Structural Hardship
The City of Fort Worth zoning ordinance provides a technical framework for the City of Fort Worth Board of Adjustment to evaluate whether a structure meets the threshold for unnecessary hardship.
| Hardship Category | Quantitative or Qualitative Threshold |
|---|---|
| Financial Cost of Compliance | Greater than 50% of the appraised value of the structure as shown on the most recent certified appraisal roll [§ 3.403(b)(1)]. |
| Loss of Developable Area | Compliance would result in a loss to the lot of at least 25% of the area on which development is authorized to physically occur [§ 3.403(b)(2)]. |
| Conflicting Requirements | Compliance results in the structure failing to comply with other municipal ordinances, building codes, or legal requirements [§ 3.403(b)(3)]. |
| Impact on Adjacency | Compliance would result in an unreasonable encroachment on an adjacent property or easement [§ 3.403(b)(4)]. |
| Nonconforming Status | The structure is already classified as a nonconforming structure under City of Fort Worth regulations [§ 3.403(b)(5)]. |
Legal and Administrative Constraints
The City of Fort Worth Board of Adjustment is subject to strict procedural and jurisdictional limits when considering hardship claims.
Voting Requirements
The affirmative vote of nine members of the City of Fort Worth Board of Adjustment (out of a total of 11 regular members) is required to grant a variance [§ 2.101(e)].
Prohibited Variances
The City of Fort Worth Board of Adjustment is expressly forbidden from granting a variance or special exception when the City of Fort Worth City Council has enacted a development standard specifically to serve as a prohibition of a structure, material, or other regulation [§ 2.101(i)(6)].
Administrative Waivers
The Director of Planning and Development for the City of Fort Worth has limited authority to approve minor deviations without a full hearing before the City of Fort Worth Board of Adjustment. The Director may approve requests to vary from standards by the lesser of 10% of the applicable specification or one linear foot/one square foot [§ 3.400(b)].
Sections Cited
- § 2.101 Board of Adjustment
- § 3.400 Application Required (Variances)
- § 3.403 Board of Adjustment Action (Variances)