Nonconforming Use Discontinuation in the City of Fort Worth
In the City of Fort Worth, legal nonconforming status for land is lost if the use ceases for more than one calendar month. For buildings, the nonconforming status is terminated if a building designed for a nonconforming use remains vacant for 24 consecutive months, or 12 consecutive months if the building was originally designed for a conforming use [Section 7.102].
Standards for Discontinuance and Abandonment
The City of Fort Worth distinguishes between the use of open land and the use of structures when determining the timeframe for the loss of nonconforming rights. Once a nonconforming use is considered discontinued or abandoned under the City of Fort Worth zoning ordinance, it may not be resumed, and any future use of the premises must conform to the regulations of the district in which it is located [Section 7.100, Section 7.102].
The following table outlines the specific timeframes after which a nonconforming use in the City of Fort Worth is legally considered abandoned:
| Type of Nonconforming Use | Period of Discontinuance Resulting in Loss of Status |
|---|---|
| Land used for a nonconforming use | 1 calendar month |
| Building designed or arranged for a nonconforming use | 24 consecutive calendar months |
| Building designed or arranged for a conforming use | 12 consecutive calendar months |
| Residential use in the TCU Residential Overlay District | 24 consecutive calendar months |
Extensions and Hardship
The City of Fort Worth Board of Adjustment has the authority to grant extensions to these time limits. If a property owner can provide evidence of hardship to the City of Fort Worth Board of Adjustment, the board may extend the vacancy or discontinuance period for a total of no more than six additional months [Section 7.102].
Specific District Regulations
Certain overlay districts within the City of Fort Worth have explicit language regarding the vacancy of nonconforming uses to ensure neighborhood compatibility.
TCU Residential Overlay District
In the City of Fort Worth TCU Residential Overlay District, a residential nonconforming use is considered abandoned if the building ceases to be occupied in a bona fide manner for a period of 24 consecutive calendar months [Section 4.406]. However, the City of Fort Worth allows for the use of a building by persons related by blood, marriage, or adoption for up to a 24-month period without affecting the nonconforming status regarding the number of unrelated occupants [Section 4.406].
Historic Properties
If a historic property in the City of Fort Worth is demolished or relocated without a Certificate of Appropriateness, strict restrictions apply to the vacant site. No building permits (except to restore the original property) will be issued for five years, and no parking lots may be operated on the property for three years following the removal of the nonconforming historic structure [Section 4.401].
Definitions of Nonconformity
The City of Fort Worth defines a nonconforming use, building, or yard as one that was legally in existence at the time the ordinance was passed but no longer complies with the current district regulations [Section 9.101]. The lawful use of these buildings or land may be continued and even extended throughout the building, provided no structural alterations are made except those required by law [Section 7.100, Section 7.101].
Sections Cited
- Section 4.401 (Historic Preservation Ordinance - Historic Overlays)
- Section 4.406 (TCU Residential Overlay District)
- Section 7.100 (Continuation of Nonconforming Use)
- Section 7.101 (Additions, Alterations, Extensions, Repairs)
- Section 7.102 (Discontinuation of Nonconforming Use)
- Section 9.101 (Defined Terms)