Reconstruction of Nonconforming Buildings in the City of Fort Worth

In the City of Fort Worth, a nonconforming building may be legally restored if it is damaged or destroyed by fire, explosion, or other casualty to an extent of not more than 75% of its reasonable value. Specific residential districts, such as "A-2.5A" through "A-5," allow for the reconstruction of detached one-family dwellings to their original footprint regardless of area requirements, provided a building permit is secured within two years of the date of destruction. Nonconforming accessory buildings in residential districts are subject to stricter timelines, requiring a building permit within six months of the damage date and reconstruction to an identical footprint and design.

General Restoration Standards

For most structures within the City of Fort Worth, the zoning code provides a "75% rule" for restoration following an accidental disaster or act of God. If a building is partially destroyed by fire, explosion, other casualty, an act of God, or the public enemy, it may be restored to its original state provided the damage does not exceed 75% of the building's reasonable value [Section 7.104].

When a building is restored under this 75% provision, the City of Fort Worth does not require the property owner to comply with newer development standards that would otherwise apply to new construction, specifically:

Compliance with Section 6.300 bufferyards.
Compliance with Section 6.300 screening fences.
Adherence to newer building setback requirements [Section 7.104].

Residential One-Family Dwellings

The City of Fort Worth provides specific protections for detached one-family dwellings located in the "A-2.5A" through "A-5" One-Family districts. If such a dwelling is destroyed by a casualty event, the district standards for lot width or area will not prohibit its reconstruction to the original footprint [Section 7.106].

Requirements for One-Family Reconstruction

Requirement	Standard
Permit Deadline	Must apply for a building permit within two years of the original destruction
Footprint Limit	Must be limited to the original footprint of the dwelling
Applicable Districts	One-Family "A-2.5A" through "A-5" districts
Required Evidence	Reconstruction must be necessary due to fire, explosion, other casualty, act of God, or the public enemy

[Section 7.106]

Nonconforming Accessory Buildings

Property owners in the City of Fort Worth residential districts (including A-2.5A, A-43, A-21, A-10, A-7.5, A-5, and B districts) may rebuild a nonconforming accessory building damaged by fire or elements, but they must adhere to rigorous design and timing constraints [Section 4.700(d)(6)].

Feature	Standard for Accessory Building Reconstruction
Permit Timeline	Must obtain a building permit within six months after the damage date
Footprint	Must be limited to the identical footprint (though foundation replacement is allowed)
Design	Must be the same design and roof pitch
Height	Must be the same height as the original structure
Materials	Use of different materials is allowed
Burden of Proof	The owner must prove the date the damage occurred

[Section 4.700(d)(6)]

Specific Use Limitations: Bars and Taverns

The City of Fort Worth applies specific termination rules for nonconforming bars or taverns located in the "MU-2" High Intensity Mixed-Use district. The nonconforming status of such an establishment terminates immediately if the building is destroyed by fire, explosion, or other casualty (including acts of God) to an extent exceeding 75% of the building's reasonable value [Section 5.154(e)(4)].

Sections Cited