Regulations for Legal Nonconforming Structures in the City of Fort Worth
Lawful structures in the City of Fort Worth that existed before the adoption of current zoning ordinances may continue to exist, provided they are maintained in good repair and any subsequent uses comply with City standards. Structural restoration is permitted for buildings damaged by fire or other casualties if the damage does not exceed 75% of the structure's reasonable value. In the City of Fort Worth, additions to structures that are nonconforming only in regards to height or yard setbacks are allowed without Board of Adjustment approval, as long as the new additions comply with all current zoning regulations [Section 7.100, Section 7.101, Section 7.104].
General Principles of Nonconformity
The City of Fort Worth defines a nonconforming building or yard as a structure that was legally in existence at the time the zoning ordinance was passed but does not currently conform to the regulations of its specific district. These structures are permitted to continue, and the City of Fort Worth allows for extensions and repairs to the building, provided that no structural alterations are made except those required by law [Section 7.100, Section 7.101].
Restoration and Reconstruction Standards
Specific thresholds and timelines apply when a legal nonconforming structure in the City of Fort Worth is damaged or requires reconstruction.
General Damage and Casualty
If a nonconforming building in the City of Fort Worth is partially destroyed by fire, explosion, or other casualty to an extent of not more than 75% of its reasonable value, it may be restored and its previous use continued. Notably, such restoration does not trigger modern bufferyard or supplemental building setback requirements if the structure is located on land adjacent to property that was rezoned to a one-family or two-family district [Section 7.104].
Residential Accessory Buildings
For nonconforming accessory buildings in residential districts (such as the A-2.5A One-Family District), if the structure is damaged by fire or the elements, it may be repaired or reconstructed within the same rear and side yard setbacks under the following conditions:
- The reconstruction must be limited to the identical footprint.
- The building must maintain the same height and roof pitch.
- The owner must obtain a building permit to repair the structure within six months of the damage date [Section 4.700].
Technical Standards for Nonconforming Structures
The following table summarizes the primary regulations for modifying or restoring nonconforming structures within the City of Fort Worth:
| Scenario | City of Fort Worth Regulation |
|---|---|
| Partial Destruction | Restoration allowed if damage is ≤ 75% of reasonable value [Section 7.104]. |
| Yard or Height Nonconformity | Additions permitted without Board of Adjustment approval if additions are code-compliant [Section 7.101]. |
| Residential Accessory Buildings | Reconstruction allowed on identical footprint; permit must be obtained within 6 months [Section 4.700]. |
| NAS FW JRB (AO-CUZ) Zone | Reconstructed nonresidential structures must have equal or less square footage than the previous structure [Section 4.405]. |
| Nonconforming Signs | Repair permitted if cost is ≤ 60% of the cost of erecting a new sign [Section 6.413]. |
Specific District Regulations
Airport Overlay Districts (AO-CUZ)
In the Naval Air Station Fort Worth Joint Reserve Base compatible use zone (AO-CUZ), existing nonresidential structures that do not conform to current standards may be reconstructed. However, the City of Fort Worth requires that the reconstructed structure have a square footage equal to or less than the structure that previously existed. Density is determined by the occupancy count as verified by the City of Fort Worth building official [Section 4.405].
Nonconforming Signs
The City of Fort Worth regulates the maintenance and repair of nonconforming signs based on a 60% valuation rule. A nonconforming sign that is destroyed or blown down may only be repaired if the cost of the repair is 60% or less than the cost of erecting a new sign of the same type at the same location. Maintenance operations, such as cleaning and painting, are permitted as long as the cost of all repairs within a 365-day period does not exceed 60% of the sign's replacement cost [Section 6.413].
Enforcement and Legal Status
A structure that is legally structure-compliant but used for an illegal activity may lose its status. Furthermore, if a nonconforming building is removed, every future use of that premises must be in strict conformity with the City of Fort Worth zoning ordinance [Section 7.100]. If a nonconforming use of a building is changed to a more restricted classification, it cannot thereafter be changed back to a less restricted nonconforming use [Section 7.102].
Sections Cited
- Section 4.405 Airport/Airfield (“AO”) Overlay District
- Section 4.700 One-Family (“A-2.5A”) District
- Section 6.413 Nonconforming Signs
- Section 7.100 Continuation of Nonconforming Use
- Section 7.101 Additions, Alterations, Extensions, Repairs
- Section 7.102 Discontinuation of Nonconforming Use
- Section 7.104 Restoration of Partially Destroyed Building
- Section 9.101 Defined Terms