Regulations for Legal Nonconforming Uses in the City of Fort Worth
Lawful uses, buildings, or lots existing at the time of a zoning change in the City of Fort Worth may continue as "legal nonconforming" provided they are not discontinued for periods ranging from one month to two years depending on the property type. These grandfathered status protections require the owner to maintain a valid certificate of occupancy and generally prohibit structural alterations that do not bring the property into closer compliance with City of Fort Worth standards [Section 7.100, Section 7.102].
Continuation of Nonconforming Status
The City of Fort Worth permits the lawful use of a building existing at the time of the passage of a zoning ordinance to continue, even if the use does not conform to the new provisions. Such uses may be extended throughout the building provided no structural alterations are made, except those required by law or ordinance [Section 7.100]. If a nonconforming building is ever removed, any future use of that specific premises must comply with the current regulations of the City of Fort Worth [Section 7.100]. All nonconforming uses must possess a valid certificate of occupancy [Section 7.103].
Discontinuance and Abandonment
A legal nonconforming use in the City of Fort Worth is terminated if it is discontinued or abandoned for specific durations. Once a nonconforming use is changed to a conforming use, it cannot be reverted to a nonconforming status [Section 7.102].
| Type of Nonconforming Asset | 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 |
Note: The City of Fort Worth Board of Adjustment may grant an extension of these time limits for up to six months upon evidence of hardship [Section 7.102].
Additions, Repairs, and Restoration
The City of Fort Worth allows certain modifications to nonconforming structures without requiring a variance from the Board of Adjustment, provided specific criteria are met:
- Yards and Height: Additions and extensions to nonconforming buildings regarding height or yards are permitted if the new portions comply with all current City of Fort Worth zoning regulations [Section 7.101].
- Structural Alterations: No structural alterations are permitted unless they are required by law or City of Fort Worth ordinance [Section 7.101].
- Damage and Restoration: If a building is destroyed by fire, explosion, or other casualty to an extent of not more than 75% of its reasonable value, it may be restored and continue its nonconforming use. This restoration does not require the installation of new bufferyards or supplemental setbacks if the building is located adjacent to a property that was rezoned to a one- or two-family district [Section 7.104].
Nonconforming Lots of Record
In the City of Fort Worth, specific protections exist for platted lots that have less width or area than required by current residential district standards (specifically districts A-2.5A through A-5). A detached one-family dwelling or associated accessory structure may still be erected if:
- The lot size is at least 5,000 square feet and the width is at least 50 feet; or
- In an "A-5" one-family district, the area and width do not vary by more than 10% from the standard [Section 7.106].
If such a residential structure is destroyed by casualty, the owner has two years to apply for a building permit to reconstruct the dwelling to its original footprint [Section 7.106].
Rules for Specific Grandfathered Uses
Sexually Oriented Businesses
Sexually oriented businesses in the City of Fort Worth that were lawfully operating prior to December 21, 1993, and are in violation of the 1,000-foot distance regulation, are considered nonconforming. These businesses may remodel and repair their operations as long as the building size is not expanded and the remodel occurs within the same footprint [Section 7.107].
Bars and Taverns
Any bar or tavern lawfully in existence in the City of Fort Worth as of September 26, 2023, is granted nonconforming status. The City of Fort Worth building official maintains a registry of these establishments. Status is retained during permit renewals or business transfers but terminates if the TABC permit is lost for two years or if the use is changed to a conforming use [Section 5.154].
Large Animals
Property owners in the City of Fort Worth who wished to claim legal nonconforming status for keeping large animals were required to register with the planning and development department within one year of the ordinance's adoption. This status is forfeited if the use is discontinued for a continuous period of 12 months [Section 5.307, Section 7.102].
Eminent Domain
A structure or use in the City of Fort Worth that becomes nonconforming due to a governmental entity acquiring right-of-way through eminent domain remains a legal structure or use. This protection applies only to the noncompliance resulting directly from the acquisition [Section 7.108].
Sections Cited
- Section 5.154, Bars or Taverns
- Section 5.307, Large Animals
- Section 7.100, Continuation of Nonconforming Use
- Section 7.101, Additions, Alterations, Extensions, Repairs
- Section 7.102, Discontinuation of Nonconforming Use
- Section 7.103, Certificate of Occupancy for Nonconforming Uses
- Section 7.104, Restoration of Partially Destroyed Building
- Section 7.105, Subsequent Amendments to Zoning Ordinance
- Section 7.106, Nonconforming Lot of Record
- Section 7.107, Specific Nonconforming Uses
- Section 7.108, Exercise of Eminent Domain
- Section 9.101, Defined Terms