Dallas › Unified Development Code
Chapter 3 — Nonconformities
§ 3.01
INTENT
Sec. 3.01- INTENT
1)This Ordinance allows legally established nonconforming uses based on the fact that within the districts established by this Ordinance or amendments that may later be adopted there exist lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Ordinance was passed and amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments; and
2)It is the intent of this Ordinance to permit legally established nonconforming uses, buildings, sites, and structures to continue until they are removed, abandoned, or fully conform with this Ordinance, but not to encourage their survival in nonconforming status. It is further the intent of this Ordinance that legal nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district without approval from the Dallas City Council or Zoning Board of Appeals in accordance with Section 2.04 – Zoning Board of Appeals and Dallas City Council, in this Article.
§ 3.02
NONCONFORMING STATUS
Sec. 3.02 - NONCONFORMING STATUS
1)The determination of status of Illegal Nonconforming and Legal Nonconforming (“Grandfathered”) uses, buildings, structures, or lots shall be based on the definition for each type of nonconforming use as they appear in Chapter XIII: Definitions.
a)Illegal Nonconforming. An illegal nonconforming use, structure, or lot shall be subject to actions and penalties allowed by this Ordinance and shall be altered to conform with all applicable standards and regulations of this Ordinance and all other applicable City ordinances.
b)Legal Nonconforming (“Grandfathered”). Legal nonconforming differs from illegal nonconforming in that the reason for the nonconformance is caused by the enactment of a Zoning Ordinance or a change to a Zoning Ordinance (including the official Zoning Map). Legally established nonconforming use of structures and/or land may continue operation or use in conformance with this Chapter.
§ 3.03
INCOMPATIBILITY OF A NONCONFORMING USE
Sec. 3.03 - INCOMPATIBILITY OF A NONCONFORMING USE
1)Legally established nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts in which the use is located. A legally established nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended, expanded or enlarged after passage of this Ordinance.
§ 3.04
AVOIDANCE OF UNDUE HARDSHIP
Sec. 3.04 AVOIDANCE OF UNDUE HARDSHIP
1)Nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently.
§ 3.05
NONCONFORMING LOT OF RECORD
Sec. 3.05 - NONCONFORMING LOT OF RECORD
1)Any legally established lot, as defined by this Ordinance, having less than the required minimum lot area or minimum lot width and frontage required by the applicable zoning district regulations of this Ordinance, may be deemed to be an exception to such minimum lot area or minimum lot width and
2)frontage. This provision may apply even though such lots fail to meet the requirements for area, width, frontage, or any combination required by the applicable zoning district regulations of this Ordinance.
3)All other development standards for the applicable zoning district must be met unless property is determined to be an infill development.
§ 3.06
NONCONFORMING USE OF LAND
Sec. 3.06 - NONCONFORMING USE OF LAND
1)Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
a)a nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;
b)a nonconforming use shall not be moved in whole or in part to any portion of the lot other than that occupied by the uses at the effective date of adoption or amendment of this Ordinance;
c)a nonconforming use may be extended throughout any parts of an existing structure which was plainly arranged or designed for such use at the effective date of this Ordinance or its subsequent amendments, but no such use shall be extended to occupy land outside of the structure;
d)if a nonconforming use of land is discontinued or abandoned for more than six (6)
months, the subsequent use of the land shall conform to the regulations specified by this Ordinance for the zoning district in which the land is located; and
i)Nonconforming mobile homes units that have been discontinued or abandoned for more than one (1) year shall not be reestablished unless entirely conforming to the regulations within the applicable zoning district.
e)no additional building or structure not conforming to the requirements of this Ordinance shall be erected in connection with a nonconforming use of land.
§ 3.07
NONCONFORMING BUILDING OR STRUCTURE
Sec. 3.07 - NONCONFORMING BUILDING OR STRUCTURE
1)CONTINUANCE OF LEGAL NONCONFORMING USE/STRUCTURE. Where a lawful building or structure exists, at the effective date of adoption or amendment of this Ordinance, that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, location on the lot, bulk, or other requirements concerning the building or structure, the building or structure may remain so long as it remains otherwise lawful, subject to the following provisions:
a)A nonconforming building or structure may not be enlarged or altered in a way which increases its nonconformity, but any building or structure may be altered to decrease its nonconformity;
b)A non-conforming building which has been damaged by accidental fire, explosion, or act of God to the extent of more than fifty percent (50%) of its reproduction value shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than fifty percent (50%) of its reproduction value, a non-conforming building may be repaired or reconstructed and used as before the time of damage, provided that all portions of the structure being restored are not and were not on or over the property line, the non-conformity is not increased, and a Certificate of Occupancy is issued within eighteen (18) months of the date of the damage. This time period may be renewable for a single extension of an additional six months by making request to the Community Development Director. See Section 3.07(2) Exception for exceptions to this clause.
c)If a nonconforming building or structure is altered or moved for any reason for any distance or replaced, it shall thereafter conform to the regulations for the zoning district in which it is located and the discontinued legal nonconforming features shall not be resumed.
2)EXCEPTION.
a)A legal nonconforming single-family or two-family residence and/or its accessory structures which are located in a non-residential zoning district, but within an area that has developed primarily as a residential neighborhood, may be expanded and the expansion shall be for the purpose of continuing the residential use of the property.
The residential structure shall comply with the current setbacks required in the zoning district which most resembles the existing residential development in the area.
i)Any nonconforming structure or portion of a non-conforming structure may be altered to decrease its non–conformity, or in a way that neither increases nor decreases the non-conformity.
b)For residential lots, where any structure has encroached into a required setback and s uch encroachment was lawful at the time of construction, then further construction within the setback area vertical to the encroachment or parallel to the property line shall be allowed, so long as new construction does not encroach closer to the property line than the existing nonconfor mity. The remaining foundation of any partially demolished encroachment is sufficient evidence as a "structure" to vest the nonconformity under this provision.
c)The following buildings and structures in existence as of the passage date of this chapter shall be permitted to rebuild the primary structure subject to the rules and procedures indicated in Chapter V: Infill Development, provided that the foundation is intact and the location is confirmed via field survey by a licensed land surveyor:
i)Residential single-family buildings or structures that are located in single-family zones
ii)All currently existing business parks consisting of lots that have been developed conjointly with a minimum aggregate of ten (10) acres may be rebuilt subject to the requirements of Chapter V: Infill Development.
Rebuilt from the published figure · verify at source ↗
§ 3.08
REPAIR AND MAINTENANCE
Sec. 3.08 - REPAIR AND MAINTENANCE
1)On any legally established building or structure, or portion of a building or structure, or a building or structure containing a legally established nonconforming use, work may be done on ordinary repairs, or on repair or replacement of bearing and non-bearing walls, fixtures, wiring, or plumbing, provided that the cubic area existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or portion of any building or structure declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
2)If a legally established building or structure or portion of a building or structure or a building or structure containing a legally established nonconforming use becomes unsafe or unlawful by reason of physical condition and is razed, such building or structure shall not thereafter be rebuilt or used except in conformity with the regulations of the zoning district in which it is located. See Section 3.07 Nonconforming Building or Structure.
§ 3.09
DETERMINATION OF A NONCONFORMING USE
Sec. 3.09 - DETERMINATION OF A NONCONFORMING USE
1)In circumstances where there is question whether or not a legal nonconforming use exists, it shall be decided by the Community Development Director.
§ 3.10
TRANSITIONAL USES IN MIXED-USE DISTRICTS
Sec. 3.10 – TRANSITIONAL USES IN MIXED-USE DISTRICTS
1)In the Mixed Use (MXU) zoning district, existing single-family residential structures may continue to function as legally nonconforming uses under Chapter III - Nonconformities of this ordinance, except where said structures have not been occupied or established as a vested right at the adoption of this ordinance.
a)At no time shall an established single-family residential structure be subdivided so as to increase the number of residential units in said structure.
2)Structures originally constructed for single-family residential use, may be converted to a neighborhood commercial use in Table 4.3: Permitted and Conditional Uses, subject to commercial building codes and off-street parking requirements for specific development types.
3)Structures originally developed as single-family residential uses, and converted to a commercial use, may be restored to a single-family residential use so long as applicable residential building codes have been met.
4)Structures developed for commercial use shall not be converted to a residential use, except for a commercial/residential mixed-use conversion, where residential living space is located above a commercial use at street-level.
CHAPTER IV – ZONING DISTRICTS