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(a) General. The lawful use of land existing at the time of the passage of an ordinance making the use nonconforming, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance.
(b) Reversion not allowed. A nonconforming use if changed to conforming use may not thereafter be changed back to a nonconforming use. A nonconforming use if changed to a more restricted nonconforming use may not thereafter be changed unless to an equal or to a more restricted use.
(c) Resumption of discontinued nonconforming use not allowed.
(1) A nonconforming use, when discontinued or abandoned, shall not be resumed.
DISCONTINUANCE or ABANDONMENT shall be defined as follows:
a. When land used for a nonconforming use shall cease to be used in a bona fide manner for one calendar month;
b. When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a nonconforming use for a continuous period of 24 consecutive calendar months; and
c. When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of 12 consecutive calendar months.
(2) Upon evidence of hardship, the board of adjustment shall have the power to extend the above time limits not to exceed six months.
(Ord. 13896, passed 10-12-1999)
Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 75% of its reasonable value, by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Further, nothing in this chapter shall be taken to require a bufferyard, screening fence or building setback as identified in § 6.300, in order to restore a building that may have been partially destroyed by fire, explosion, or other casualty, or act of God, or the public enemy when such building is located on land adjacent to property or across the alley from property that for any reason is or has been rezoned to a one- or two-family district.
(Ord. 13896, passed 10-12-1999)
(a) Uses, yards or buildings. The provisions of this chapter shall also apply to uses, yards or buildings made nonconforming by subsequent amendments to zoning regulations.
(b) One family dwelling. Any existing one family dwelling, made nonconforming by the passage of a subsequent ordinance, may be altered or added to, provided such additions or alterations meet the requirements of the one family district.
(Ord. 13896, passed 10-12-1999; Ord. 23111-02-2018, § 1, passed 2-6-2018)
(a) (1) Where a lot of record created by plat has less width or lot area than this ordinance requires in the “A-2.5A” one-family through the “A-5” one-family residential zoning districts, the district standard for lot width or lot area shall not prohibit the erection of a detached one-family dwelling or an accessory structure associated with a detached one-family dwelling as allowed by the applicable one-family zoning district standards, provided that:
a. The lot size is at least 5,000 square feet and the lot width is at least 50 feet; or
b. In an “A-5” one-family district, the lot size and lot width do not vary more than 10% from the applicable standard.
(2) In accordance with the subdivision ordinance, property may not be platted or replatted into lots that do not meet the minimum lot width or lot size required by the applicable zoning district.
(b) Where a lot of record created by plat has less width or lot area than this ordinance requires in the “A-2.5A” One-Family through the “A-5” One-Family residential zoning districts, the district standards shall not prohibit the reconstruction of a detached one-family dwelling to the original footprint of the dwelling, provided such reconstruction is necessary due to fire, explosion or other casualty, act of God, or the public enemy. The owner must apply for a building permit within two years of the original destruction.
(c) A detached one-family dwelling may not be constructed or reconstructed on a nonconforming lot of record unless:
(1) Permitted under subsections (a) or (b) above; or
(2) The combined lot area and lot width of the nonconforming lot with an adjacent lot or lots under the same ownership comply with the zoning standards of the district.
(Ord. 13896, passed 10-12-1999; Ord. 17822, § 1, passed 10-2-2007)
(a) Nonconforming motor vehicle junk or storage yard. Any motor vehicle junk yard or storage yard existing on September 15, 1987, which does not comply with the provisions for motor vehicle junk yards or storage yards shall be deemed a nonconforming use. Such nonconforming uses were permitted to continue to operate as a nonconforming use until September 15, 1990, at which time they were deemed illegal.
(b) Existing nonconforming pawnshops. Any pawnshop legally in existence on January 17, 1987, shall be deemed to be a nonconforming use and shall meet all requirements for nonconforming uses; provided, however, that any such existing pawnshop which is nonconforming only as to the distance restrictions contained in § 5.125(a) that is destroyed by fire, explosion or other casualty, or act of God, or the public enemy, may be restored or rebuilt and such nonconforming use may be continued regardless of the extent of destruction to the building.
(c) Nonconforming sexually oriented businesses.
(1) Except for nonconforming adult entertainment cabarets subject to subsection (d) below, a sexually oriented business otherwise lawfully operating prior to December 21, 1993, that is in violation of the 1,000 foot distance regulation of § 5.200B shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be voluntarily changed by the operator to a conforming zoning use.
(2) If two or more sexually oriented businesses are located within 1,000 feet of one another and otherwise lawfully operating, the sexually oriented business which was first established and continually operating is deemed the conforming use and the later established business is deemed the nonconforming use.
(d) Nonconforming adult entertainment cabarets.
(1) An adult entertainment cabaret serving or providing alcoholic beverages in conjunction with the sexually oriented business activity and otherwise lawfully operating prior to December 21, 1993, that is in violation of the 1,000 foot distance regulation of § 5.200B shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be voluntarily changed by the operator to a conforming use.
(2) In lieu of the amortization process authorized pursuant to state law and the city’s prior versions of this article, a one-time exemption (“grandfather status”) from the enforcement of the 1,000-foot distance regulations only as established by § 5.200(b) (formerly § 18.B.) was provided to the operators as of December 21, 1993 of the following six existing adult entertainment cabaret locations that also serve or provide alcoholic beverages in conjunction with the sexually oriented business activity:
a. “Honky Tonk,” 2412 East Belknap;
b. “Illusions,” 7405 Highway 80 West;
c. “New Orleans Nights,” 7101 Calmont Street;
d. “Second Time Around,” 1603 N. E. 28th Street;
e. “The Showgirl,” 4617 Highway 377 South; and
f. “Sinbad’s,” 8128 Highway 80 West.
(3) Hereafter the operators as of December 21, 1993, of each of those locations listed in subsection (d)(2) above may continue to operate as an adult entertainment cabaret at their present location so long as the current or future operator remains in on-going compliance with this zoning ordinance and other city ordinance applicable to sexually oriented businesses. Any subsequent increase, enlargement, expansion, extension or alteration of any portion of the business or property shall automatically terminate this one-time exemption.
(4) Each operator as of December 21, 1993 of the adult entertainment cabarets listed in subsection (d)(2) above was issued one new specialized certificate of occupancy from the planning and development department upon the satisfactory completion of an up-to-date application form pursuant to former § 18C, comprehensive zoning ordinance, accompanied with the surrender of the business’ current certificate of occupancy. No charge or fee was required by the city for the first new certificate.
(5) City enforcement personnel shall also cooperate with the municipal courts of Fort Worth in seeking dismissal or non-prosecution of any citation written for violations of § 18A or 18B, comprehensive zoning ordinance, prior to December 21, 1993, as to the six locations specified in subsection (d)(2) above.
(6) a. In lieu of the amortization process authorized pursuant to state law and the city’s prior versions of this article, a one-time exemption (“grandfather status”) from the enforcement of the limitation to industrial districts as established by § 5.202 (formerly § 5.200B.) was provided to the operators as of September 27, 2004 of the following existing adult entertainment cabaret locations that also serve, provide or allow the consumption or the sale of alcoholic beverages in conjunction with the sexually oriented business activity:
Baby Dolls Topless Bar | 3601 Highway 157 |
Bright Lights Video 2 | 10355 North Freeway |
Franks Wild Life Club | 11050 George Court |
Golden Goddess | 9727 South Freeway |
Honky Tonk Topless Bar | 2412 E. Belknap Street |
House of Babes | 9317 South Freeway |
Illusions Men’s Club | 7405 Highway 80 W. |
Main Stage Topless Bar | 5000 Mark IV Parkway |
New Orleans Nights | 7101 Calmont Avenue |
Showcase Cabaret | 3929 Highway 157 |
Showcase II Topless Bar | 1928 Josh Road |
Showgirls Topless Bar | 4617 Highway 377 S. |
Sinbads Topless Bar | 8128 Hwy 80 W. |
Texas Cabaret | 1300 Northeast Loop 820 |
X-Otic Club | 719 N. Main Street |
T&A | 8701 South Freeway |
b. Hereafter, the operator as of September 27, 2004 of each of those locations listed in subsection (d)(6)a. above may continue to operate as an adult entertainment cabaret at their present location and zoning classification so long as the operator remains in on-going compliance with this zoning ordinance and the other city ordinances applicable to sexually oriented businesses.
(7) a. In lieu of the amortization process authorized pursuant to state law and the city’s prior versions of this article, a one-time exemption (“grandfather status”) from the enforcement of the 1,500 foot distance requirement on I-30 and I-35 as established by § 5.202 (formerly § 5.200B.) was provided to the operators as of September 27, 2004 of the existing adult entertainment cabaret locations listed in subsection (d)(6) above that also serve, provide or allow the consumption or the sale of alcoholic beverages in conjunction with the sexually oriented business activity.
b. Hereafter, the operator as of September 27, 2004 of each of those locations listed in subsection (d)(6) above may continue to operate as an adult entertainment cabaret at their present location and zoning classification so long as the operator remains in on-going compliance with this zoning ordinance and the other city ordinances applicable to sexually oriented businesses.
(8) The one-time exemption from the enforcement of the 1,000 or 1,500 foot distance or zoning category regulation, as applicable, shall not in any way affect or prejudice the right of the City of Fort Worth to enforce any other ordinance, existing or subsequently enacted, regulating sexually oriented business activity.
(e) Nonconforming one-family or two-family carports. Notwithstanding any provisions in the ordinance to the contrary, any carport which was added to the front of a one-family or two-family residence before January 18, 2003 (as verified by aerial photos from January 1, 2003) shall be deemed legal nonconforming and may continue to exist subject to the following:
a. The owner of the property applied for a special exception from the board of adjustment prior to September 1, 2004;
b. An application for a building permit for the front yard carport on the property is filed with the city prior to March 1, 2008; and
c. The building permit for the front yard carport is finaled by the city no later than one year after the application date of the initial filed building permit unless an extension of time to receive the finaled building permit is approved by the development services director or his or her designee.
(f) Nonconforming parking for multifamily uses. Parking for multifamily units approved prior to the adoption of the unified residential development standards effective March 1, 1971, shall be permitted to meet the prior parking standard of one parking space per four dwelling units plus one parking space per four bedrooms in excess of one bedroom per unit.
(g) Nonconforming hotel screening fence. Any screening fence erected along the perimeter of any hotel property adjacent to a street, alley or right-of-way prior to December 14, 1986, was required to be relocated or removed no later than January 1, 1990.
(h) Nonconforming signs. See § 6.405.
(i) Docks, piers and boathouses. A property owner wanting to claim legal nonconforming status under this chapter must register with the City of Fort Worth, planning and development department by December 31, 2011. The registration must include a digital photo of the existing dock.
(Ord. 13896, passed 10-12-1999; Ord. 16000, § 1, passed 6-8-2004; Ord. 16118, § 4, passed 9-14-2004; Ord. 16244, § 1, passed 12-21-2004; Ord. 17522, § 5, passed 4-24-2007; Ord. 17698, § 1, passed 8-9-2007; Ord. 19515-01-2011, § 3, passed 1-4-2011; Ord. 24030-02-2020, § 22, passed 2-4-2020)
A lot, tract or parcel occupied by a lawful structure that complies with the development regulations or a use of land that complies with the use regulations shall not be rendered nonconforming due to the acquisition of right-of-way by the exercise of eminent domain or threat of eminent domain by a governmental entity. Such designation shall apply only to noncompliance that results from the acquisition of right-of-way, but shall not apply to noncompliance that results from future zoning ordinance amendments.
(Ord. 18104, § 1, passed 5-20-2008)