Arlington County Nonconforming Use Vacancy and Discontinuance Standards
In Arlington County, a nonconforming use of a building or structure may remain vacant or be discontinued for a maximum of two years before it loses its legal nonconforming status. Once a nonconforming use has been discontinued for more than two consecutive years, any future use of the building, structure, or premises must comply with the current regulations of the Arlington County Zoning Ordinance for the district in which it is located.
Discontinuance Limits for Nonconforming Status
Under the Arlington County Zoning Ordinance, the legal protections afforded to a nonconforming use—meaning a use that was lawful when established but is no longer permitted due to subsequent zoning changes—are contingent upon the continuous operation of that use.
Nonconforming Uses in Buildings or Structures
The Arlington County Zoning Ordinance specifies that the right to operate a nonconforming use in a building or structure is maintained only as long as the existing use continues [§16.3.1.A]. If the specific activity or occupancy associated with that nonconforming use ceases for a period exceeding 24 months, the status is forfeited.
Nonconforming Use of Land
For nonconforming uses of land where no main building is involved (such as certain storage yards or outdoor operations), the Arlington County Zoning Ordinance is more stringent. Legal status is lost if the use is discontinued or changed at all [§16.3.2.B]. Unlike buildings, the text for land uses does not provide an explicit two-year grace period, stating simply that if the use is discontinued, future use must be in conformity with Arlington County regulations.
Nonconforming Signs
Similar to buildings, nonconforming signs in Arlington County are subject to an abandonment rule. If a sign is discontinued for more than two years and is not continued in its existing structural condition, it must be brought into compliance with current Article 13 standards or be removed [§13.17.4].
Summary of Discontinuance Timeframes
The following table outlines the allowable periods of discontinuance or vacancy for various nonconforming entities within Arlington County before they must comply with current zoning requirements:
| Nonconforming Category | Maximum Discontinuance Period | Requirement Upon Expiration |
|---|---|---|
| Use of Buildings or Structures | 2 Years | Full compliance with current district regulations [§16.3.1.A.1(c)] |
| Use of Land (No Main Building) | Immediate (upon discontinuance) | Full compliance with current district regulations [§16.3.2.B] |
| Signs (Article 13) | 2 Years | Removal or compliance with current sign standards [§13.17.4] |
| Special Exception Use Permits | 2 Years | Use permit becomes void [§15.4.5] |
Conditions for Maintaining Status
To avoid losing legal nonconforming status during a period of vacancy or change, Arlington County property owners must adhere to the following:
- Change to Restricted Classification: A nonconforming use may be changed to a use of the same or a more restricted classification. However, once a use is changed to a more restricted classification, it cannot be changed back to a less restricted classification [§16.3.1.A.1(b)].
- Expansion Prohibitions: A nonconforming use cannot be expanded or extended into any other portion of a conforming building or structure [§16.3.1.B].
- Repairs and Alterations: Interior repairs and non-structural alterations are generally permitted in nonconforming dwellings and structures in the R and RA districts, provided the work is contained entirely within the existing exterior walls [§16.2.3.B].
Sections Cited
- Section 13.17.4 (Abandonment [Signs])
- Section 15.4.5 (Period of Validity [Use Permits])
- Section 16.2.3.B (Repairs, alterations [Nonconforming])
- Section 16.3.1.A (Continuation and change of use)
- Section 16.3.1.B (Expansion prohibited; discontinuance)
- Section 16.3.2 (Nonconforming use of land)