Nonconforming Buildings and Structures in Arlington County
In Arlington County, a legal nonconforming structure is any building that was lawfully established at the time the Zoning Ordinance became effective but no longer complies with current regulations for the district in which it is located. These structures are generally permitted to be maintained and repaired, but additions must typically conform to current Arlington County standards, and structures damaged by fire or natural disaster must be rebuilt within specific timeframes. One-family and two-family dwellings in residential districts benefit from specific exceptions, allowing them to be rebuilt within their original footprint or expanded in alignment with existing wall lines under certain conditions.
Maintenance and Repairs
Arlington County permits the continued maintenance of nonconforming buildings and structures. Generally, repairs and alterations may be made provided they do not involve structural alterations unless those alterations are required by law or other County ordinances [§16.2.2, §16.2.3].
Residential Exceptions
Notwithstanding general restrictions, the following structure types in the specified Arlington County districts are permitted to perform interior repairs and alterations (whether structural or non-structural), provided the work is entirely contained within the existing exterior walls:
- Nonconforming one-family and two-family dwellings in R districts and RA districts.
- Nonconforming accessory buildings and structures in R districts and RA districts.
- Nonconforming townhouses and multifamily dwellings in R2-7 and RA districts [§16.2.3.B].
Additions and Enlargements
The rules for expanding a nonconforming structure in Arlington County depend on the nature of the nonconformity and the zoning district.
| Scenario | Requirement |
|---|---|
| General Addition | The building or structure, including the new addition, must be made to conform to all current regulations of the district [§16.2.4.A]. |
| Height, Placement, or Lot Coverage Nonconformity | Additions are prohibited unless the addition itself conforms to all district regulations and the total aggregate floor area of all additions does not exceed 50% of the floor area existing as of July 15, 1950 [§16.2.4.B]. |
| Lacking Sufficient Parking | A building lacking required parking may be altered or expanded only if additional automobile parking is supplied to meet the requirements of §14.3 for the entire building [§16.2.4.C]. |
| Residential Encroachments | In districts such as R-5, R-6, R-8, R-10, R-20, and R2-7, one-family and two-family dwellings may construct additions over an existing wall that encroaches on a setback, provided the new addition does not encroach further than the existing wall below it [§16.2.4.E.5(a)]. |
Restoration of Damaged Buildings
Arlington County allows for the repair or replacement of nonconforming residential or commercial structures damaged by fire, flood, wind, earthquake, or other "force majeure" events [§16.2.5.A].
Timeframes for Rebuilding
To maintain nonconforming status, repairs or replacement must typically be initiated within two years.
| Event Type | Rebuilding Deadline |
|---|---|
| Standard Calamity | Repairs/replacement must be completed within two years of the disaster [§16.2.5.C]. |
| Federal Disaster Declaration | If the building is in an area under a federal disaster declaration, the owner has four (4) years to complete repairs or replacement [§16.2.5.C]. |
Residential Reconstruction
Existing nonconforming one-family and two-family dwellings and their accessory structures in Arlington County are permitted to be rebuilt within their original building footprint, height, and number of stories if they were destroyed by fire, wind, earthquake, or other force majeure [§16.2.5.D].
Public Acquisition and Moving
If a building or structure becomes nonconforming—or further noncompliant—because Arlington County acquires a portion of the lot for public purposes (such as road widening), the structure is treated as a legal nonconforming building [§16.5.1].
If a nonconforming building is moved, it must be relocated to a position on the lot where it conforms to all the regulations of the district in which it is located [§16.2.4.D].
Sections Cited
- §16.2 Nonconforming Buildings and Structures
- §16.2.2 Maintenance permitted
- §16.2.3 Repairs, alterations
- §16.2.4 Additions, enlargements, moving
- §16.2.5 Restoration of damaged building
- §16.5 Nonconforming Due to Public Acquisition of Land
- §18.2 General Terms Defined (Nonconforming building)