Nonconforming Use and Structure Regulations in Arlington County
In Arlington County, a nonconforming use is a land use that lawfully occupied a building or land at the time the zoning ordinance became effective but no longer conforms to the current use regulations of its specific zoning district. These "grandfathered" uses are permitted to continue indefinitely provided they are not discontinued for more than two consecutive years and are not changed to a less restricted use classification.
General Principles of Nonconformity in Arlington County
Arlington County defines a nonconforming use as any use that was legal at the time of its inception or at the time of a previous ordinance adoption but has since become prohibited by updated zoning standards [§18.2]. The Arlington County Zoning Ordinance provides a framework to balance the rights of property owners to maintain these established uses with the long-term goal of bringing all land uses into compliance with current district standards.
Rules for Nonconforming Uses within Buildings
A nonconforming use of a building or structure in Arlington County is subject to specific limitations regarding its continuation, change, and expansion.
Continuation and Change of Use
The Arlington County Zoning Ordinance allows for the continuation of a nonconforming use that existed when the ordinance became effective, subject to the following restrictions:
| Action | Regulation |
|---|---|
| Change of Use | May only be changed to a use of the same or a more restricted classification [§16.3.1.A.1(a)]. |
| Reversion | Once a use is changed to a more restricted classification, it cannot be changed back to a less restricted one [§16.3.1.A.1(b)]. |
| Discontinuance | If a nonconforming use is discontinued for more than two years, it may only be resumed as a conforming use or a more restricted use [§16.3.1.A.1(c)]. |
| Expansion | A nonconforming use of a conforming building (e.g., a commercial use in a residential dwelling) cannot be expanded into any other portion of the structure [§16.3.1.B]. |
Repairs and Alterations
Arlington County permits certain repairs to buildings housing nonconforming uses. Interior repairs and alterations, whether structural or non-structural, are permitted for nonconforming one- and two-family dwellings and nonconforming accessory buildings in R and RA districts, provided the work is wholly contained within the existing exterior walls [§16.2.3.B].
Nonconforming Use of Land
When a nonconforming use involves land where no main building is present, Arlington County applies stricter limitations to prevent the "grandfathered" status from increasing the degree of nonconformity.
- Expansion Prohibited: The nonconforming use of land shall not be expanded or extended into any other portion of the same property or onto adjoining property [§16.3.2.A].
- Future Conformity: If the nonconforming use of land is discontinued or changed, any future use of that land must conform to the provisions of the current Arlington County Zoning Ordinance [§16.3.2.B].
- Existing Signage: Lawful signs, billboards, or statuary existing at the time the ordinance became effective may continue even if they do not conform to current standards [§16.3.2.C].
Nonconformity Due to Reclassification
If a property in Arlington County becomes nonconforming due to a reclassification of the zoning district (rezoning), the same general rules for nonconforming uses apply [§16.4]. However, if the County Board specifies a particular period of years for the removal of certain nonconforming buildings or uses during the reclassification process, that specific timeframe will supersede general continuation rights [§16.4].
Nonconforming Signs
Arlington County maintains specific regulations for signs that were legal at the time of installation but no longer meet current Article 13 standards.
- Prohibited Modifications: A nonconforming sign may not be modified in any way that increases its size, its degree of nonconformity, or its useful life. Replacing any part of the support structure is considered a prohibited prolongation of the sign's life [§13.18.3.A.1].
- Luminance Standards: All nonconforming signs in Arlington County were required to be brought into conformity with current luminance (brightness) levels by January 1, 2023 [§13.18.3.A.3].
- Replacement: The Zoning Administrator may approve the replacement of a nonconforming sign with another nonconforming sign only if the new sign achieves a "substantial reduction" in the degree of nonconformity and complies with all current provisions for lighting, motion, and changeable copy [§13.18.3.C].
Sections Cited
- §13.18 Nonconforming Signs
- §13.18.3 Changes to nonconforming signs
- §16.2.3 Repairs, alterations
- §16.3 Nonconforming Uses
- §16.3.1 Buildings
- §16.3.2 Nonconforming use of land
- §16.4 Nonconforming Due to Reclassification
- §18.2 General Terms Defined