Rebuilding Damaged or Destroyed Nonconforming Buildings in Arlington County
Nonconforming buildings in Arlington County that are damaged or destroyed by fire, flood, wind, or other calamity may be repaired, rebuilt, or replaced provided the process aims to eliminate or reduce the nonconformity to the extent possible. While general structures must typically complete repairs within two years, Arlington County allows nonconforming one-family and two-family dwellings to be rebuilt within their original footprint, height, and story count if the damage resulted from a force majeure event.
General Restoration Standards
In Arlington County, any nonconforming residential or commercial building or structure damaged by a calamity or public enemy can be legally rebuilt without obtaining a variance from the Board of Zoning Appeals, provided the new structure eliminates or reduces the nonconformity as much as possible [§16.2.5.A]. The occupancy or use that existed at the time of the damage may be continued or resumed once the building is restored [§16.2.5.A].
Rebuilding Requirements and Timelines
Arlington County mandates specific timelines for the restoration of nonconforming buildings. Failure to meet these timelines may result in the loss of nonconforming status.
| Standard Category | Regulation in Arlington County |
|---|---|
| General Completion Timeline | Must be repaired or replaced within two years of the disaster or force majeure [§16.2.5.C]. |
| Federal Disaster Extension | If the building is in a federal disaster area, the owner has an additional two years (four years total) to complete repairs [§16.2.5.C]. |
| One- and Two-Family Dwellings | Permitted to be rebuilt within the exact building footprint, height, and stories as they existed prior to the damage [§16.2.5.D]. |
| Coverage Requirements (2005) | Buildings nonconforming to Nov. 15, 2005 coverage rules must commence rebuilding within two years of damage to retain that footprint [§3.2.5.A.1]. |
| Discontinuance of Use | If the nonconforming use of a building is discontinued for more than two years, it may not be resumed [§16.3.1.A.1(c)]. |
Definition of Force Majeure
The Arlington County Zoning Ordinance defines "force majeure" to include specific natural and man-made disasters that trigger these rebuilding rights. These include:
- Hurricanes, tornadoes, and storms.
- Floods, high water, and wind-driven water.
- Tidal waves and earthquakes.
- Fire caused by lightning, wildfire, or accidental fire (excluding arson).
- Incidents of terrorism or war [§16.2.5.E].
Special Exceptions and Limitations
While Arlington County provides a path for rebuilding, there are strict limitations on modifications during the process:
- Expansion Prohibited: A nonconforming building or structure in Arlington County shall not be added to or expanded unless the new additions conform to all current regulations of the district in which it is located [§16.2.4.A].
- Encroachments: Nonconforming one-family and two-family dwellings permitted to add on under §10.4 may construct an addition over an existing encroaching wall, provided the addition does not exceed the encroachment of the wall below it and does not take place over encroaching porches or garages [§16.2.4.E.5(a)].
- Maintenance: Owners are prohibited from allowing a nonconforming structure to fall into a state of disrepair that produces a detrimental effect on the character of a historic district [§11.3.5.C].
Sections Cited
- §3.2.5.A.1, One-family dwellings
- §11.3.5.C, General maintenance; public safety
- §16.2.4, Additions, enlargements, moving
- §16.2.5, Restoration of damaged building
- §16.3.1.A.1, Continuation and change of use