City of Arlington Nonconforming Use Abandonment and Vacancy Rules
In the City of Arlington, a legal nonconforming use loses its protected status if it is discontinued or ceases for any reason for a period of more than 180 calendar days. Once this 180-day threshold is crossed, the use is legally considered abandoned, the right to operate the nonconforming use terminates, and any future use of the property must comply with the current regulations of the City of Arlington Unified Development Code [Section 11.2.5].
Loss of Legal Nonconforming Status in the City of Arlington
The City of Arlington Unified Development Code provides specific protections for land uses that were lawful before a code amendment but no longer conform to current zoning requirements. However, these protections are removed if the use is determined to be abandoned or if the structure housing the use is significantly damaged.
Abandonment and Re-establishment
Under the City of Arlington Unified Development Code, abandonment is defined primarily by the duration of the cessation of activity. If a property owner discontinues a nonconforming use but re-establishes it within 180 calendar days, the use may continue, provided the nature and degree of the nonconformity are not increased from the levels that existed before the use was interrupted [Section 11.2.5].
Structural Damage and Destruction
The right to maintain a nonconforming use in the City of Arlington is also tied to the physical integrity of the building. If a structure housing a nonconforming use is destroyed by any means to an extent exceeding 50 percent of its fair market value, the nonconforming use may not be re-established [Section 11.2.5]. In such cases, the property must be brought into compliance with the regulations of the zoning district in which it is located. If the damage is 50 percent or less of the fair market value, the City of Arlington may allow the nonconforming use to continue and the structure to be rebuilt, though it cannot be enlarged [Section 11.2.5].
Summary of Nonconforming Use Timelines and Thresholds
| Action or Event | Regulation Threshold | Consequence of Exceeding Threshold |
|---|---|---|
| Discontinuation of Use | 180 Calendar Days | Permanent loss of legal nonconforming status; must conform to current zoning [Section 11.2.5]. |
| Registration of Use | 12 Months from becoming nonconforming | Owner must obtain a Certificate of Occupancy to evidence legal existence [Section 11.2.2]. |
| Structural Destruction | > 50% of Fair Market Value | Use cannot be re-established; site must become conforming [Section 11.2.5]. |
| Partial Destruction | ≤ 50% of Fair Market Value | Structure may be rebuilt but not enlarged; use may continue [Section 11.2.5]. |
Administrative Requirements
The City of Arlington Unified Development Code places the burden of proof on the property owner to establish that a nonconformity is legal [Section 11.1.4]. To facilitate this, operators or owners of nonconforming uses are required to register the use with the City of Arlington Building Official within 12 months of the date the use became nonconforming [Section 11.2.2]. Obtaining a nonconforming Certificate of Occupancy serves as evidence of the legal status and protects the owner against claims of illegal use [Section 11.2.2].
Prohibited Changes to Nonconforming Uses
The City of Arlington limits the flexibility of nonconforming uses to prevent their indefinite expansion. A nonconforming use cannot be changed to another nonconforming use; it may only be changed to a conforming use allowed within the specific City of Arlington zoning district [Section 11.2.3]. Furthermore, once a nonconforming use has been converted to a conforming use, it is prohibited from ever changing back to a nonconforming status [Section 11.2.3].
Sections Cited
- Section 11.1.4, Determination of Nonconformity Status
- Section 11.2.2, Registration of Nonconforming Uses
- Section 11.2.3, Change of Use
- Section 11.2.5, Loss of Legal Nonconforming Status