Legal Nonconforming Structure Regulations in the City of Arlington
Legal nonconforming structures in the City of Arlington may continue to exist and undergo routine maintenance, but they generally cannot be re-established if destroyed beyond 50% of their fair market value, unless they are single-family homes. While minor repairs are permitted to maintain structural soundness, any enlargement or expansion of a nonconforming structure must fully comply with the current development standards of the applicable Arlington zoning district [Section 11.4.1, Section 11.4.5].
Overview of Nonconforming Status
A nonconforming structure is defined by the Arlington Unified Development Code as any building or structure that was lawfully established prior to the adoption or amendment of the Code but no longer complies with current standards such as setbacks, height, or floor area ratio [Section 11.4.1].
The City of Arlington permits these structures to continue to be used for any use allowed within their underlying zoning district, including other legal nonconforming uses [Section 11.4.2]. The status of a nonconforming structure is tied to the land and is not affected by changes in tenancy, management, or ownership [Section 11.1.6]. However, the burden of proof for establishing that a structure is a legal nonconformity rests entirely with the property owner [Section 11.1.4].
Maintenance and Expansion
The City of Arlington allows for the continued upkeep of nonconforming structures provided these actions do not increase the degree of nonconformity.
Permitted Maintenance and Minor Repairs
Owners may perform incidental repairs and normal maintenance to ensure the structural integrity or interior appearance of the building. This includes:
- Repairs necessary to correct damage or deterioration.
- Maintenance of land areas to protect against health hazards.
- Repairs required by a public official to remedy unsafe conditions [Section 11.4.3].
Enlargement and Expansion
A nonconforming structure may be enlarged or expanded only if the new addition itself complies with all provisions of the Arlington Unified Development Code established for the specific district. The expansion must also adhere to all other applicable City of Arlington ordinances [Section 11.4.4].
Damage, Destruction, and Re-establishment
The ability to rebuild a nonconforming structure in the City of Arlington depends heavily on the extent of the damage and the type of residential use.
| Extent of Damage / Type of Structure | Re-establishment Rule |
|---|---|
| Destruction > 50% of Fair Market Value | Cannot be re-established except in full compliance with all current zoning district regulations [Section 11.4.5.A.1]. |
| Destruction ≤ 50% of Fair Market Value | May be rebuilt to its previous state (but not enlarged) upon approval of a building permit [Section 11.4.5.A.2]. |
| Single-Family Dwelling Units (Residential Districts) | May be reconstructed with substantially the same floor area regardless of the 50% destruction rule, provided no new nonconformities are created [Section 11.4.5.A.1]. |
Exceptions and Special Conditions
The City of Arlington recognizes specific scenarios where a structure's nonconforming status may be modified or protected.
Conforming Status via Variances
If a property owner is granted a variance or modification by the City of Arlington Zoning Board of Adjustment for a specific development standard, that feature is no longer considered nonconforming and is instead deemed conforming [Section 11.1.7].
Nonconformity Due to City Action
If the City of Arlington reduces a lot's size through eminent domain or street widening, and this action causes a structure to violate setbacks or lot coverage limits, the structure is granted "conforming status" for the following specific impacts:
- The amount of square footage removed from the minimum lot area.
- The number of linear feet removed from required front, side, or rear setbacks.
- Increased percentage of lot coverage directly caused by the City's acquisition [Section 11.1.9].
Termination by Authority
The City of Arlington Zoning Board of Adjustment maintains the right to initiate proceedings to terminate or amortize a nonconforming structure to bring the property into compliance with the general character of the neighborhood [Section 11.4.5.B, Section 11.6.2].
Sections Cited
- Section 11.1.4: Determination of Nonconformity Status
- Section 11.1.6: Tenancy and Ownership
- Section 11.1.7: Exception Due to Variance or Modification
- Section 11.1.9: Nonconformity Due to City Action
- Section 11.4.1: General (Nonconforming Structures)
- Section 11.4.2: Continuation of Use
- Section 11.4.3: Maintenance and Minor Repair
- Section 11.4.4: Enlargement and Expansion
- Section 11.4.5: Loss of Nonconforming Status; Damage or Destruction
- Section 11.6.2: Consideration by Zoning Board of Adjustment