Legal Nonconforming Uses in the City of Arlington
A legal nonconforming use in the City of Arlington is a land use that was lawfully established before the current Unified Development Code was adopted or amended but no longer complies with the city's active zoning regulations. These "grandfathered" uses are permitted to continue provided they are registered with the Building Official within 12 months and are not discontinued for more than 180 consecutive calendar days.
General Policies and Registration
The City of Arlington classifies any use, structure, or lot that legally existed on July 10, 2014, as a legal nonconformity if it does not meet the standards of the updated Unified Development Code [Section 1.6.3]. The primary objective of the City of Arlington is to allow these uses to continue while curtailing further investment in them to encourage eventual improvement or elimination to match current standards [Section 11.1.2].
To maintain legal status, the operator or owner of a nonconforming use in the City of Arlington must register the use by obtaining a nonconforming certificate of occupancy from the Building Official. This registration must occur within 12 months of the date the use became nonconforming [Section 11.2.2].
Operational Limits and Changes
The City of Arlington strictly limits how a nonconforming use may be modified or expanded. A nonconforming use may only be changed to a conforming use allowed in its specific zoning district; once it is converted to a conforming use, the City of Arlington prohibits it from ever returning to a nonconforming status [Section 11.2.3].
Regarding physical expansion, the City of Arlington mandates that there shall be no increase in the floor area or land area devoted to a nonconforming use beyond the scope and area of its operation at the time the use became nonconforming [Section 11.2.4].
| Regulation Category | Standard/Threshold |
|---|---|
| Registration Deadline | Within 12 months of becoming nonconforming |
| Abandonment Period | 180 consecutive calendar days |
| Destruction Threshold for Loss of Status | More than 50% of fair market value |
| Max Expansion of Floor/Land Area | 0% (No increase permitted) |
| Appeal/Variance Decision Authority | Zoning Board of Adjustment |
Loss of Nonconforming Status
A property owner in the City of Arlington may lose their legal nonconforming status through abandonment or destruction.
Abandonment
If a nonconforming use is discontinued or ceases for a period of more than 180 calendar days, the City of Arlington considers the use abandoned. Once abandoned, the legal nonconforming status is permanently lost, and any future use of the property must comply with the current regulations of the assigned zoning district [Section 11.2.5.A].
Damage or Destruction
If a structure housing a nonconforming use is destroyed by any means to an extent exceeding 50 percent of its fair market value, the use cannot be re-established unless it fully complies with the City of Arlington zoning regulations for that district. If the damage is 50 percent or less of the fair market value, the nonconforming use may continue, and the structure may be rebuilt, though it cannot be enlarged [Section 11.2.5.B].
Amortization of Nonconforming Uses
The City of Arlington City Council or the Zoning Administrator may request that the Zoning Board of Adjustment initiate proceedings to "amortize" (permanently terminate) a nonconforming land use. The Zoning Board of Adjustment may require the termination of a use under a plan that allows the owner to recover the value of the structure and facilities over a definite period. In determining this period, the City of Arlington considers:
- The owner's capital investment at the time the use became nonconforming.
- The amount of investment realized to date.
- The life expectancy of the investment [Section 11.6.1, 11.6.2].
Nonconformity Due to City Action
The City of Arlington provides an exception for properties that become nonconforming because of government action, such as the exercise of eminent domain or the widening of an abutting street. If the City of Arlington reduces a lot's size through such actions, the structure or use is not considered nonconforming regarding specific requirements like lot area, setbacks, or required off-street parking [Section 11.1.9].
Illegal Uses
The City of Arlington does not grant nonconforming status to any use that operates unlawfully. Immediate termination is required for uses that:
- Lack a valid permit or Certificate of Occupancy.
- Violate a state or federal statute.
- Violate any City of Arlington ordinance [Section 11.7.1].
Sections Cited
- Section 1.6.3, Legal Nonconformities Under Prior Regulations
- Section 1.6.4, Uses, Lots, Structures, and Sites Rendered Nonconforming
- Section 11.1.1, Purpose
- Section 11.1.2, General Policy
- Section 11.1.9, Nonconformity Due to City Action
- Section 11.2.1, General
- Section 11.2.2, Registration of Nonconforming Uses
- Section 11.2.3, Change of Use
- Section 11.2.4, Enlargement or Extension of Nonconforming Use
- Section 11.2.5, Loss of Legal Nonconforming Status
- Section 11.6.1, Initiation of Proceedings
- Section 11.6.2, Consideration by Zoning Board of Adjustment
- Section 11.7.1, Immediate Termination of Illegal Uses
- Section 12.7.1, Other Terms Defined (Nonconforming Use)