Modifying and Expanding Nonconforming Buildings in the City of Arlington
Property owners in the City of Arlington may expand a nonconforming structure provided that the enlargement or expansion itself complies with all current provisions of the Unified Development Code for the district in which it is located. While maintenance and incidental repairs are generally permitted, external additions that increase a structure's size by more than 30 percent require the entire building and site to be brought into full compliance with modern City of Arlington design and development standards.
General Modification and Maintenance Policies
The City of Arlington defines a nonconforming structure as a building that was lawful prior to the adoption or amendment of the current Unified Development Code but fails to conform to current regulations regarding size, dimension, design, or location [Section 11.4.1].
The City of Arlington permits property owners to perform incidental repairs and normal maintenance on nonconforming structures. This includes repairs necessary for structural soundness, the correction of interior appearance, and the remediation of unsafe conditions or health hazards, provided these actions do not extend or expand the nonconforming portion of the structure [Section 11.1.5, Section 11.4.3].
Scaled Requirements for External Additions
When a property owner seeks to add to a structure that existed as of the effective date of the City of Arlington Unified Development Code, the level of required compliance is based on the scale of the addition.
| Addition Size (Relative to Entire Structure) | Required Compliance Standards in the City of Arlington |
|---|---|
| Less than 10 Percent | The entire site must comply with residential screening, mechanical/utility equipment screening, and service/loading area screening. Non-residential and mixed-use structures must also meet street tree requirements [Section 5.1.3.A.1]. |
| Between 10 and 30 Percent | The entire site must meet the standards for the "Less than 10%" category, plus full parking lot landscaping and screening. Non-residential or mixed-use structures must also meet specific facade color and covered entryway standards [Section 5.1.3.A.2]. |
| More than 30 Percent | The addition must match the character of the existing structure, and the entire structure and development site must comply with all current Article 5 standards of the City of Arlington Unified Development Code [Section 5.1.3.A.3]. |
Impact of Damage or Destruction on Modifications
The ability to modify or rebuild a nonconforming structure in the City of Arlington is significantly restricted if the building is damaged. If a structure is damaged by any means to the extent of 50 percent or more of its fair market value, it may not be re-established except in total compliance with all City of Arlington regulations for its specific zoning district [Section 11.4.5.A.1].
| Extent of Damage | Re-establishment Policy in the City of Arlington |
|---|---|
| Under 50% of Fair Market Value | The nonconforming use may continue and the structure may be rebuilt, but it cannot be enlarged [Section 11.2.5.B.2, Section 11.4.5.B.2]. |
| 50% or More of Fair Market Value | All reconstruction or new construction must fully comply with all current City of Arlington design and development standards [Section 5.1.3.B, Section 11.4.5.A.1]. |
Note on Residential Exceptions: Single-family dwelling units in City of Arlington residential zoning districts may be reconstructed with substantially the same floor area after major damage, provided there is no increase in any other nonconformity [Section 11.4.5.A.1].
Termination of Nonconforming Status
Property owners must be aware that the right to maintain or modify a nonconforming building can be lost through abandonment. If a nonconforming use within a structure is discontinued for a period of more than 180 calendar days, the use is considered abandoned, and any subsequent use of the property must comply with the current regulations of the City of Arlington zoning district in which it is located [Section 11.2.5.A]. Additionally, the City of Arlington Zoning Board of Adjustment has the authority to initiate proceedings to amortize and terminate a nonconforming land use or structure [Section 11.6.1].
Sections Cited
- Section 5.1.3, Existing Structures
- Section 11.1.5, Repairs and Maintenance
- Section 11.2.5, Loss of Legal Nonconforming Status
- Section 11.4.1, General (Nonconforming Structures)
- 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 11.6.1, Initiation of Proceedings (Amortization)