Rebuilding Damaged or Destroyed Nonconforming Structures in the City of Arlington

In the City of Arlington, a nonconforming structure damaged or destroyed to an extent greater than 50 percent of its fair market value generally cannot be re-established unless the new construction complies with all current Unified Development Code regulations [Section 11.4.5.A.1]. However, the City of Arlington allows nonconforming single-family dwelling units located in residential zoning districts to be reconstructed with substantially the same floor area even if damage exceeds 50 percent [Section 11.4.5.A.1]. For all nonconforming structures where damage is 50 percent or less of the fair market value, the City of Arlington permits rebuilding provided the structure is not enlarged [Section 11.4.5.A.2].

Regulations for Nonconforming Structures

A nonconforming structure is defined by the City of Arlington as a building or structure that was lawful prior to the adoption or amendment of the Unified Development Code but fails to conform to current development regulations regarding size, dimension, design, or location [Section 11.4.1].

The right to continue or rebuild such a structure after damage depends specifically on the degree of damage relative to the fair market value of the structure.

Rebuilding Standards by Damage Extent

Degree of Damage (Fair Market Value)	Structure Type	Rebuilding Permission and Conditions
50% or Less	All Structure Types	Rebuilding is allowed but the structure cannot be enlarged; requires a building permit [Section 11.4.5.A.2].
Greater than 50%	General Non-Residential, Mixed-Use, or Multi-Family	Re-establishment is prohibited unless the structure is brought into full compliance with all City of Arlington regulations [Section 11.4.5.A.1].
Greater than 50%	Single-Family Dwelling in Residential District	Rebuilding is permitted with substantially the same floor area, provided no other nonconformities are increased [Section 11.4.5.A.1].

Design and Development Standards Compliance

Regardless of the nonconforming status, the City of Arlington Unified Development Code stipulates that any structure damaged to the extent of 50 percent or more of its fair market value must ensure that all reconstruction or new construction fully complies with the "Design and Development Standards" established in Article 5 of the Unified Development Code [Section 5.1.3.B].

Nonconforming Uses

If a structure is housing a "nonconforming use" (a use of land not permitted in the current zoning district), additional restrictions apply if that structure is destroyed.

Major Damage (>50%): If a structure housing a nonconforming use is destroyed to the extent of more than 50 percent of its fair market value, the nonconforming use may not be re-established except in compliance with the regulations of the zoning district where it is located [Section 11.2.5.B.1].
Minor Damage (≤50%): If the damage does not exceed 50 percent of the fair market value, the City of Arlington may allow the nonconforming use to continue. The structure may be rebuilt but not enlarged, subject to the approval of a building permit [Section 11.2.5.B.2].

Maintenance and Repair

The City of Arlington permits incidental repairs and normal maintenance of nonconforming structures, provided these actions do not increase the extent of the nonconformity [Section 11.1.5]. This includes repairs necessary to correct damage or deterioration to the structural soundness or interior appearance of a building, as well as repairs required to remedy unsafe conditions that pose a threat to public safety [Section 11.4.3].

Sections Cited