Arlington County Zoning Enforcement and Penalties
Building or operating a property in a manner contrary to the Arlington County Zoning Ordinance is unlawful and subjects the owner, agent, or occupant to civil penalties starting at $200 or criminal misdemeanor charges with fines up to $1,000. Each day a violation continues constitutes a separate offense, and the Arlington County Zoning Administrator is authorized to revoke permits, order immediate corrective actions, or seek court-ordered injunctions [Section 17.1].
Enforcement Authority in Arlington County
The Arlington County Zoning Ordinance is enforced primarily by the Zoning Administrator. Under no circumstances will the Zoning Administrator approve a permit or Certificate of Occupancy if the proposed construction or use violates the ordinance [Section 17.2.A].
If a violation is discovered, the Zoning Administrator will notify the responsible party in writing, ordering the necessary actions to correct the violation. The County may also take any other legal action required to ensure compliance or prevent a violation [Section 17.2.B].
Penalties for Non-Compliance
Arlington County utilizes both civil and criminal penalties to address zoning violations. The severity and type of penalty often depend on whether the violation is corrected after the initial notice.
Civil Penalties
Most violations are initially treated as civil infractions. Upon an admission or finding of liability, the responsible party is subject to the following fine structure:
| Violation Status | Penalty Amount |
|---|---|
| First Violation | $200 |
| Subsequent Violations (same set of facts) | Up to $500 per violation |
| Maximum Total Civil Fines (same set of facts) | $5,000 |
No person can be cited for a civil violation more than once in any 10-day period. However, the total fines for a single set of facts cannot exceed $5,000 [Section 17.3.A].
Criminal Penalties
Certain violations are classified as misdemeanors. Any person convicted of violating any provision of the Arlington County Zoning Ordinance may be punished by a fine ranging from $10 to $1,000. If the violation is not corrected after conviction, the court will order the violator to abate the issue. Failure to do so within the court's timeframe constitutes an additional misdemeanor, punishable by a fine of $100 to $1,500 for each 10-day period the violation persists [Section 17.4].
The following specific acts are automatically treated as criminal violations:
- Posting any sign on public property or in public rights-of-way in contravention of the ordinance.
- Engaging in any land development activity without the applicable permit.
- Any violation that results in physical harm or injury to any person [Section 17.4.A].
Permit Revocation and Inspection
It is a violation of the Arlington County Zoning Ordinance to engage in any activity requiring a permit without first obtaining that permit. Furthermore, any permit issued based on a false statement of material fact is considered void. The Zoning Administrator will revoke such permits in writing. Anyone who continues work after a permit is revoked is deemed guilty of a violation [Section 17.1.B].
To determine if a violation exists, the Zoning Administrator or an authorized agent may seek an inspection warrant from a magistrate or court. This warrant allows County officials to enter the property or building for the purpose of identifying zoning violations [Section 17.4.C].
Appeals Process
Parties served with a violation notice or a civil summons/ticket have the right to stand trial in General District Court or appeal to the Board of Zoning Appeals.
- Standard Appeals: Most appeals must be filed within 30 days of the date of the violation notice [Section 17.3.B].
- Expedited Appeals: As provided by the Code of Virginia, violations related to the following must be appealed within 10 days:
- Parking of commercial trucks in residential districts.
- Exceeding maximum occupancy limitations of a residential dwelling unit [Section 17.3.C].
Sections Cited
- Section 17.1 Violations
- Section 17.2 Enforcement
- Section 17.3 Civil Penalties
- Section 17.4 Criminal Penalties