Zoning Violations

Font Size: + -

Feedback Print

What is a Zoning Violation?

A Zoning violation occurs when a property or use does not meet the regulations as governed by the City of Fairfax Zoning Ordinance. The Zoning Ordinance is the legislative act adopted by the City Council and it is designed to promote the health, safety, and welfare of City citizens. The City Zoning Inspector investigates concerns that may be a Zoning violation.

Common concerns that may be a Zoning violation include:

Accessory Structures (such as sheds, detached garages, play structures, etc)
Accessory Dwelling Units
Accessory Uses (Bees & Chicken)
Buildings Too Close to Property Lines
Businesses Established without Approvals
Donation Bin Location
Driveways (New or expansion of existing)
Fence and Wall Height or Location
Floodplain & RPA Concerns
Home Occupations/Businesses
Lot Coverage
Noise Exceeding Maximum Permitted Noise Levels (between 7 AM to 11 PM)
Noise from lawn maintenance equipment (from 8 PM to 8 AM)
Occupancy Concerns (STR, Multiple Dwellings, or Over-Occupancy)
Outdoor Lighting Glare from Commercial Properties
Outdoor Storage
Parking on Grass
Signage (Prohibited, Excessive, or New)
Special Events
Storage Pods
Tree Removals

How can I report a possible Zoning violation?

Fairfax City Resolve (3-1-1)
- Visit the City of Fairfax website at: www.fairfaxva.gov and click on the “Report” button. Enter the address of the property and describe your concern in detail. Photographs can also be attached to the concern. The Zoning Inspector may contact you for additional information or to request access to your property to view the concerns.
Alleged Zoning Violation Form
- Complete and submit the online fillable form

After a complaint is reported, the Zoning Inspector will investigate the concern to see if a violation exists.

How will the Zoning Inspector determine if there is a violation?

The Zoning Inspector will visit the property indicated in the concern to investigate the circumstances and site conditions related to the complaint. The investigation may include taking photographs, talking with residents, visiting neighboring properties, leaving informational flyers, or doing online research. Each case is unique and may not involve all these steps. The goal of the Zoning Inspector is to get the property into compliance with the Zoning Ordinance.

If the Zoning Inspector finds that there is a violation of the Zoning regulations, then a Notice of Violation (or Correction Order) may be mailed out to the property owners and/or tenants.

How can I respond to a Notice of Violation and Correction Order for my property?

Contact the Zoning Inspector and request a meeting to discuss the concern(s).
- (703) 385-7820 or Zoning@fairfaxva.gov
Abate (or correct) the violation(s)
- The Notice of Violation and Correction Order will have a section, “Corrective Action Required.” Review the action required to correct and contact the inspector if you have any questions.
If you cannot immediately correct the violation, you may submit a written Plan of Correction (P.O.C.) to the Zoning Inspector within 30 days of the Notice of Violation date for review and approval by the Zoning Administrator.
Alternatively, you may file a written Notice of Administrative Appeal with the Secretary of the Board of Zoning Appeals within 30 days of receiving the Notice of Violation. The Board Secretary will notify the Board and schedule a date for the appeal hearing. The Board must act within 90 days of the appeal notice.

How can I respond to a Summons for Civil Penalty for a Zoning Violation?

Contact the Zoning Inspector to discuss how to correct the cited violation.
- (703) 385-7820 or Zoning@fairfaxva.gov
Prepay the fine using the instructions on the reverse side of the ticket and correct the cited violation as explained by the Zoning Inspector. Request a reinspection to avoid receiving a subsequent ticket.
Alternatively, you may appear in court to contest the alleged violation. On the assigned court date, you will be asked by the court to make a plea. You can plead not guilty, guilty, or no contest. If you contest the violation by pleading “not guilty” a trial may result. The trial would provide you with an opportunity to contest the violation and present evidence that you are not in violation. Guilty and no contest pleas may result in the court assigning a fine and possibly ordering the violation to be corrected and reinspected to confirm compliance with the final court order. If you fail to appear on the court date, judgment may be entered against you.