The County now has some parts of the code up:

• Animal control

• Animal noise - barking

Here is the definition of "Family" used for Single-Family Areas:

Family:

(a) An individual, or two (2) or more persons related by blood, marriage or adoption, or under approved foster care; or

(b) A group of not more than four (4) persons (including servants) whether or not related by blood or marriage living together and sharing living areas in a dwelling unit: or

(c) A group of up to eight (8) mentally ill, mentally retarded or developmentally disabled persons who are residing with one (1) or more resident counselor(s) or other staff person(s) in a facility which is licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services of the Commonwealth of Virginia. For the purposes of this ordinance, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of the Code of Virginia or its successor.

Here are the uses permitted in Single-Family districts:

(this section from R-20, others similar or identical)

Single-Family Dwelling Districts

A. Uses Permitted.

1. One-family dwelling.

2. Farming, livestock and poultry, raising, and all uses commonly classed as agricultural, with no

restrictions as to the operation of such vehicles or machinery as are incident to such uses, and with no restrictions as to the sale or marketing of products raised on the premises; provided, any livestock or poultry shall be kept
n a building, structure or yard for the raising, housing or sale thereof which shall be located no less than one hundred (100) feet from any street or lot line; provided, further, that poultry, shall not be allowed to roam at large.

3. Churches and other places of worship including parish houses and Sunday schools, but excluding rescue missions or temporary revivals.

4. Transitional uses: The following uses may also be permitted on a transitional site in the "R-20"

Districts:

a. The principal office of a physician, surgeon or dentist, provided such use is conducted within a dwelling and the residential character of such dwelling is not changed.

b. Transitional parking area if a use permit is secured as provided for in Section 36, and said area is located and developed as required in Section 32A and Section 33.

5. Conditional uses: The following uses may also be permitted subject to securing a use permit as

provided for in Section 36.G., "Use Permits":

a. Schools, private, elementary, junior and senior high, kindergartens and day nurseries.

b. Public libraries, museums, and art galleries.

c. Clubs and grounds for games or sports, including community swimming pools; provided any such use is not operated primarily for commercial gain, or for which any mechanical amusement equipment is operated incidental to such games or sports.

d. Publicly operated recreation buildings, playgrounds, parks, and athletic fields.

e. Community buildings.

f. Hospitals or sanitariums; except animal hospitals, clinics, and hospitals or sanitariums for contagious, mental or drug or liquor addict cases; provided, that any building so used shall be set back not less than one hundred (100) feet from any lot line or street line; and doctors' offices in buildings already being used exclusively as such pursuant to other zoning provisions or variances previously granted, and a one-time addition thereto, provided such addition does not exceed twenty-five (25) percent of the existing total gross floor area of the building being so used.

g. Institutional homes and institutions of an educational or philanthropic nature; except those of a correctional nature. An institutional home which has an approved use permit and which is a licensed home for adults under the Code of Virginia, may have up to seventy-five (75) per cent of the units with individual kitchens provided that these are central cooling and eating facilities which serve all the units in such a home.

h. Public utilities and services; such as railroad, trolley, bus, air, or boat passenger stations; railroad offices, rights-of-way, and tracks (but excluding car barns, garages, railroad yards, sidings and shops); static transformer stations, transmission lines and towers, commercial and public utility radio towers, telephone exchanges (but excluding service and storage yards); provided, however, that the exterior appearance of any building permitted under this paragraph shall be in keeping with the character of the neighborhood in which it is located.

i. Private clubs, lodges, fraternities, sororities and dormitories; provided any such use is not operated primarily for commercial gain.

j. Buildings used exclusively by the federal and state governments for public purposes; except penal and correctional institutions.

k. Airports and aircraft landing fields; golf courses (except driving tees and miniature courses); cemeteries; and funeral homes and/or crematories when on the same premises as a cemetery of ten (10) or more acres.

1. Parking of a commercial vehicle in cases working a grave hardship on the resident.

m. Deleted.

n. Off-site contractors' storage and staging yards and sales or leasing trailers or pavilions associated with and in reasonable proximity to new construction. Such use shall be limited to a maximum of three (3) years and no application on the same lot shall be considered by the county board within a period of two (2) years following the discontinuance of such use.

o. Recycling centers.

6. Uses, customarily incident to any of the above uses; including home occupations as permitted and

regulated in Section 31, subsection A.12.

7. Accessory uses:

a. Accessory buildings, including a private garage, provided that a detached accessory building shall be located as required in Section 32.

b. Family suites in all "R" Districts, not including "RA" Districts, subject to approval by the zoning administrator consistent with the following conditions:

(1) Not more than one (1) family suite shall be permitted in a dwelling.

(2) The gross floor area of the suite shall not exceed five hundred (500) square feet. (3) The suite shall have interior access to the rest of the dwelling.

(4) The suite shall not have separate utility service (i.e., electric meter and water meter).

(5) A floor plan of the suite that also identifies its relationship to the rest of the dwelling shall be filed with the zoning administrator.

(6) The property owner shall record a covenant on the property which identifies the suite use and the restrictions imposed by this ordinance.

(7) The dwelling in which the suite is located shall have only one (1) main entrance and no new entrance shall be permitted on the same side of the structure as the existing main entrance of the dwelling. (8) There shall be only one (1) address for the property.

c. One (1) operable unlicensed and/or uninspected vehicle on the premises, provided said vehicle is parked to the rear of the front line of the main building. Inoperative vehicles or additional unlicensed and/or uninspected vehicles are permitted on the premises, provided said vehicles are located within a fully enclosed building.

d. Routine maintenance and minor repair of motor vehicles which can be completed in twenty-four (24) hours, including by way of illustration and not limitation, the replacement or changing of oil and other fluids (e.g., transmission, brake, water), batteries, tires, light bulbs, spark plugs, points, air filters, and radiator hoses, subject to the following conditions:

(1) The motor vehicle must be owned or leased by an occupant of the premises.

(2) Maintenance and repair activity is permitted on weekdays only from 7:00 am. to 9:00 p.m. and weekends and holidays only from 9:00 a.m. to 9:00 p.m.

(3) Commercial maintenance and repair activity is prohibited.

Rules on Garbage, Refuse and Weeds: Chapter 10 of the County Code.

Responsibilities of owners and occupants - Section 10-6(B)(1)

(b) Place all household containers and plastic bags at the collection point no sooner than 5:00 p.m. the day prior to, nor later than 6:00 am. of the day of scheduled collection, and remove all household containers to their normal storage location within twenty four (24) hours after emptying. Normal location shall mean a regular place of keeping behind the front building line.

...

(e) At occupant's expense dispose of:

1. All items weighing more than five hundred (500) pounds.

2. Building material such as brick, masonry block, rock, sod, earth, or sand.

3. All items other than furniture, household appliances, and other metallic items weighing more than fifty (50) pounds. Furniture, unbundled tree branches, limbs, brush, or shrubbery trimmings, household appliances and other metallic items weighing more than fifty (50) pounds shall not be placed in the public right-of-way for collection unless arrangements for their collection have been made with the Arlington County Department of Environmental Services on the workday prior to scheduled collection. No building materials shall be disposed of at residential collection points when the material results from work performed by a person in the course of business. All building materials resulting from work performed by the occupant of the residence must be placed in household containers for collection.

Section 10-13. Duty of property owner to cut grass , weeds, maintain lawns, etc.

(a) It shall be the duty of each owner of vacant property to cut grass, weeds, and other foreign growth on such property when such growth on such property creates a health or safety hazard.

(b) It shall be the duty of each owner of occupied residential real property to cut the grass or lawn area of less than one-half (1/2) acre on such property within ten (10) days after notice from the county manager or designee when the growth on such grass or lawn area exceeds twelve (12) inches in height. The county may, if the grass or lawn is not cut, after thirty (30) days' notice, have such grass or lawn area cut by the county's agents or employees and the cost thereof shall be charged to and paid by the owner of such property and may be collected by the county as taxes and levies are collected.

10-14. Duty of either the property owner, occupant or both to properly maintain property.

It shall be the joint and several duty of the property owner and the occupant of each parcel of property in the county to keep such property free from all trash, garbage, refuse, litter, debris, or other substances which might endanger the health or safety of other residents of the county.

10-15. Duty of each property owner or occupant of property to cut back obstructing vegetation.

It shall be the joint and several duty of each owner or occupant of property to cut back or remove trees, hedges, shrubs, vines and other vegetation which encroaches upon any sidewalk, alley, roadway, street

or highway and which impairs or obstructs any pedestrian or vehicular traffic. Such growth higher than ten (10) feet above the surface of a walk or roadway need not be removed.

10-16. Duty of either property owner, occupant or both to keep the property free from rat harborage.

It shall be the joint and several duty of the property owner and occupant of each parcel of property in the county to keep such property free from any condition that harbors or has the tendency to harbor rats.

10-22. Duty of property owner to remove stored, wrecked, abandoned or inoperative vehicles.

(a) It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building, on any property zoned for residential or commercial purposes, any motor vehicle, trailer or semitrailer, as such is defined in Section 46.2-100 of the Virginia Code, whose condition makes them inoperative; provided, however, that the provisions of this section shall not apply to a licensed business which on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

(b) It is further provided:

(1) That the owners of property zoned for residential or commercial purposes shall remove therefrom any such inoperative motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building;

(2) That the county manager or his designee shall remove any such inoperative motor vehicles, trailers or semitrailers, after the owner of the premises has been given notice, by service by the sheriff or by certified mail, return receipt requested, which states that a violation exists, that it must be corrected within ten (10) days, and that a request for a hearing before the county manager must be made in writing before the end of the ten-day period;

(3) That in the event the county manager or his designee removes any such motor vehicles, trailers or semitrailers, the county may dispose of such motor vehicles, trailers or semitrailers after twenty-one (21) days' additional notice to the owner of the vehicle;

(4) That the cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected as taxes and levies are collected; and

(5) That every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs shall have been made to the county.

From the Zoning Ordinance: Home Occupations

(including amendments approved on May 17, 1997):

A. Use.

12. Home Occupation, as defined in Section 1, is permitted in dwelling units "R" and "RA" District regulations when such use is clearly subordinate or incidental to the principal use of the premises for dwelling purposes.

a. Home occupations which are conducted as limited by paragraph 1 2.c., below, and which have

the general character of the following uses are permitted:

(3) Contractor or service business, provided that all requirements of this section are met as well as the following additional requirements:

(a) Not more than one (1) commercial vehicle, as defined in Section 1, shall be parked on the property and then only in accordance with applicable regulations of Section 31, subsection A.3, of this ordinance.

{b) No contracting equipment or materials shall be stored on the premises, except in a commercial vehicle used for transporting said equipment and materials between jobs, and no loading or unloading shall be done on or in the vicinity of the premises.

(c) Home occupation uses shall be subject to the following limitations. All limitations apply

together. No limitation shall be interpreted as relaxing another limitation.

(1 )Home occupation operators shall apply for and enter into an agreement with the Zoning

Administrator certifying that they will comply with the requirements for a home occupation in the Zoning Ordinance. The Zoning Administrator shall approve the agreement only upon finding that the home occupation will comply with the Zoning Ordinance and that it will be clearly subordinate to the principal use of the premises for dwelling purposes.

(2) There shall be no evidence on the exterior of the premises or visible from the exterior of the premises that the property is used in any way other than for a dwelling.

(3) There shall be no signs.

(4) There shall be no outside display, storage, or sale of merchandise or equipment.

(5) There shall be no audible noise, detectable vibration or odor beyond the confines of the subject dwelling or accessory building, including transmittal through vertical or horizontal party walls.

(6) Only one (1 ) person, at any time, who is not a bona fide resident of the dwelling, may

be employed or perform work on the premises. In addition, a disabled resident may employ assistance from one (1) person at a time who is not a resident and whose assistance is limited to overcoming the effect of the disability. A written statement identifying the person who will give the assistance, the kind of assistance that will be given and the time the person will be in the dwelling must be filed in the office of the zoning administrator as to each person permitted to be employed as an assistant to a disabled person before that person ma be employed in the dwelling.

(7)Instruction of students (including delivery of materials dearly incidental to training) and service to clients or customers shall be limited to twelve (12) persons per day but in no event more than four (4) persons at any one time.

(8) The total floor area on any premises to be used for home occupation(s) shall not

exceed a figure calculated by taking twenty-five (25) percent of the total floor area of the principal dwelling on the premises, excluding attached garages provided, however, that in no event shall more than ten (10) percent of the total floor area of the principal dwelling be used for specified storage of stock-in-trade. The storage of hazardous materials is prohibited.

(9)There shall be no stock-in-trade displayed or sold on the premises, except for those produced at the premises.

(10) Each application for a home occupation agreement shall be accompanied by a sketch

of all existing and proposed new parking spaces. Existing parking spaces, unless illegal, shall be permitted to remain. All new parking spaces shall comply with all applicable requirements in Section 32 and Section 33. No vehicles shall be parked or stored in any other spaces unless they comply with all provisions of the Zoning Ordinance.

From the Signs language in Section 34 of the Zoning Code

Signs permitted in all areas include:

9. Unlighted directional real estate "for rent" or "sale" signs, not exceeding one and one-half (1 1/2) square feet in area, provided that such real estate directional signs are displayed only from sundown on Friday to sundown on Sundays and on legal holidays. Not more than one (1) sign for each real estate agency shall be displayed in any one (1) street intersection but not on utility poles or trees, nor on or adjacent to any other public lands such as school sites, recreation fields, parks, parkways, and median strips. Each such directional "for rent" or "sale" sign posted on public right-of-way shall contain the name of the real estate company or agency which caused the sign to be posted. Such signs shall not be placed in such a fashion as to constitute a "vision obstruction" at street intersections as specified in Section 32 of this ordinance.

14. Political campaign signs erected on the day before or on the election day on the lot of the officially designated polling place for a period not to exceed twenty-four (24) hours. Each sign may be no larger than four (4) square feet in area.

Noise Control Ordinance (some sections)

15-6. Maximum noise levels.

(a) Noise sources. Noise levels from stationary sources and mobile sources while stationary shall not exceed those noise limits presented in Table I for each of the zoning districts listed there during the time of day indicated. The maximum permissible noise level shall be that associated with the zoning district classification of the receiving property, except for vehicles on public or private streets.

(b) Small power equipment:

(1) Any small power equipment which exceeds the permissible noise levels established in section 15-6(a) may only be operated during the daytime.

(2) Noise measurements made to determine compliance with sections 15-6(a) and 15-6(bX1) shall be made not less than four (4) feet above the ground and not closer to the noise source than the boundary of the property on which the noise source is located

(c) Mobile sources. Mobile sources are noise levels generated by moving vehicles which conform to the standards set forth in Table II.

(d) Measurement standards. Noise measurements made to determine compliance with section 16-6(c) shall be taken on a level surface at a distance of not less than fifty (50) feet from the noise.

....

(f) Construction noise..

(1) Any construction activities which produce noise levels which exceed the maximum permissible noise levels established in Table I shall be permitted only during the daytime. This section shall not apply to emergency repairs to public utilities.

(2) All feasible procedures shall be undertaken to minimize noise generated by construction activities. In no instance shall noise levels originating from construction sites exceed ninety (90) dBA. Measurements are to be taken in accordance with the procedures established in sec. 15-6(b)(2).

TABLE 1

MAXIMUM PERMISSIBLE NOISE LEVELS FROM STATIONARY SOURCES
                                                      Continuous
                                                      Octave Band

Zoning    Time of   Continuous   Impulsive  Center      dB
District  Day       Noise        Noise      Frequency
                                 (dBA)         (dB)        (Hz)

                                                          31.5    85

CM        ALL                                             63      84
                      70           120                   125      79
M                                                        250      74
                                                         500      68
                                                        1000      62
                                                        2000      57
                                                        4000      53
                                                        8000      50

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                                                          31.5    80
                                                          63      79
C         ALL                                            125      74
                      65           100                   250      69

C-O                                                      500      63
                                                        1000      57
                                                        2000      52
                                                        4000      48
                                                        8000      45

--------------------------------------------------------------------

                                                          31.5    75
R         DAY                                             63      74
                                                         125      69

R-A                   60            95                   250      64
                                                         500      58

S-3A                                                    1000      52
                                                        2000      47
                                                        4000      43
                                                        8000      40

--------------------------------------------------------------------

                                                          31.5    70
 F       NIGHT                                            63      69
                                                         125      64
 RA                   55            90                   250      59
                                                         500      53
 S3A                                                    1000      47
                                                        2000      42
                                                        4000      38
---------------------------------------------------------------------

Noise 
Sensitive
Zones       ALL                                          8000      35

---------------------------------------------------------------------

TABLE II:  MAXIMUM PERMISSIBLE NOISE LEVELS FROM MOBILE SOURCES

  Source              To 35 MPH         Above 35 MPH
-----------------------------------------------------
Motorcycle              80 dBA            84 dBA

Mobile sources with 
gross weight less than 
10,000 lbs.             70 dBA            79 dBA

Mobile sources with 
gross weight more than 
I0,000 lbs.             86 dBA            90 dBA

(a) It shall be unlawful for any person to sound a vehicular horn or other audible signal device except as an emergency warning signal.

b) It shall be unlawful for any person to sell anything by outcry during the nighttime. The selling by outcry of merchandise, food and beverages at licensed entertainment events is excluded.

(c) It shall be unlawful for any person to use any machine or device for the production or reproduction of sound which is cast upon public streets or lands for the purpose of commercial advertising or of attracting the attention of the public to any building, structure or activity during the nighttime.

(d) It shall be unlawful for any person to operate, play or permit the operation or playing of any radio, television, phonograph, tape player, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance within any nearby dwelling unit or across a real property boundary.

(e) It shall be unlawful for any person or group of persons to unreasonably make, continue or cause to be made or continued any noise disturbance.

(f) It shall be unlawful for any person to collect refuse with a refuse vehicle during the nighttime.

(g) It shall be unlawful for any operator to run the propulsion engine of a commercial motor vehicle for more than three (3) minutes when the vehicle is parked, left unattended, or is stopped for other than traffic or maintenance reason, except when the propulsion engine provides auxiliary service other than heating, or air conditioning.

(h) It shall be unlawful for any person who owns, possesses or harbors any animal or bird to permit that animal or bird to create a frequent or continued noise disturbance across a real property boundary or within a nearby dwelling unit.

15-8. Noise suppression devices.

(a) No person shall cause, suffer, allow or permit the removal, disconnection or disabling of any noise suppression system or device which has been installed on any noise source:

(1) In accordance with federal or state laws or regulations.

(2) As a requirement for obtaining a permit to construct, modify or install such noise source.

(b) No person shall defeat the design purpose of any noise suppression system or device by installing therein or thereon any part or component which does not meet the minimum design specifications for that system or device.

(c) No noise source shall be operated with its noise suppression system or device removed or otherwise rendered inoperable.

(There are some exemptions, of course, for emergencies, and this one:)

15-12 Exemptions:

(d) Audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger are specifically exempt from the provisions of this chapter.

This page was revised on: July 27, 2004.