EHO Frequently Asked Questions

EHO development, or Expanded Housing Option development, is the result of the multi-year Missing Middle Housing Study. The County Board adopted Zoning Ordinance amendments in March 2023 that allow for additional housing types to be built in formerly single family-only districts (R-5, R-6, R-8, R-10, and R-20). The amendments allow the by-right option to build duplexes, semi-detached, sets of 3 townhouses, and small multiple-family buildings with a maximum of six units—if certain conditions are met.

The Missing Middle Housing Study was grounded in Arlington’s goals to have an adequate housing supply for the community’s needs, ensure that all segments of the community have access to housing, and ensure that housing efforts contribute to a sustainable community.

 Before March 2023, nearly half of the County’s land area allowed only single-family detached development. Laws excluding multi‐family buildings or townhouses from these areas dated back to the 1930s. The County has documented the relationship between this legacy of exclusion and a lack of housing opportunities for a diverse community.

These zoning districts were already seeing change before EHO development through the “teardown” redevelopment of older homes to large individual homes.

In 2020, the County Board asked staff to identify potential housing options that could offer alternatives to the five- and six-bedroom individual homes that are being built when older homes are torn down, and that sell for prices that are out of reach for most. 

County staff embarked on a multi-year study that includes three phases and multiple rounds of community engagement that concluded with the Board's March 2023 action. 

As part of its action in March 2023, the County Board approved County staff's recommended zoning standards for EHO development. The adopted zoning standards require EHO housing types to have the same building height, setbacks from the street and other properties, and size as single-detached homes. Therefore, any EHO development cannot be larger than what is allowed for a single-family home, regardless of how many units are inside.

To ensure a slower rate of EHO development, the Board also adopted a maximum number of permits that can be approved per year. See the Annual Permit Cap section of this FAQ for more information.

No. The adoption of EHO only adds alternatives to building single-family homes. It did not change the existing underlying residential zoning in the districts where EHO is now an option.

Arlington County Zoning plan reviewers conduct an independent review of all applications. Applications are also reviewed by the Urban Forester in the Department of Parks and Recreation.

There are multiple levels to review, including one to determine the application is complete--meaning all required materials and information have been submitted. Then there is a compliance review, where the application materials are reviewed for compliance with the Zoning Ordinance.

Applications are approved by the Zoning Administrator based on whether they meet the provisions of the ordinance. Applications may require revisions and multiple review cycles, and there is no guarantee that an application will be approved. 

Applications are approved or denied only based on whether they meet the provisions of the Arlington County Zoning Ordinance. The Zoning Administrator and County staff do not have the legal discretion to deny an EHO permit that meets all Zoning Ordinance requirements.

However, approval of an application by the Zoning Administrator does not mean that there is approval to build or construct the EHO. That requires a separate review and approval process.

No. Approval of an EHO permit does not authorize construction or occupancy of EHO units. The Virginia Uniform Statewide Building Code must be met to obtain a permit to build and construct an EHO.

 Depending on the number of units and housing type, the applicable code may be commercial and not residential. The commercial building code has different requirements than the residential code.

The building permit process includes not only permits to build the structure, but trade permits to build-out the interior – plumbing, mechanical, electrical, etc., among other things. Also, land disturbance and stormwater permits are required. Those permits are subject to a separate review and approval processes.

County staff in multiple departments conduct an independent review of all projects based on the proposed activity shown on the plans. 

The County has developed infographic summary of both the EHO permit review process by the Arlington County Zoning Division and the building permit process which is conducted by several County departments.

The County has created a real-time EHO permit dashboard to track applications. The dashboard can be filtered by application status, zoning district, year, and civic association. It also allows the public to search for a specific address and find applications within a certain radius of an address.

EHO development is by right, which means that, so long as the applicant meets zoning and building codes, permits can be approved without a public hearing process. This is the same process that exists for single-family home teardown replacements that occur in Arlington.

From July 1, 2023 (when the EHO policy was adopted) to March 31, 2024, there were 31 EHO permits approved, for a total of 122 housing units. Of those, only two units from one EHO permit are under construction in the R-6 district.

In comparison, 146 single-family development, both teardown replacements of older homes and new construction, have been completed in this time frame, with 80 more under construction. A majority of these are teardown replacements. In addition, 59 major renovations or additions to single-family detached homes have been completed, with 53 more under construction. 

If you have policy concerns with the EHO ordinance itself and its implications, such as concerns about stormwater management or tree loss, you should contact the Arlington County Board with those concerns. You can contact the County Board Office at at 703-228-3130 or countyboard@arlingtonva.us. 

If you have questions about a specific address that is subject to an EHO permit that is approved or under review by County staff, you can email your questions to Erika Moore, Assistant County Manager for Communications and Public Engagement.

There is an appeal process through the Board of Zoning Appeals. Appeals must be filed within 30 days of the issuance of an EHO permit and within 30 days of the issuance of a building permit.

Appeals can be initiated electronically via Permit Arlington. You need to create an account, select “Create a Zoning Application,” and complete the steps for a “Board of Zoning Appeals – Appeal.

If you believe construction is not being done in accordance with the issued building permit, you may report the violation to either Zoning Enforcement or Code Enforcement, depending on your concern. Learn More

There is no time limit for reporting a violation.

Arlington County posts information released via Freedom of Information Act (FOIA) requests in the online FOIA Center. You can do a keyword search to find EHO information. 

The Zoning Ordinance provisions for EHO development include limits on the number of permits that can be issued in a calendar year (§10.4.7 of the Zoning Ordinance). These limits, or caps, are based on the relevant zoning district, as follows:

• R-5: 7 permits per year
• R-6: 30 permits per year
• R-8, R-10, and R-20 (combined): 21 permits per year

These caps are per calendar year (January through December) and are in effect until June 30, 2028. Because the EHO provisions went into effect on July 1, 2023, the first calendar year of implementation ended on December 31, 2023. The caps reset each year on January 1.

The annual caps will be based on the issuance of EHO permits. For example, no more than 30 EHO permits can be approved and issued in the R-6 zone per calendar year.

EHO permit applications will be reviewed based on the order they are received. However, applications may require revisions and multiple review cycles, so there is no guarantee that applications will be approved in the order they are received.

Yes. Information on EHO permit applications is available on the EHO permit dashboard. The dashboard includes information about approved EHO permits, as well as status information for EHO permit applications under review, including those that have been denied or withdrawn. The dashboard can be filtered by zoning district, permit application status, year issued, and civic association. Members of the public can also search for EHO permits based on a specific address in Arlington and set a search radius for permits around that address. The dashboard also provides the permit number for each application, so members of the public can search for the application in Permit Arlington. 

Any applications under active review when a cap is reached will be denied/rejected, citing the regulations in §10.4.7 as the reason. A new EHO application will need to be submitted in the following calendar year. Zoning staff will not be maintaining a queue or waiting list of applications.

No.

No.

For by-right EHO development, each building (i.e., duplex or multifamily building or group of townhouse/semidetached dwellings) counts as one permit for the purposes of determining the cap.

EHO development will require approval of an EHO permit, issued by the Zoning Division. Depending on the nature of the project, other permits, e.g., Residential or Commercial Building permit (and associated trade permits) or Land Disturbing Activity/Stormwater permit, will also be required. Upon project completion, applicants must file for a Certificate of Occupancy (CO) with the Zoning Division.

EHO permit applications will be filed online through Permit Arlington. To start an application, click “Create” and select “Zoning Application.”

An application for an EHO permit must comply with the standards of §10.4 of the Zoning Ordinance, as well as other dimensional requirements noted in §3.2 of the Zoning Ordinance.

Minimum submission requirements include scaled floor plans, building elevations and sections, building location plats/surveys, and landscaping/tree preservation plans.

EHO and other permits can be filed concurrently. However, a building permit cannot be issued until the EHO permit is issued.

Upon application, staff will review the submission for completeness. The anticipated review cycle for compliance with zoning standards is 20 business days. Many permit applications will require one or more revisions and subsequent review cycles to meet the zoning standards.

The EHO permit fee went into affect July 1, 2024, as part of the FY 2025 budget. It is $513. 

An EHO permit does not expire.

After July 1, interested applicants can contact the Zoning Division by email or phoneto set up a pre-submission meeting. Pre-submission meetings are encouraged but not required.

The Zoning Ordinance defines gross floor area as “the sum of the area of the horizontal surface of the several floors of a building measured from the exterior faces of exterior walls, to include all floor area not defined as gross parking area.”

In general, all interior spaces that have a floor and are enclosed by walls and are not used for parking or maneuvering will be counted as gross floor area. This includes basements and attic spaces with floors. Learn More.(PDF, 140KB)

No. Mechanical spaces within areas that meet the definition of GFA are counted as GFA.

Yes.

Yes. The GFA of an accessory dwelling is also subject to the standards of §12.9.2.A(e) of the Zoning Ordinance.

The parking survey process is expected to take 2-3 months, depending on the overall workload of County staff and contractors.

There is currently no fee for requesting a parking survey. A fee may be proposed in 2024.

Yes. The limit on the number of parking spaces within a front yard extends the full width of the property located between the front wall of the dwelling and the street.

The main EHO dwelling(s) would be subject to the parking requirements in §10.4.6.A. Any accessory dwelling(s) would be subject to the parking requirements of §14.3.7.A. In general, if the main dwelling does not have a parking space, one space needs to be created. If the main dwelling has one or two spaces when the accessory dwelling permit is issued, those spaces need to be maintained.

Building height for townhouses and semidetached would be calculated from the existing grade at the four corners of the main/whole building (i.e., group of semidetached/townhouses). This is the required methodology for all R districts, per §3.1.6.A.1.

No. If a corner lot is subdivided for EHO semidetached or townhouse development, the entire site will continue to be regulated as a corner lot.

Lot coverage and main building footprint are applied across the entire EHO building site. Likewise, other zoning standards, such as the maximum GFA and minimum parking requirements, are applied over the entire main building and site.

The EHO zoning standards for curb cuts only specify that they cannot exceed 17 feet in width. However, the County’s administrative standards for Driveway Entrances specifies a minimum separation of 25 feet between curb cuts. These standards may preclude the ability to achieve two or three curb cuts on a site, and applicants are encouraged to consult with the Department of Environmental Services.

Yes. Lots with frontage on multiple streets will satisfy the entrance requirement if each semidetached/townhouse dwelling has an entrance facing any street (or opening onto a porch facing the street). Through lots (lots with frontage on parallel streets) are not common, and streets with frontage on one street and one alley are not considered through lots.

If multiple street-facing porches are provided, at least one porch needs to be 60 sq. ft. or more to meet the EHO standard for additional coverage, and at least 60 sq. ft. of the porch needs to be located within the front yard.

For corner lots, an eligible porch can face either street to meet the EHO standard for additional coverage.

Yes. Any part of the main building that rests, directly or indirectly, on the ground is included in the main building footprint (§3.1.4.C of the Zoning Ordinance).

No. The EHO regulations only allow subdivision for semidetached (two units) and townhouse (three units) developments. Semidetached dwellings are two units with one dwelling on each lot.

Four units within a multi-family building can be individually owned as condominiums, but the building cannot be subdivided into two.

The EHO regulations do allow semidetached dwellings to have an attached (interior) accessory dwelling. An accessory dwelling is effectively a portion of the main dwelling and cannot be conveyed independent of the main dwelling.

The building height is measured from the average existing grade to the highest roof.