EHO Frequently Asked Questions

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.

There is currently no fee for an EHO permit. A fee may be proposed in 2024.

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 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 go into effect on July 1, 2023, the first calendar year of implementation will end on December 31, 2023. The caps will 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 the number of EHO permit applications and approvals in each zoning district will be provided on the EHO permit webpage. A user-friendly dashboard with information on EHO permits is also being created and will be available later this year.

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.

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.