October 4, 2024
Client Alert: Implications of the Arlington Circuit Court's Decision on the “Missing Middle” Policy
On September 27, 2024, a Virginia Circuit Court Judge invalidated Arlington's “Missing Middle” zoning policy, which allowed for the by-right construction of up to six dwelling units on properties in districts zoned for single-family residential dwellings. The policy is codified as “Arlington County Zoning Ordinance (ACZO) §10.4 Expanded Housing Option Development” (the “EHO”) and effectively does away with single-family only zoning restrictions. The judge found that the Arlington County Planning Commission violated procedural requirements, failed to consider environmental impacts, and did not account for compliance with state and local tree canopy requirements in its passage of the EHO. As a result of the judge’s ruling, Arlington County cannot issue any more permits under the EHO.