Zoning probably does not strike you as the most interesting part of
real estate investing. However, if you’re buying or renting out property in Arlington, you need to know what some of the current and most recent laws are requiring of property owners, neighborhoods, tenants, and guests.
This is a
unique housing market. When we talk about zoning laws and requirements in Arlington, we’re talking about Arlington County, which includes the city of Arlington. The desirable location of this city just across the Potomac from Washington, D.C. means there’s a constant influx of people moving in and out. Whether you’re
buying a property here for the first time or you’re slowly building a real estate portfolio of diverse rental homes, you need to know where you stand in terms of the city’s zoning laws. This will be especially important if you’re a short-term rental investor.
Understanding the zoning laws in Arlington is a crucial aspect of
managing your real estate business. Knowing whether your property is zoned as commercial or residential can impact how you operate and
maintain your rental property.
So let’s take a look at the details of Arlington's zoning laws and how to be sure you’re compliant.
Zoning Overview for Arlington Real Estate
Arlington County has various zoning districts for properties, which are classified according to the kind and intensity of land use. The districts generally fall into three categories:
- Residential
- Non-residential
- Mixed-use
Residential districts are mainly for single-family homes and apartments. These areas are often zoned to limit the number of tenants, the level of noise, and the quantity of traffic in a given area. Non-residential districts include properties that are intended for commercial purposes like retail shops or offices. Mixed-use districts generally allow for a variety of uses in a single area, such as commercial and residential.
If you
own a rental property in Arlington, it is essential to know whether it is located in a residential or commercial area. This knowledge will help you to stay within the zoning laws and avoid any potential legal conflicts.
Owning a rental property in a residential neighborhood means that you may need to apply for a special use permit to operate as a home-based business. This permit will require that you meet certain requirements, such as obtaining a business license and having a designated parking space.
You can learn more about the regulations that apply to your specific location by contacting the Arlington County zoning office. You can also reach out to our team, as we stay pretty well-connected to the local zoning offices in Arlington.
Elimination of Single-Family-Only Zoning
Early in 2023, Arlington’s County Board voted unanimously to change the existing zoning laws that protected some areas as appropriate only for single-family homes. There are no such restrictions now. Lots throughout Arlington County that were once limited to one home per lot are now permitted to have buildings that include two to six residential units. The precise number of units on each lot will depend on the size of the lot. A plot of land, for example, with more than 6,000 square feet will be able to accommodate five or six units.
Arlington is the first city on the east coast to adopt such a zoning law, but several states across the Midwest and on the west coast have similar permissions in place.
In Arlington, multifamily buildings on what were formerly single-family lots still must conform to the zoning requirements when it comes to height, lot coverage, floor plans, and setbacks. All the rules that single-family homes must follow apply to multifamily buildings as well, whether it’s a duplex or a small apartment complex.
These zoning rules are in the process of being phased in, and it’s a slow process. This went into effect on July 1, 2023, and it will take five years for the zoning requirements to completely come into compliance. Arlington has announced that the county will allow 58 permits per year for multi-unit conversion on what were single-family lots until 2028, when the cap will be lifted.
Single-Family Home Occupancy Limits
Another zoning regulation that rental property owners in Arlington should be aware of is the limits on the number of people who can live in a single-family home.
In general, the maximum number of unrelated people allowed to occupy a single-family home in most Arlington neighborhoods is four. This is done to limit the density of the population and maintain the quality of neighborhoods. If your
rental property
is being used as a group home or a halfway house, different regulations may apply.
Families are also not bound by this maximum number. If you’re
renting out a home and a family of six apply for that property, you can allow them all to move in. The limit of four is for unrelated individuals. A roommate situation would mean that no more than four unrelated roommates could occupy your single-family home.
Parking and Zoning for Arlington Rental Homes
Rental property owners should also be aware of the parking requirements in Arlington's zoning laws.
If your property is located in a residential area, you must provide a minimum number of off-street parking spaces for your tenants. The number of parking spaces is based on the number of units and bedrooms in your rental property. Parking requirements are also based on transit proximity. Present zoning laws say that at least 0.5 parking spaces per unit must be available on sites located entirely within a 3/4-mile radius of a Metrorail station entrance or within 1/2-mile radius of a transit stop along the Premium Transit Network.
At least 1 space per dwelling unit is required for all other locations—including those residential lots fronting on a cul-de-sac in transit-proximate areas.
If your property is located in a commercial area, you must provide parking spaces for your business and customers, depending on the size and type of your business.
Zoning Laws and Trees
Arlington has a very serious plan to preserve its trees. This has to be considered whether you’re building or buying. The Tree Preservation Ordinance says that no designated trees can be removed from your property or damaged in any way unless the County Board determines that there is an overriding need for public improvements that would require the removal of a tree or there’s a severe hardship that exists for the way a property is used that the trees may impact.
More importantly, you need trees at your multifamily property. When the zoning laws changed in 2023, it was stipulated that for a multifamily property with two to four units, four shade trees must be in place on the lot. For properties with five or six units, there must be six shade trees on that lot.
Short Term Arlington Rental Properties and Zoning
Short-term rental properties and vacation rentals are more popular than ever. Arlington is exactly the sort of market that attracts visitors, tourists, and short-term renters. If you’re planning to rent out a short-term property, you’ll need to understand the zoning requirements and additional regulations that are in place.
Zoning regulations will require you to:
- Obtain an accessory homestay permit from the County Zoning Department.
- Obtain an Arlington County business license under Section Code 72.A – Lodging.
- Once your business license application is received, you’ll be contacted by the Commissioner of Revenue's office to determine if you are also subject to business tangible property tax.
You’ll need to pay the Arlington County Transient Occupancy Tax, which includes state, regional, and local tourism taxes. An update to the zoning laws in 2022 says that when any accommodation is facilitated by a third-party intermediary, such as Airbnb or VRBO or Expedia, the intermediary shall collect the tax and remit it to Arlington.
The purpose of these regulations is to protect the character of Arlington’s neighborhoods, reduce barriers for those who are, or intend to, use their homes through online services for short-term rental (e.g. Airbnb, Craigslist, etc.) in a legal and responsible manner, and
implement safety requirements to ensure that a short-term residential rental property complies with zoning, building, fire, and other safety codes that are designed to protect public health and safety.
Arlington is also sensitive to the need for protecting
property values. If you’re renting out a short-term property in an HOA, there may be additional requirements outside of the county’s zoning laws and tax requirements.
