HB 888 (Shin) mandates specific statewide standards for off-street parking be adopted in local zoning ordinances for “designated areas” defined as … any parcel that is (i) located within one mile of the entrance to a mass transit or public transportation station or facility; (ii) located within an approved small area plan and designated therein as a revitalization area or other designated district established for the purpose of facilitating residential or mixed-use development; (iii) located within a zoning district classification that permits residential, multifamily, or mixed-use development and authorizes a floor area ratio of 1.0 or greater, or an equivalent density based on units per acre, either by-right or by special exception, special use permit, conditional use permit, or other discretionary approval; or (iv) that is the subject of an application for rezoning, special exception, special use permit, conditional use permit, site plan, or subdivision plat, that if approved, will include affordable dwelling units in accordance with an ordinance adopted pursuant to § 15.2-2304, 15.2-2305, or 15.2-2305.1. Within such areas localities are prohibited from requiring off-street parking spaces in amounts exceeding (1) one-half of one parking space per dwelling unit for multifamily or mixed-use residential development; and (2) one parking space per dwelling unit for one-family and two-family dwellings and townhouses.
The legislation also requires localities with a population greater than 20,000 to provide for administrative reduction of minimum off-street parking requirements of not less than 20 percent for residential, multifamily, or mixed-use development proposed on parcels outside of the designated areas defined in the legislation.
VACo opposed the legislation.
The legislature accepted the following substantive amendments from the Governor that lessen its impact on local authority to regulate off street parking within these areas (see Governor’s Amendments):
- Narrow the definition of “designated areas” so that it only applies to … any parcel that is located within one mile of the entrance to a mass transit or public transportation station or facility.
- Narrows the definition of “mass transit or public transit” so that it only applies to “fixed routes” or the other high-capacity transit service as identified by the Virginia Department of Rail and Public Transportation. This means it would not apply to bus routes and stops that vary over time to meet changes in use and demand.
Deletes language that would have rescinded existing authority of localities to regulate off-street parking for residential uses.
VACo Contact: Joe Lerch, AICP