§ 29-35-303 — Limitations on minimum parking requirements

(1) On or after
June 30, 2025, a municipality shall neither enact nor enforce local laws that
establish a minimum parking requirement that applies to a land use approval for a
multifamily residential development, adaptive re-use for residential purposes, or
adaptive re-use mixed-use purposes which include at least fifty percent of use for
residential purposes that is within the municipality, a metropolitan planning
organization, and at least partially within an applicable transit service area.

(2) On or after June 30, 2025, a county shall neither enact nor enforce local
laws that establish a minimum parking requirement that applies to a land use
approval for a multifamily residential development, adaptive re-use for residential
purposes, or adaptive re-use mixed-use purposes which include at least fifty
percent of use for residential purposes that is within the unincorporated area of the
county, a metropolitan planning organization, and at least partially within an
applicable transit service area.

(3) Nothing in this section:

(a) Lowers the protections provided for persons with disabilities, including
the number of parking spaces for persons who are mobility impaired, under the
federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and
parts 6 and 8 of article 34 of title 24;

(b) Prevents a local government from enacting or enforcing local laws that
establish a maximum parking requirement;

(c) Prevents a local government or a developer from being awarded funding
for affordable housing that requires a ratio of a certain number of parking spaces;

(d) Affects the ability of a local government to enforce any agreement made
in connection with a land use approval prior to August 7, 2024, to provide regulated
affordable housing in exchange for reducing minimum parking requirements;

(e) Prevents a local government from enacting or enforcing local laws that
establish a minimum requirement for bicycle parking; or

(f) Prevents a local government from imposing the following requirements on
a parking space that is voluntarily provided in connection with a land use approval:

(I) That the owners of such a parking space charge for the use of the space;

(II) That the owner of a such a parking space contribute to a parking
enterprise, permitting system, or shared parking plan; and

(III) That such a parking space allows for electric vehicle charging stations in
accordance with existing law.

Legislative History

Source: L. 2024: Entire article added (see the editor's note following the part 3 heading), (HB 24-1304), ch. 159, p. 737, � 1, effective August 7.