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A BILL to amend and reenact §
15.2-2279
of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4
, relating to minimum parking requirements; prohibition on mandates by localities.
Be it enacted by the General Assembly of Virginia:
1. That §
15.2-2279
of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4
as follows:
§
15.2-2209.4
.
Prohibition on minimum parking requirements.
A. Notwithstanding any other provision of law,
general or special,
no locality shall adopt, enforce, or maintain any ordinance, policy, or requirement that mandates a minimum number of parking spaces for any new or existing building, structure, or
o
ther
use.
B. Nothing in this section shall be construed to:
1.
Prohibit a developer, property owner, or operator from providing parking spaces voluntarily;
2.
Limit the authority of a locality to regulate the design, location, or use of parking spaces that are voluntarily provided; or
3.
Affect parking requirements established by federal or state law, including requirements under the Americans with Disabilities Act or for electric vehicle charging infrastructure.
C. Any ordinance, policy
, or requirement
in conflict with this section is void and of no effect
. N
o proposal shall be denied due to inconsistency with parking mandates as described in this section
and
any proposal so denied shall be deemed approved for all purposes.
§
15.2-2279
. Ordinances regulating the building of houses and establishing setback lines.
Any locality may by ordinance regulate the building of houses in the locality including the adoption of
off-street parking requiremen
ts,
minimum setbacks and side yards and the establishment of minimum lot sizes.
Any locality may by ordinance require that no building be constructed within thirty-five feet of any street or roadway and may provide for exceptions to such requirement whenever a large portion of existing buildings along a section of street or roadway is within thirty-five feet of such street or roadway. The provisions of such an ordinance shall not apply within the limits of any town which has enacted a zoning ordinance or has adopted an ordinance establishing minimum setbacks.
2. That the provisions of this act shall become effective on September 1, 2026.