(1) Notwithstanding section 29-35-303, a local government may impose or enforce a minimum parking requirement in connection with a housing development project that is intended to contain twenty units or more or contain regulated affordable housing by requiring no more than one parking space per dwelling unit in the housing development. (2) (a) In order to impose a minimum parking requirement pursuant to subsection (1) of this section in connection with a housing development project, a local government must, no later than ninety days after receiving a completed application for the housing development project, publicly publish written findings that find that not imposing or enforcing a minimum parking requirement in connection with the housing development project would have a substantial negative impact. (b) A local government's written findings published pursuant to subsection (2)(a) must: (I) Be supported by substantial evidence that supports the finding of a substantial negative impact on: (A) Safe pedestrian, bicycle, or emergency access to the housing development project; or (B) Existing on- or off-street parking spaces within one eighth-mile of the housing development project; (II) Be reviewed and approved by a professional engineer, as defined in section 12-120- 202 (7). (III) Include parking utilization data collected from the area within one eighth-mile of the housing development project; and (IV) Demonstrate that the local government implementation of strategies to manage demand for on-street parking for the area within one eighth-mile of the housing development project would not be effective to mitigate a substantial negative impact found pursuant to this section. (3) On or before December 31, 2026, and every December 31st thereafter, if applicable, a local government shall, in a form and manner determined by the department of local affairs, submit information regarding a minimum parking requirement imposed or enforced pursuant to this section to the department of local affairs. (4) The department of local affairs may issue policies and procedures as necessary to implement this section.
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