Accessible parking is essential for ensuring inclusivity – yet we understand that new zoning requirements can pose challenges for developers and property owners. In December 2024, Fairfax County’s Board of Supervisors adopted the Accessible Minimum Parking Requirements Amendment to modernize its zoning regulations, align with ADA standards, and improve accessibility across new and existing developments. While these changes are designed to support individuals who rely on accessible parking, they also introduce adjustments that stakeholders must plan for and incorporate into their projects.

Overview of the Amendment

For developers and property owners, understanding the new rules is key. Consider this: ensuring that accessible parking is available not only meets social responsibility but also avoids costly compliance and redesign issues down the line. Fairfax County revised Section 6100.4 of its zoning ordinance to bring local parking regulations in line with federal ADA guidelines while addressing accessibility concerns at the county level. These updates affect new developments, major renovations, and parking redesignation projects submitted after December 3, 2024, making it critical for stakeholders to review and adjust their project plans accordingly.

Key Changes to Accessible Parking Requirements

The County has revised the accessible parking requirements to ensure that developments meeting or approaching the minimum parking thresholds now include a higher number of accessible spaces. Under the new amendment, the ratio has changed from one accessible space per twenty-five general parking spaces to one accessible space per fifteen spaces. This adjustment means that developments at or near minimum parking levels must now incorporate additional accessible spaces to better serve those who rely on them. In addition, accessible parking spaces must be located closer to building entrances, with direct pathways and curb-cut access that facilitate safe entry for individuals with disabilities. The new requirement also calls for an increased number of van-accessible spaces, with expanded dimensions to accommodate vehicles equipped with wheelchair lifts. Finally, the amendment introduces stricter signage and updated pavement markings that use the latest international accessibility symbols, thereby clearly designating accessible parking and discouraging unauthorized use.

Implications for Property Owners, Developers, and Landlords

Property owners, developers, and landlords need to understand that planning for these new requirements is essential, even if it may initially seem burdensome. Developers must incorporate the revised parking ratios and design standards into their site plans to secure county approval, even if this requires revisiting project budgets and designs. Commercial property owners should review their existing parking facilities and determine if any modifications are needed to meet the updated standards, as taking proactive steps can prevent future non-compliance issues. Multifamily housing landlords, in particular, should plan for the reallocation of parking spaces; although these adjustments might seem challenging, they ultimately ensure fair access and help mitigate potential legal risks.

Compliance, Enforcement, and Penalties

Fairfax County has introduced stricter enforcement mechanisms to ensure property owners meet the updated accessible parking standards. Inspections and permitting reviews will now include assessments of parking layouts, signage, and proximity requirements. Non-compliance may result in zoning violations, permit denials, and fines, and property owners may also face ADA-related legal action from individuals with disabilities. The county has also increased penalties for unauthorized use of accessible spaces, with new signage requirements reinforcing enforcement efforts.

Steps to Ensure Compliance

To navigate these changes smoothly, stakeholders should begin by reviewing the updated zoning ordinance, including the revised Section 6100.4 and Table 6100.5 requirements. Next, it is important to conduct a parking compliance audit to identify any aspects of your current facilities that may need modifications. For new developments, integrating accessible parking requirements into the initial site plan designs can help secure timely approvals. Finally, engaging with experts—such as land use attorneys and county planning professionals—can ensure that your project meets all requirements while managing associated costs.

Conclusion

While the new accessible parking requirements may appear to add complexity for developers, property owners, and landlords, they represent a necessary update to ensure accessibility and inclusivity in urban development. By planning ahead and integrating these changes into project designs and existing facilities, stakeholders can avoid costly compliance issues and contribute to safer, more accessible communities. Looking ahead, these requirements are likely to serve as a benchmark for future zoning reforms—underscoring the importance of proactive planning and collaboration.

For more information on how these changes impact your property or development, please contact Andrew Gregg at (703) 284-7254 or agregg@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.