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Hot Springs planning staff move to align accessory-dwelling rules with Arkansas Act 313
Summary
Planning staff recommended changing the city's zoning code to match 2025 Arkansas legislation (Act 313), including allowing ADUs in CTR zones, raising minimum ADU size and aligning setbacks and height limits with primary structures; the planning commission recommended approval 7–0.
Hot Springs planning staff told the Board on Aug. 12 they will present an ordinance to align the city’s accessory dwelling unit rules with 2025 State of Arkansas legislation, referred to in the meeting as Act 313.
Planning and Development Director Kathy Selman said the state law (House Bill 1503, enacted as Act 313 during the 2025 regular session) requires changes that include adding accessory dwelling units as a permitted use in the CTR zone district; removing a prohibition on ADUs in cottage court developments; increasing the ADU minimum size from 750 gross square feet to 1,000 gross square feet or 75% of the floor area of the primary residence, whichever is less; making ADU setbacks the same as the primary residence; and making the maximum height of a detached ADU the same as the principal structure in the zone. She said definitions would be amended to match the state law, specifying that an ADU must include cooking, sleeping and sanitation facilities.
Selman said the Planning Commission held a duly advertised public hearing on July 10, 2025, accepted the staff findings and voted 7–0 to recommend the Board approve the ordinance amending Hot Springs Code Title 16, Chapter 2 to align with Act 313. The item was scheduled for formal consideration by the Board at the Aug. 19 meeting as ordinance o25 32.
