Planning commission backs ordinance amendments to align ADU rules with state Act 313

The Hot Springs Planning Commission voted July 10 to recommend the Board of Directors adopt amendments to city ADU (accessory dwelling unit) regulations to conform with recently enacted Arkansas law. The commission took the vote after a staff presentation and without public speakers.

City planning staff presented the proposed changes, saying, “This item proposes certain amendments to the accessory dwelling unit, ADU, regulations found in ordinance 65-13 to align with recently enacted State of Arkansas legislation,” and provided a draft ordinance and an amendment worksheet to show the specific code locations being changed. The staff report noted the State of Arkansas 90th General Assembly passed House Bill 1503 on March 18, 2025; that bill is referenced in staff materials as Act 313.

The staff presentation included findings that the draft revisions would bring the city code into alignment with the state law and pointed commissioners to highlighted text in the worksheet showing recommended edits. No members of the public signed up to speak on the item.

One commissioner asked whether the state definition of an ADU—specifically the bill’s inclusion of a cooking area in the definition—was intended to exclude units that have a bedroom and bathroom but no cooking facility. Staff said the person who could definitively answer that drafting intent was not present.

After closing public discussion and further brief comments, the commission voted by roll call to recommend that the Board of Directors adopt an ordinance amending accessory dwelling unit regulations in ordinance 65-13 to align with the State of Arkansas Act 313 (House Bill 1503). The roll-call record shows all commissioners present voting to approve the recommendation; no votes against were recorded and no abstentions were noted.

The commission’s action is a recommendation to the Board of Directors; it does not itself adopt the ordinance. Any future ordinance adoption, effective dates, or administrative implementation will be determined by the Board and by the city’s official ordinance process.

Details from the staff packet, including the draft ordinance and the accessory dwelling unit amendment worksheet, were included with the commission materials and will accompany the item when it goes before the Board of Directors.