Staff outlines zoning code rewrite and state law changes including ADU allowance and repeal of extraterritorial jurisdiction

City planning staff told the Conway Planning Commission the city is actively rewriting portions of its zoning code and preparing for public input and council review, and staff summarized recent state law changes that will affect local regulation.

Staff said the rewrite focuses on streamlining Article 10 and Article 4 and that the city expects to present draft changes to the Planning Commission in October and to the City Council by November with the goal of adoption thereafter. Staff said the advisory committee has met several times and that planning staff will distribute draft materials a few weeks before the October Planning Commission meeting so commissioners can review and prepare questions.

On state legislative changes, staff said "HB 1503 turned into Act 313," and summarized effects staff expects for Conway. Staff said accessory dwelling units (ADUs) are now allowed in every residential zone under the state law; ADUs may be up to 75% of the primary structure or 1,000 square feet, whichever is larger, and local governments have limited ability to regulate them. Staff said parking is not required for ADUs under the state law and predicted that in Conway the change could enable more "tiny homes" on rear lots and more on-street parking. Staff cautioned the city "can't supersede state law" and said local design overlays (for example historic districts) will still impose design standards where applicable.

Staff also announced the city has implemented the repeal of extraterritorial jurisdiction as of August 4; under the change, property just outside city limits may be subdivided and later annexed and become legally nonconforming under city rules. Staff addressed questions from residents and commissioners about utility connections and sewer: staff said if a property with a well is annexed, it is not required to connect to city water if the well provides sufficient service. Staff explained that existing subdivisions developed before annexation may lack public sewer and that annexation does not automatically create a municipal sewer service obligation in every case.

Other topics staff touched on included optional use of third-party private professional providers for site development review (staff said applicants could choose a third party but that in Conway in-house review is typically faster and third-party timelines are often longer) and ongoing work on short-term rental/airbnb regulation. Staff said package plant permitting and similar county-level matters are not within the city's purview. The staff update closed with an invitation for questions and an assurance commissioners would receive materials in advance of upcoming meetings.

No formal action was taken on these policy updates during the meeting; the presentation was an informational update and the commission did not vote on the zoning code rewrite or state-law implementation steps.