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Commission adopts accessory-dwelling ordinance changes to comply with new Arkansas law
Summary
The planning commission approved changes to local accessory-dwelling-unit (ADU) rules to comply with recently enacted Arkansas legislation: one ADU allowed by right on single-family lots, size limits (75% of main house or 1,000 sq ft, whichever is less), no mandatory separate meters or owner-occupancy, and applicability within historic districts. The ordinance will go to the board for enactment.
The Texarkana Arkansas Planning Commission voted to adopt revisions to its accessory-dwelling-unit ordinance to bring local rules into alignment with recent state legislation.
Staff (S4) explained the new state law requires allowing at least one ADU by right on properties with single-family homes and limits local regulation; among the constraints staff listed, the commission was told they cannot require that an ADU be occupied by a family member, cannot require that an ADU's design match the primary house if detached, and cannot require separate utility meters. "We cannot require that a member of their family live there," S4 said, and added the law applies even within local historic districts.
Commission discussion clarified size and ancillary requirements: an unattached ADU may not be larger than 75% of the primary home's floor space or 1,000 square feet, whichever is less; commissioners asked about parking and utility meter rules and staff confirmed the state law does not permit local mandates for separate meters or additional parking. Staff cautioned that while the city must comply with the state law, restrictive private covenants (homeowners associations) remain enforceable and could limit ADU use.
The chair moved and commissioners approved the ordinance revision by roll call with recorded affirmative votes from Anita Pickett, Dr. Hickerson, Chris Owens, Corey Mobbs and Chairman Neal. Staff said the ordinance will be forwarded to the board for formal enactment in January; staff also noted the city expects to refine procedures as implementation proceeds and that some provisions have been challenged in other jurisdictions.
The commission’s action updates local ADU rules to reflect state requirements (size limits, occupancy and meter restrictions, and historic-district applicability) and begins the local implementation process.
