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Texarkana adopts accessory-dwelling-unit rules, attaches emergency clause
Summary
The board approved an ordinance allowing one accessory dwelling unit (ADU) by right on lots with single-family homes, following state law. The measure limits ADU size and placement, forbids requiring owner-occupancy or additional parking, and was adopted with an emergency clause to take effect immediately.
The Texarkana Board of Directors adopted an ordinance implementing the state law permitting one accessory dwelling unit (ADU) by right on lots with single-family homes and attached an emergency clause so the city complies immediately.
Planner Jamie, presenting the item, described an ADU as "a self-contained independently accessed living unit on the same parcel as a single family dwelling ... It has to have its own cooking, sleeping, and sanitation facilities." The ordinance allows a single ADU per lot by right; a second ADU would require a conditional-use permit. ADUs may be attached, detached or internal, must meet zone setbacks, and must be at least 10 feet from other structures.
Size and other limits: The ordinance caps ADUs at the lesser of 75% of the primary home's square footage or 1,000 square feet. The ordinance follows the state bill in prohibiting the city from requiring separate utilities, owner-occupancy, additional parking, or building standards more restrictive than those for single-family homes.
Covenants and local restrictions: Jamie and board members noted the ordinance does not override private restrictive covenants or homeowners-association rules; those private agreements continue to govern where applicable. Jamie said the state bill contains similar language.
Board action: After three readings, the board voted to adopt the ordinance and to attach an emergency clause so the rules take effect immediately to bring the city into compliance with the state law.
What happens next: Staff will publish the ordinance text and update planning materials and application forms to reflect ADU rules and the emergency effective date.
