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Home My WebLink About22647 1 ORDINANCE NO. 22,647 2 AN ORDINANCE TO ESTABLISH CLEAR STANDARDS FOR THE 3 DEVELOPMENT OF ACCESSORY DWELLING UNITS IN 4 COMPLIANCE WITH ACT 313 OF 2025, TO AMEND ORDINANCES 5 AND CITY CODE PROVISIONS OF THE LITTLE ROCK REVISED 6 CODE OF ORDINANCES (1988) ACCORDINGLY, TO DECLARE AN 7 EMERGENCY; AND FOR OTHER PURPOSES. 8 9 WHEREAS, the Arkansas General Assembly enacted Act 313 of 2025, which mandates that 10 municipalities allow at least one (1) accessory dwelling unit as a permitted use on lots containing single- 11 family dwellings; and, 12 WHEREAS,it is desirable for the City of Little Rock to establish a clear regulatory framework for the 13 development of accessory dwelling units to ensure compliance with Act 313 of 2025; and, 14 NOW, THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 15 OF LITTLE ROCK,ARKANSAS. 16 Section 1. Little Rock,Ark, Rev.Code Chapter 36,Article I, Subsection 36-2 is amended as follows: 17 Accessory building or use means a building or use which: 18 (1) Is located on the same zoning lot as the principal building or principal use; 19 (2)Serves the principal building or principal use; 20 (3)In other than a residentially-zoned district, is subordinate in area, extent or purpose to 21 the principal building or principal use served. Accessory structures in residentially-zoned 22 districts shall be subordinate in area, extent and purpose to the principal building and 23 residential use; and 24 (4) Contributes to the comfort, convenience or necessity of occupants of the principal 25 building or principal use. 26 Accessory dwelling unit means a self-contained and independently accessed living unit that 27 includes its own cooking, sleeping, and sanitation facilities, and that is a subordinate 28 accessory unit to a primary or principal structure of a greater square footage on the same 29 lot or parcel. Such accessory dwellings shall comply with the bulk and area provisions 30 of Sec. 36-156 and Sec. 36-252, unless applicable to regulations set forth in Sec. 36-204. 31 Section 2. Little Rock, Ark, Rev. Code Chapter 36, Article V, Division 1, Subsection 36-204 is 32 amended as follows: [Page 1 of 41 1 (a) Purpose and Intent. 2 The purpose of this section is to establish clear standards for the development of one(1)accessory 3 dwelling unit on single-family residential lots as a permitted use by right, in accordance with Act 4 313 of 2025 of the State of Arkansas. 5 (b) Permitted use. 6 (1) A maximum of one(1)accessory dwelling unit is allowed as a permitted use in all zoning 7 districts when it is an accessory unit to a single-family dwelling of a greater square footage 8 on the same parcel or lot, meeting the definition of an accessory dwelling unit and all 9 applicable development standards outlined in [subsection(b)]. 10 a. A detached accessory dwelling unit shall not be erected or occupied before the 11 primary single-family dwelling is erected on the same parcel or lot, unless 12 approved for temporary use during construction by the Director of the Planning 13 and Development Department. 14 b. A will-serve letter is required from applicable water and wastewater utilities. 15 c. No provision of this section shall be construed so as to relieve compliance with 16 all other applicable requirements of the municipal code,not in contradiction with 17 A.C.A. § 14-56-205. 18 (2) Development standards. The development standards shall apply to all accessory dwelling 19 units allowed by-right per [section(b)(1)]. 20 a. Location. An accessory dwelling unit may be attached, detached, or internal to 21 the single-family dwelling on the lot or parcel. Whether detached, attached, or 22 internal, the unit shall conform to the setback requirements applicable to single- 23 family dwellings of the applicable zoning district. 24 b. Area. When detached or attached, the unit shall not be more than seventy-five 25 percent (75%) of the gross floor area of the single-family dwelling or one 26 thousand square feet(1,000 sq. ft.), whichever is less. 27 c. Lot Coverage. The accessory dwelling unit shall conform to the lot coverage 28 requirements for single-family developments of the applicable district where 29 prescribed. 30 d. Height.No accessory dwelling shall exceed the permitted height of the respective 31 applicable zoning district. [Page 2 of 41 1 (c) Variances. 2 (1) Accessory dwelling units defined by [section (b)(1)] but which do not meet the 3 development standards outlined in [section (b)(2)] shall be processed as a request for a 4 variance as per Sec. 36-69-70 of the Little Rock Municipal Code,through the Board of 5 Adjustments. 6 (2) The mere fact that the placement of an accessory dwelling unit is to be placed on a location 7 previously granted a variance for a non-residential use does not guarantee that any 8 variance for an accessory dwelling unit will be granted. 9 (d) Applicability. Any regulation or restriction in Chapter 36 that is more restrictive than this section 10 shall not apply to accessory dwelling units defined by [section (b)(1)]. The regulations of this 11 section for accessory dwelling units defined by [section(b)(I)] shall supersede any regulation in 12 Chapter 36 that is more permissive than this section. 13 (e) Additional Units. Any additional accessory dwelling units, beyond one (1) unit as defined by 14 [section(b)(1)],or units accessory to non-single-family primary structures on a lot or parcel,shall 15 conform to applicable regulations of the municipal code. 16 (f) Short-term rentals. No provision of this section shall be construed so as to relieve compliance 17 with Sec. 36-601 of the Little Rock Municipal Code. 18 Section 3. Little Rock, Ark, Rev. Code Chapter 36, Article VIII, Subsection 36-502 is amended as 19 follows: 20 (b)The following shall constitute minimum standards for the provision of off-street parking spaces: 21 (I)Residential uses. 22 a. Single-family dwelling, 1.0 space per dwelling unit. 23 b. Accessory dwelling, 1.0 space per unit. Accessory dwelling defined by Sec. 36-204 (b)(1), 24 no space per dwelling unit required. 25 Section 6.Severability. In the event any title, section, paragraph, item, clause, phrase, or word of this 26 ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall 27 not affect the remaining portion of the ordinance which shall remain in full force and effect as if the portion 28 so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. 29 Section 7.Repealer. All laws, ordinances, resolutions, including but not limited to Little Rock, Ark., 30 Ordinance No. 18,228(March 7,2000),or parts of the same that are inconsistent with the provisions of this 31 ordinance area hereby repealed to the extent of such inconsistency. ]Page 3 of 4] 1 Section 8.Emergency Clause. The implementation of new legislation that takes effect on August 5, 2 2025, includes new legislative definitions and regulations for accessory dwelling units, and the City has 3 already received such applications which requires immediate change to the City's zoning ordinances in 4 order to protect the public health, safety and welfare; an emergency is,therefore,declared to exist and this 5 ordinance shall be in full force and effect from and after the date of its passage. 6 PASSED: August 19,2025 7 ATTEST: APPROVED: 8 9 MI/OAA 10 Allison Segars,City Frank Scott,Jr.,Mayor 11 APPROVED AS TO LEGAL FORM: 12 13 4,144.40/ .• 14 Thomas M.Carpenter,City A orney 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // [Page 4 of 41