HB1503
To Amend The Law Concerning Municipal Regulations; And To Prohibit Certain Restrictions On The Regulation Of Accessory Dwelling Units.
AI-Generated Summary
This bill, if enacted, would establish state-level regulations concerning accessory dwelling units (ADUs) within municipalities in Arkansas. It defines an ADU as a self-contained living space on the same property as a single-family dwelling. The bill mandates that municipalities must allow at least one ADU by right, meaning its approval should not require public hearings, variances, or other discretionary zoning actions. It also prohibits municipalities from imposing certain restrictions on ADUs, such as requiring additional parking, specific exterior matching to the primary dwelling, owner occupancy, or familial relationships between residents. Furthermore, it limits development impact fees to $250 and restricts requirements for public street or sidewalk improvements. The bill sets size limitations for detached or attached ADUs and allows municipalities to charge a review fee of up to $250. However, it clarifies that this does not prohibit municipalities from regulating short-term rentals or adopting regulations more permissive than those outlined.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be property owners looking to add accessory dwelling units to their properties, potentially increasing housing options and rental income. Homeowners who wish to create secondary living spaces for family members or for rental purposes without facing significant regulatory hurdles would also benefit. Additionally, individuals seeking more diverse and potentially affordable housing options within existing neighborhoods could benefit from an increase in ADU availability. Municipalities, while having some regulations restricted, would have a clearer framework for ADU approvals, potentially streamlining processes for a specific type of development.
Who Might Suffer?
Municipalities that have existing regulations on accessory dwelling units that are more restrictive than what is proposed in this bill could be negatively impacted, as they would be required to amend or invalidate those regulations. Residents in established single-family neighborhoods who may be concerned about increased density, changes to neighborhood character, or potential impacts on infrastructure and parking, even with the bill's limitations, could also be negatively impacted. Additionally, developers of ADUs might be impacted by the capped fees and restrictions on certain requirements, though the intent is to facilitate development.