City discusses new state rule on ADUs; staff warns local restrictions could conflict with statute

Board members discussed Aug. 12 a proposed ordinance to implement state law on accessory dwelling units (ADUs) and how to avoid legal conflicts with the statute.
City planning staff said the ordinance language follows state law and includes provisions intended to prevent the construction of an ADU before a primary single‑family dwelling exists unless the director of planning approves temporary use during construction. "Under permitted uses, we said that a detached accessory dwelling unit shall not be erected or occupied before the primary single family dwelling is erected on the same parcel or lot unless approved for temporary use during construction by the director of planning and development," a planning staff member told the board.
Legal counsel (Mr. Carpenter) cautioned that the statute’s language is not always clear and that local requirements that are more restrictive than state law risk legal challenge. Carpenter noted a provision in the legislation that any more‑restrictive local rules could end on Jan. 1, 2026, and warned about inconsistent interpretations that could force the city to defend its ordinance in court.
Board members raised specific local concerns after receiving public complaints about activity on Mount Vista, where work was described by one member as resembling duplex construction on single‑family lots. Staff said a "will serve" letter from applicable water and wastewater utilities — Central Arkansas Water (CAW) and Little Rock Water Reclamation Authority — is required under the state law and that the city has asked applicants to provide those letters.
No final vote on the ordinance was recorded at the Aug. 12 agenda meeting; staff said they were seeking clarification and drafting clarifying language about variances and sequencing of primary and accessory structures.