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Arkansas Senate Bill SB456

Arkansas 2025 Regular Session

Arkansas Senate Bill SB456 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *SSS204* 03/13/2025 1:57:40 PM SSS204
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 456 3
66 4
77 By: Senator J. Petty 5
88 By: Representative R. Burkes 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE THE HOME OPPORTUNITIES MADE EASIER 9
1212 ACT; AND FOR OTHER PURPOSES. 10
1313 11
1414 12
1515 Subtitle 13
1616 TO CREATE THE HOME OPPORTUNITIES MADE 14
1717 EASIER ACT. 15
1818 16
1919 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
2020 18
2121 SECTION 1. Arkansas Code Title 14, Chapter 1, is amended to add an 19
2222 additional subchapter to read as follows: 20
2323 21
2424 Subchapter 7 —— Home Opportunities Made Easier Act 22
2525 23
2626 14-1-701. Title. 24
2727 This subchapter shall be known and may be cited as the "Home 25
2828 Opportunities Made Easier Act". 26
2929 27
3030 14-1-702. Legislative findings. 28
3131 The General Assembly finds that: 29
3232 (1) Working families are finding it increasingly difficult to 30
3333 purchase or rent a home in or close to the communities where they work; 31
3434 (2) Many moderate-income workers are working two (2) or three 32
3535 (3) jobs to meet their monthly housing expenses; 33
3636 (3) The gap between those who can afford a home and those who 34
3737 cannot is widening at an alarming rate, and affordable rental housing is in 35
3838 short supply; 36 SB456
3939
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4141 (4) Regulatory barriers by state and local governments often 1
4242 prevent the construction of a mix of different types of housing in various 2
4343 price ranges; 3
4444 (5) In some areas of the country regulatory delays and excesses 4
4545 have added as much as twenty percent (20%) to the cost of building housing; 5
4646 and 6
4747 (6) Arkansas desires to be a leader in providing solutions to 7
4848 difficult problems like those described in this section. 8
4949 9
5050 14-1-703. Purpose. 10
5151 It is the purpose of this subchapter to: 11
5252 (1) Recognize that people should be able to use their property 12
5353 for reasonable and traditional uses, without unreasonable, arbitrary, or 13
5454 discriminatory zoning regulations that impair property rights and create a 14
5555 shortage of affordable housing; and 15
5656 (2) Allow private citizens to create more housing, free from 16
5757 unreasonable local regulations. 17
5858 18
5959 14-1-704. Definitions. 19
6060 As used in this subchapter: 20
6161 (1) "Duplex" means a house divided into two (2) dwelling units, 21
6262 with a separate entrance for each; 22
6363 (2) "Dwelling unit" means: 23
6464 (A) A house; 24
6565 (B) An apartment; or 25
6666 (C) Other place of residence; 26
6767 (3) "Home occupation" means a business conducted full -time or 27
6868 part-time in a dwelling unit or a secondary dwelling unit that serves as the 28
6969 principal residence of the person conducting the business; 29
7070 (4)(A) "Local government" means: 30
7171 (i) A county; 31
7272 (ii) A city of the first class; 32
7373 (iii) A city of the second class; or 33
7474 (iv) An incorporated town; 34
7575 (B) "Local government" includes: 35
7676 (i) The governing body of a local government; 36 SB456
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7979 (ii) A local government zoning board; and 1
8080 (iii) A local government planning board. 2
8181 (5)(A) "Mobile tiny home" means a residence that is: 3
8282 (i) Under five hundred square feet (500 sq. ft.); 4
8383 and 5
8484 (ii) On wheels so that it is mobile. 6
8585 (B) "Mobile tiny home" does not include a traditional: 7
8686 (i) Car; 8
8787 (ii) Truck; or 9
8888 (iii) Sports utility vehicle; 10
8989 (6) "Nuisance" means unreasonable interference with the 11
9090 possessory interest of an individual in the use or enjoyment of the 12
9191 individual’s land, including without limitation: 13
9292 (A) Pollution; 14
9393 (B) Noise; 15
9494 (C) Unpleasant odor; 16
9595 (D) Mist; 17
9696 (E) Dust; 18
9797 (F) Harmful use of pesticides; and 19
9898 (G) Vibration; 20
9999 (7) "Public transportation stop" means a stop where a bus, 21
100100 subway, or other public transit service picks up and drops off passengers; 22
101101 (8) "Quadplex" means a house divided into four (4) dwelling 23
102102 units, with a separate entrance for each; 24
103103 (9) "Secondary dwelling unit" means a secondary house or 25
104104 apartment that shares the same lot as a primary home; 26
105105 (10)(A) "Tiny home" means a detached residence that is under 27
106106 five hundred square feet (500 sq. ft.). 28
107107 (B) "Tiny home" does not include a: 29
108108 (i) Tent; or 30
109109 (ii) Home made from: 31
110110 (a) Cardboard crates; 32
111111 (b) Scrap wood; 33
112112 (c) Plastic bags; 34
113113 (d) Bedding; 35
114114 (e) Tarps; or 36 SB456
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117117 (f) Other materials similar to those listed in 1
118118 subdivisions (10)(B)(ii)(a) -(e); and 2
119119 (11) "Triplex" means a house divided into three (3) dwelling 3
120120 units, with a separate entrance for each. 4
121121 5
122122 14-1-705. Restrictions on design requirements for dwelling units, 6
123123 secondary dwelling units, and garages. 7
124124 (a) Except as otherwise provided in this section, a local government 8
125125 shall not establish design requirements for the aesthetics of dwelling units, 9
126126 secondary dwelling units, and garages unless those design requirements are 10
127127 necessary to protect: 11
128128 (1) Public health and safety; or 12
129129 (2) The structural integrity of the buildings. 13
130130 (b) Design requirements prohibited under this section include without 14
131131 limitation: 15
132132 (1) Requiring or prohibiting a certain architectural style of 16
133133 home, including without limitation: 17
134134 (A) Victorian; 18
135135 (B) Craftsman; 19
136136 (C) Ranch; or 20
137137 (D) Other type of architectural style; 21
138138 (2) Requiring certain exterior building materials, including 22
139139 without limitation: 23
140140 (A) Stone; 24
141141 (B) Brick; or 25
142142 (C) A specific type of siding; 26
143143 (3) Requiring a certain amount or style of landscaping, unless 27
144144 the landscaping is necessary to: 28
145145 (A) Address drainage and water runoff; or 29
146146 (B) Create permeable surfaces; and 30
147147 (4) Requiring garages or establishing architectural requirements 31
148148 for garages, unless necessary: 32
149149 (A) To protect public health and safety; or 33
150150 (B) For the structural integrity of the garage. 34
151151 (c) Except as otherwise provided in this section, a decision on design 35
152152 requirements is at the sole discretion of a: 36 SB456
153153
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155155 (1) Property owner; or 1
156156 (2) Private homeowners’ association, if applicable. 2
157157 (d) Design requirements shall otherwise be permissible unless the 3
158158 design requirements: 4
159159 (1) Constitute a nuisance; or 5
160160 (2) Conflict with existing design requirements made applicable 6
161161 by a property’s inclusion within an already designated historic district 7
162162 under the Historic Districts Act, § 14-172-201 et seq. 8
163163 9
164164 14-1-706. Multi-family dwelling units. 10
165165 (a)(1) A zoning ordinance that allows single -family dwelling units 11
166166 shall also allow duplexes. 12
167167 (2) A local government may require a duplex to comply with 13
168168 reasonable setback and height restrictions applicable to a single -family 14
169169 dwelling unit but shall not establish additional requirements or restrictions 15
170170 on the duplex. 16
171171 (b)(1) A city of the first class or a city of the second class that 17
172172 allows single-family dwelling units shall also allow triplexes and 18
173173 quadplexes. 19
174174 (2) A local government may require triplexes and quadplexes to 20
175175 comply with setback and height restrictions applicable to single -family 21
176176 dwelling units but shall not establish additional requirements or 22
177177 restrictions on triplexes or quadplexes. 23
178178 (c) A local government shall not prohibit or restrict a property owner 24
179179 from fully or partially demolishing or removing an existing structure on a 25
180180 single-family dwelling unit zoned property that the property owner wishes to 26
181181 convert to a: 27
182182 (1) Duplex; 28
183183 (2) Triplex; or 29
184184 (3) Quadplex. 30
185185 (d) A local government shall not prohibit or restrict a property owner 31
186186 from subdividing an existing single -family dwelling unit zoned lot in a 32
187187 manner and number consistent with the establishment of a duplex, triplex, or 33
188188 quadplex on that lot. 34
189189 35
190190 14-1-707. Attached or unattached secondary dwelling unit allowed for 36 SB456
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193193 single-family dwelling unit. 1
194194 (a) A lot that contains a single -family dwelling unit may have an 2
195195 attached or detached secondary dwelling unit. 3
196196 (b)(1) A local government may establish reasonable and objective 4
197197 restrictions on a secondary dwelling unit, which may include reasonable 5
198198 setback requirements. 6
199199 (2) Reasonable restrictions under this section do not include a: 7
200200 (A) Requirement that the secondary dwelling unit have a 8
201201 permanent foundation; 9
202202 (B) Prohibition on a secondary dwelling unit's being a 10
203203 mobile tiny home; 11
204204 (C) Requirement that the owner of the single -family 12
205205 dwelling unit also own the secondary dwelling unit; 13
206206 (D) Requirement that the owner of the single -family 14
207207 dwelling unit reside on the property that has a secondary dwelling unit; 15
208208 (E) Prohibition on renting the secondary dwelling unit; or 16
209209 (F) Requirement that the occupant of the secondary 17
210210 dwelling unit be related by blood or marriage to the owner of the single -18
211211 family dwelling unit. 19
212212 (c)(1) If a local government requires permits for secondary dwelling 20
213213 units, permit applications that comply with the local government’s reasonable 21
214214 restrictions shall be administratively approved. 22
215215 (2) If the local government does not deny the permit within 23
216216 thirty (30) days, the permit shall be deemed approved. 24
217217 (d)(1) Instead of having a secondary dwelling unit, a property owner 25
218218 may rent space on the owner’s land to one (1) mobile tiny home, whether or 26
219219 not the property owner owns the mobile tiny home. 27
220220 (2) An arrangement under subdivision (d)(1) of this section does 28
221221 not require a permit, registration, or other form of permission. 29
222222 (e) A local government shall not prohibit or restrict a property owner 30
223223 from subdividing an existing lot in a manner and number consistent with the 31
224224 establishment of a secondary dwelling unit on the lot. 32
225225 33
226226 14-1-708. Restrictions on tiny homes and other dwellings. 34
227227 (a)(1) An owner of a residential vacant lot or other lot allowing 35
228228 residential use may establish a tiny home, including a mobile tiny home, on 36 SB456
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231231 the lot. 1
232232 (2) The tiny home may be inhabited by the property owner or 2
233233 rented to another person or persons. 3
234234 (3) A local government shall not establish durational limits or 4
235235 restrictions on tiny homes offered for rent under this section. 5
236236 (b) A home that is manufactured in compliance with the United States 6
237237 Department of Housing and Urban Development federal regulations under 42 7
238238 U.S.C. § 3531 et seq., as it existed on January 1, 2025, shall be permitted 8
239239 in a residential zone without requiring additional standards or inspections. 9
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241241 14-1-709. Building permits for dwelling units —— Unreasonable delays 11
242242 and fees prohibited. 12
243243 (a) A permit required for a dwelling unit besides a secondary dwelling 13
244244 unit shall be deemed approved if not denied within sixty (60) days. 14
245245 (b)(1) More than two (2) hearings before a local government shall not 15
246246 be required for a building permit. 16
247247 (2) This subsection does not apply to a resident’s inquiries 17
248248 made to an elected official, staff, or other government official of the local 18
249249 government. 19
250250 (3) This subsection does not affect an applicant’s right to 20
251251 appeal an adverse zoning decision. 21
252252 (c)(1) A local government shall not require excessive fees for permit 22
253253 applications or approvals. 23
254254 (2) Fees over five hundred dollars ($500) are presumptively 24
255255 excessive. 25
256256 (d) A local government shall not require: 26
257257 (1) Permit applicants to pay for an unreasonable number of 27
258258 studies on the proposed dwelling unit; or 28
259259 (2) Studies at an unreasonable expense. 29
260260 (e) An obligation imposed as a condition of the issuance of a permit 30
261261 for a dwelling unit shall: 31
262262 (1) Bear a clear nexus to the project or use for which the 32
263263 permit is issued; and 33
264264 (2) Be expressly stated by the issuing authority at the time of 34
265265 the issuance of the permit and shall not be modified thereafter. 35
266266 36 SB456
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269269 14-1-710. Variances for use or construction of dwelling units and 1
270270 secondary dwelling units —— Unreasonable delays and fees prohibited. 2
271271 (a)(1) A request for a variance related to the use or construction of 3
272272 a dwelling unit shall be deemed approved if not denied within sixty (60) 4
273273 days. 5
274274 (2) A request for a variance related to the use or construction 6
275275 of a secondary dwelling unit shall be deemed approved if not denied within 7
276276 thirty (30) days. 8
277277 (b) More than two (2) hearings before a local government shall not be 9
278278 required for a request for a variance. 10
279279 (c) Total fees for a variance for the use or construction of a 11
280280 dwelling unit or a secondary dwelling unit, including any amount required to 12
281281 be held in escrow, shall not exceed five hundred dollars ($500). 13
282282 (d) An obligation imposed as a condition of the issuance of a variance 14
283283 for the use or construction of a dwelling unit of a secondary dwelling unit 15
284284 shall: 16
285285 (1) Bear a clear nexus to the use or construction for which the 17
286286 variance is issued; and 18
287287 (2) Be expressly stated by the local government at the time of 19
288288 the issuance of the variance and shall not be modified thereafter. 20
289289 21
290290 14-1-711. Parking restrictions. 22
291291 The construction of a dwelling unit shall not be conditioned on minimum 23
292292 parking requirements if the dwelling unit is within one half (1/2) mile of a 24
293293 public transportation stop. 25
294294 26
295295 14-1-712. Home occupations. 27
296296 (a)(1) Except as provided under subsection (b) of this section, a home 28
297297 occupation shall be allowed without a permit in all residential zoning 29
298298 districts, unless the home occupation would result in a nuisance. 30
299299 (2) A home occupation shall be allowed in a dwelling unit or a 31
300300 secondary dwelling unit by a resident of the dwelling unit or the secondary 32
301301 dwelling unit. 33
302302 (3) A local government shall provide a person operating a home 34
303303 occupation that is allegedly in violation of this subsection with notice and 35
304304 an opportunity to be heard before restricting or prohibiting the home 36 SB456
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307307 occupation. 1
308308 (b)(1) A local government may establish reasonable restrictions on the 2
309309 operation of home occupations to prevent a nuisance. 3
310310 (2) A reasonable restriction under subdivision (b)(1) of this 4
311311 section does not include: 5
312312 (A) Prohibitions on storing inventory or using equipment 6
313313 on the premises, including outside the home, unless the inventory or 7
314314 equipment usage is a genuine public safety hazard or other nuisance; 8
315315 (B)(i) Except as provided in subdivision (b)(2)(B)(ii) of 9
316316 this section, prohibitions on a customer from visiting the dwelling where the 10
317317 home occupation is located. 11
318318 (ii) Reasonable restrictions on parking and the 12
319319 number of daily or weekly customers shall be allowed; 13
320320 (C) Prohibiting two (2) or fewer nonresident employees 14
321321 from working at the home occupation; 15
322322 (D) Requirements for structural modifications for a home 16
323323 occupation; 17
324324 (E) Restrictions on the amount of floor space the home 18
325325 occupation may use; 19
326326 (F) Categorical prohibitions on certain types of home 20
327327 occupations, unless those businesses would inherently cause a nuisance; 21
328328 (G) Prohibitions on home occupations used for charitable 22
329329 purposes; and 23
330330 (H) Limits on the number of home occupations in one (1) 24
331331 dwelling. 25
332332 26
333333 14-1-713. Other uses in commercially zoned districts. 27
334334 Subject to the local powers reserved in this subchapter and unless 28
335335 otherwise provided by law, a local government shall not prohibit or restrict: 29
336336 (1) Residential uses in commercial zones; or 30
337337 (2) Commercial or noncommercial uses for charitable purposes in 31
338338 commercial zones. 32
339339 33
340340 14-1-714. Retail restrictions. 34
341341 A local government shall not: 35
342342 (1) Limit or restrict the number of dwellings or dwelling units 36 SB456
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345345 that may be rented; 1
346346 (2) Limit the amount of rent, deposits, or fees a property owner 2
347347 may require to lease a dwelling or dwelling unit; 3
348348 (3) Set minimum or maximum durational restrictions for rental 4
349349 units; 5
350350 (4) Restrict the number of unrelated residents from living 6
351351 together, unless such residents create a: 7
352352 (A) Genuine and demonstrable risk to public health and 8
353353 safety; or 9
354354 (B) Nuisance; 10
355355 (5) Require a permit, permission, or registration to offer a 11
356356 property for rent, unless the property offered for rent is: 12
357357 (A) The subject of more than four (4) verified violations 13
358358 in a rolling twelve-month period or two (2) or more verified violations in a 14
359359 rolling thirty-day period; or 15
360360 (B) Identified as being within the top ten percent (10%) 16
361361 of properties with crime or disorder problems as set forth in a local 17
362362 ordinance; or 18
363363 (6) Establish excessive or onerous fees or taxes for a permit or 19
364364 permission to offer a property for rent. 20
365365 21
366366 14-1-715. Connection of zoning ordinances to health and safety. 22
367367 (a) All zoning ordinances shall have a real and substantial connection 23
368368 to protecting public safety, health, or reasonable enjoyments and 24
369369 expectations of property, including without limitation: 25
370370 (1) Requiring the structural integrity of structures; 26
371371 (2) Requiring safe plumbing; 27
372372 (3) Requiring safe electricity; and 28
373373 (4) Preventing nuisances. 29
374374 (b) A zoning ordinance not in compliance with this section is invalid 30
375375 and unenforceable. 31
376376 32
377377 14-1-716. Access to courts. 33
378378 (a)(1) An individual or party who is allegedly harmed by a local 34
379379 government's law, actions, or omission in violation of this subchapter may 35
380380 challenge the law, action, or omission in state or federal court. 36 SB456
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383383 (2) The court shall also have jurisdiction to decide any factual 1
384384 or legal claims that were or could have been presented by the individual. 2
385385 (b) An individual or party filing a court challenge under this section 3
386386 shall not be required to first exhaust administrative remedies before filing 4
387387 the challenge. 5
388388 (c) If a court finds that a challenged local government action was 6
389389 unambiguously foreclosed under the terms of this subchapter, the property 7
390390 owner filing the challenge shall be entitled to an award of reasonable 8
391391 attorney's fees. 9
392392 (d) An ambiguity in this subchapter or a local zoning ordinance shall 10
393393 be construed in favor of the free use of property as desired by the property 11
394394 owner. 12
395395 13
396396 14-1-717. Estoppel. 14
397397 (a) An individual or party may reasonably rely on the representations 15
398398 of an official of local government, acting in his or her official capacity, 16
399399 with respect to an interpretation of a relevant statute, ordinance, 17
400400 restriction, or regulation under this subchapter. 18
401401 (b) Estoppel shall be an affirmative defense in an action alleging 19
402402 noncompliance with a zoning ordinance if the accused individual or party can 20
403403 demonstrate that he or she reasonably relied on the representations of an 21
404404 official of local government. 22
405405 (c) A local government is estopped from bringing a code enforcement 23
406406 action alleging noncompliance with a zoning ordinance if the accused 24
407407 individual or party can demonstrate that the alleged violation was open and 25
408408 known to the local government or its agents for a period of two (2) years. 26
409409 27
410410 14-1-718. Implementation of subchapter. 28
411411 (a) A local government shall amend the zoning ordinances of the local 29
412412 government to comply with this subchapter within twelve (12) months of the 30
413413 effective date of this act. 31
414414 (b) Failure to amend the zoning ordinances as required under 32
415415 subsection (a) of this section shall not affect the applicability of this 33
416416 subchapter to a local government, which shall apply upon the effective date 34
417417 of this act. 35
418418 (c) Failure of a local government to amend its zoning ordinances shall 36 SB456
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421421 not prevent a property owner from fully exercising the property owner’s 1
422422 rights under this subchapter, including the right to construct any dwellings 2
423423 allowed as a matter of right under this subchapter. 3
424424 4
425425 14-1-719. Powers reserved. 5
426426 (a) This subchapter does not impede the ability of a property owner's 6
427427 association or other private deed -restricted community from setting its own 7
428428 rules and regulations for its residents. 8
429429 (b) This subchapter does not restrict the creation of new dwellings or 9
430430 dwelling units in nonresidential zones. 10
431431 11
432432 14-1-720. Construction. 12
433433 (a) This subchapter does not restrict a local government’s police 13
434434 powers to prohibit the use of tents, crates, or other nonpermanent 14
435435 structures: 15
436436 (1) In parks; 16
437437 (2) On sidewalks; and 17
438438 (3) In other public places. 18
439439 (b) This subchapter does not restrict the power of a local government 19
440440 to permit single-family dwelling units in a residential zoning district. 20
441441 (c) This subchapter is not limited to only residential zoning 21
442442 districts but extends to all areas that provide for permissible residential 22
443443 uses. 23
444444 (d) This subchapter does not restrict the power of a local government 24
445445 to enact a zoning ordinance more permissive than those set forth in this 25
446446 subchapter. 26
447447 27
448448 SECTION 2. Arkansas Code § 14 -56-204(c)(1), concerning the definitions 28
449449 related to prohibited municipal regulation of residential building design 29
450450 elements, is amended to read as follows: 30
451451 (c)(1) As used in this section, “residential building design elements” 31
452452 means: 32
453453 (A) Exterior building color; 33
454454 (B) Type or style of exterior cladding material; 34
455455 (C) Style or materials of roof structures, roof pitches, 35
456456 or porches; 36 SB456
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459459 (D) Exterior nonstructural architectural ornamentation; 1
460460 (E) Location, design, placement, or architectural styling 2
461461 of windows and doors, including garage doors and garage structures; 3
462462 (F) The number and types of rooms; 4
463463 (G) The interior layout of rooms; and 5
464464 (H) The minimum square footage of a structure ; and 6
465465 (I) Architectural building style, including a requirement 7
466466 or prohibition on a certain architectural style of home . 8
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