CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO 21-2026
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ADOPTING A ZONING ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR CHILDCARE FAMILY HOMES IN ACCORDANCE WITH A.C.A. § 20-78-229, AND FOR OTHER PURPOSES AND AMENDING THE PERMITTED AND CONDITIONAL USE LEGEND
WHEREAS, the City of Van Buren has adopted Ordinance 07-1963 relating to the zoning laws of the City of Van Buren, providing definitions, general provisions; provisions governing zoning districts, exceptions and modifications, enforcement, and a Board of Adjustment, as allowed by A.C.A. § 14-56-401 et. seq.; and
WHEREAS, the Arkansas Code Annotated § 20-78-229 establishes standards for childcare family homes; and
WHEREAS, it has been determined by the City Council that there is a need to add provisions in the Van Buren Municipal Code to comply with A.C.A. § 20-78-229 concerning the regulations of childcare family homes and to add provisions for commercial childcare facilities; and
WHEREAS, the Planning Commission reviewed these amendments at a public hearing that was held on April 7, 2026; and
WHEREAS, the proposed changes were recommended by a majority vote of the entire Planning Commission; and
WHEREAS, Arkansas Code Annotated§ 14-55-207 allows for the adoption of technical codes, such as amendments to the Zoning Ordinance, by reference.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS THAT:
SECTION 1: The zoning code amendments for Childcare Facilities as described above are and have been prior to adoption on file in the office of the City Clerk, the availability of such codes, for inspection by the public, has been duly published.
SECTION 2: The zoning code amendments as described above, which are attached as attachment "A" are hereby adopted.
SECTION 3: The codifier shall codify the adopted amendments in Division 4, General Provisions, new Chapter 14.04.24 of the Van Buren Municipal Code.
SECTION 4: The Permitted and Conditional Use Legend, which is codified as Section 14.04, Appendix A of the Van Buren Municipal Code and is attached as Attachment B to this ordinance, is amended for the purpose of adding childcare family homes and amending existing provisions.
SECTION 5: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable.
SECTION 6: All laws, ordinances, resolutions, or parts of same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and 0 against, the foregoing Ordinance at its meeting held on the 27th day of April 2026.
/s/ Joseph P. Hurst
Joseph P. Hurst
Mayor
/seal/
ATTESTED:
/s/ Shawnna Reynolds
Clerk/Treasurer
APPROVED AS TO FORM:
Jacob Howell
City Attorney
Attachment "A"
14.04.24 CHILDCARE FACILITIES
1. Definitions: The following definitions shall apply to this section.
Day Care Center means a commercial facility operated for the purpose of providing care, protection, and guidance for more individuals during only part of a 24-hour day. The term day care center includes nursery schools, preschools, day centers for individuals, and other similar uses but excludes public and private educational facilities or any y facility offering care to individuals for a full 24-hour period.
Childcare family home means a childcare setting in which the caregiver provides childcare in a family residence or a residence with a homelike environment.
2. Childcare facilities:
(a) Childcare facilities shall be limited by the requirements of the State of Arkansas in licensing such a facility.
(b) Commercial childcare. The following provisions apply to commercial childcare facilities:
a. Commercial day care centers,pre-schools, kindergartens, and nurseries must be operated from structures that are commercial in nature or operated within a religious or other approved facility.
b. A conditional use permit is required for all commercial day cares.
(c) Childcare family homes.
1. Childcare Family Homes are allowed by right in any zoning district in which residential uses are permitted.
2. A Childcare Family Home requires a business license when one (1) or more persons care for six (6) or more children, from more than one (1) family at the same time. A maximum of sixteen (16) children may be cared for with a Childcare Family Home license from the State and approval from the Fire Department and City and Zoning.
3. Childcare Family Homes shall be operated in a manner that will not change the character of the residence.
4. The business/operations must occur in the primary residence on the property.
5. The owner/operator must live in the residence.
6. All pick-up and drop-off of children shall be on the property's driveway and not on the public right-of-way. No on-street loading is permitted in a manner that blocks travel lanes, fire or emergency vehicle access or mail service.
7. Applicant must provide an operations plan addressing:
a. Staggered drop-off/pick-up windows.
b. Use of driveway or on-site spaces for loading (no queuing in travel lanes of the street).
c. Parkin for any assistants.
8. Any assistants or employees are permitted but only those that are required by the State licensing requirements. Parking for any assistants/employees that are required by the State licensing must be on-site and shall comply with the same requirements as for the pick-up and drop off of children.
9. No on-site signs or advertising the address of the business are permitted.
10. City approvals are conditioned on maintaining current State license and passing City life safety and fire inspections. Any State suspension or expiration will void the City's license.
11. Should the flow of traffic and parking become a substantiated problem or in non compliance with these regulations the City's approval will be suspended or revoked. The owner can appeal the revocation by filing a plan of corrective action or filing an appeal to the Planning Commission. The Planning Commission has the authority to approve, deny or amend the existing or revised operations plan.
This publication was paid by the City of Van Buren Administration at the cost of $447.58.
