ORD NO 16-2025 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. NN-2025
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 ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH ARKANSAS ACT 313 OF 2025 AND AMENDING THE
PERMITTED AND CONDITIONAL USE LEGEND AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
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 General Assembly approved Act 313 of 2025 regarding municipal
regulations for accessory dwelling units; 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 Arkansas Act 313 of 2025
concerning the regulations of accessory dwelling units; and
WHEREAS, the Planning Commission reviewed these amendments at a public hearing that was
held on October 7, 2025; and
WHEREAS, the proposed changes were recommended by a majority vote of the entire Planning
Commission; and
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 Accessory Dwelling Units 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 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"
is amended for the purpose of adding Accessory Dwelling Units.
SECTION 4: The codifier shall codify the adopted amendments in Division 4, General
Provisions,new Chapter 14.04.22 of the Van Buren Municipal Code.
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 Cityof Van Buren Arkansas b its City Council did
� Y tY ,
pass, approve, and adopt, by a vote of�L for and against, the foregoing Ordinance at its
meeting held on the 27th day of October 2025.
�`�G�erk 7r�as co
J seph . Hurst, Mayor
ATTESTED: City of Van Buren APPROVED AS TO FORM:
my
oy
0/ry Couniy.P��a
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Shawnna Rey Ids Jacob Howell
Clerk/Treasurer City Attorney
wa knei"' °fir"p„ �,,r..m :,.Ia .s,tips � " '��az`�
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1003 Broadway Vaix Buren, Arbansai 72956
tTAN BUR EN CITV COUNCIL MEMORANDUM
TO. MAYOR.JOE HURST AND CITY COUNCIL
1!ROJXI: WALLY BAILEY, PLANNING DIRECTOR
StA3J J,C'T: ARKANSAS ACT 313, 2025 —ACCESSORY DWELLING UNITS
DATE: OCTOBER 20, 2025
Arkansas Act 313 was passed and approved by the General Assembly during their 95'h Regular
session, 2025 (see attached copy). The subtitle of'the.Act is "to amend the law concerning
municipal regulations; and to prohibit certain restrictions on the regulations of accessory
dwelling units."
To comply with Act 313,we prepared a draft of proposed.amendments that would be necessary
for the Van.Buren Municipal Code (Zoning Regulations). The Planning Commission discussed
the proposed amendments at their September 2"d meeting and held a public hearing at the
October 7`'meeting. A majority of the entire Planning Commission voted to recommend these
amendments to the City Council for approval.
The proposed amendments follow the requirements outlined in Act 31.3. Paragraph C is not in the
Act,but other communities have added this relevant section.
Please let me know if you.have any questions or require further information.
Stricken language would be deleted from and underline(] language would be added to present law.
Act 313 of the Regular Session
I State of Arkansas As Engrossed: H314125
2 95di Gieneral Assembly A. B1911
3 Regular Session, 2025 HOUSE BILL, 1503
4
5 By:Representatives Clowney,Painter, Gonzales, B. IfeKenzie, J .Richardson
6 By: Senator Flester
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL
10 REGULATIONS; TO PROHIBIT CERTAIN RESTRICTIONS ON THE
11 REGULATION OF ACCESSORY DWELLING UNITS; AND FOR OTHER
.12 PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE LAW CONCERNING MUNICIPAL
17 REGULATIONS; AND TO PROHIBIT CERTAIN
18 RESTRICTIONS ON THE REGULATION OF
19 ACCESSORY DWELLING UNITS.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code Title 14, Chapter 56, Subchapter 2, is
24 amended to add an additional section to read as follows:
25 1.4-56-205. Accessory dwelling units - Definitions.
26 (a) As used in this section:
27 (1) "Accessory dwe.11ing unit" means a self-contained and
28 independently accessed living unit on the same parcel as a single-family
29 dwelling of greater square footage that includes its own cooking, sleeping,
30 and sanitation facilities and complies with or is otherwise exempt from any
31 applicable regulatory requirements;
32 (2) "By right" means the ability to be approved without
33 requiring:
34 (A) A public hearing;
35 (B) A variance, conditional use permit, special permit, or
36 special exception; or
03-04-2025 10:10:13 SSS 115
As Engrossed: H3/025 TIB 15 0 3
1 discretioaary,
action other than a
2 determination that a site_j2l.,?ji conforms witti Li.pplicable regulator,
3 requirements;
4 13) "Gross floor area" means the interior habitable area of a
5 singl.e-familv f dwell:Llil or or an. accessory dwelling unJ t i
6 _(_4 A)_"Reg-i-il-a.tor.y re LLiiremencsll means_the ec 1- u_ irements
— j_
7 determined by a municipali-tv to be necessary for approval of plans, permits,
8 or applications under this section.
9 includes
to Arkansas Fire Prevention Code as. adopted
11 the State Fire Marshal.;
1.2 Any locally a.dopted ordinances and. amendments
1-3 to the ordinances,
14 (iii) A plicabl-e zoning ordinances and �conditions
15 (iv) Design standards; and
16 (v) Other state and I-ocal laws, rules, and
17 ordinancesa3apl.ica
.18 L5J "Short-term rental" means an individually or collectively
19 owned single-family house or single-family dwelling unit or a unit or group
20 of units in a. condominium, cooperative, timeshare, or owner-occupied
21 residential home that is offered for a fee for thirty (30) days or less; and
22 (6) "Single-family dwelling" means a building with one (1) or
23 more rooms designed for residential living purposes by one (1) household that
24 is detached from any other dwelling unit
25 (b) (1) ExcepL_gs provided in this section, 4 municipality shall not
26 adopt a policy, regulation, or ordinance that restricts, prohibits, or.
27 otherwise regulates the use of at least one (1) accessory dwelling, unit by
28 right on a lot or parcel that contains a single-family dwelling.
29 (2) An accessory dwel.1-ing unit may be attached, detached, or
30 internal to the sJ.ngl.e-family dwelling on. a lot or parcel.
31 (3) If the accessory dwelling unit is detached from or attached
32 to the single-family dwelling, it shall not be more than seventy-five percent
33 (75%) of the gross floor area of the single-family dwelling or one thousand
34 square feet (1,000 sq, ft.) , whichever is less.
35 (c) A municipality shall not:
36 (1) Require that a lot or parcel have additional_ parking to
2 03-04-2025 10: 10: 13 SSS115
As Engrossed: H31/4/25 FIB 1503
1. accommodate an accessory dwellina unit _or recyuire fees in lieu of additional
2 p
3 (2) Require that an accessory_ d.wel.linp, unit match the exterior
.....-----------
des -gn,
__roof pitch, or finishing,, materia s of the sin I.e-familv dweilins;.-
5 (3) Require that the dwel.HIL7 or the accessory
6 dweLlLin iit. be ojccu ied by the owneIrL
7 a familial marital iL. ,_gmp 1 yipent relationslaiv
-
8 between the occupants of the single-family dwellling and the occupants of the
9 accessory dwelling, LIDiL.;
1.0 (5) Assess cic>.vel2pment impact fees on-I the construction of an
11 accessory dwelling unit in excess Of LWO 17LIRdred fifty da114rs 12 �-,nerLt,� t sidewalks as a
_Loy
13 cond-i.tion of permitting an accessory dwelling unit, except: as necessary to
14 reconstruct or repair a public street or sidewalk that is disturbed as a
15 result of the coils t ruction of. the accessory dwelling unit;
16 7)Set maximum building heights, minimum setback requlEements,_
17 minimum lot sizes, maximum lot coverages, or minimum building frontap,es for
18 accessory dwelling units -that are more restrictive than those for the_single-
19 family dwelling on the Ior�
20 (8) Impose more onerous development standards on an accessory
21 dwelling unit beyond those set forth in this section;
22 (9)(A) Require a, restrictive covenant concerning an accessory
23 dwelling unit on a parcel zoned for residential use by a single-family
24 dwelling.
25 (B) (i) Subdivision _Cq)S_9) (AL._2f_this section does not
26 prohibit restrictive covenants concerning, accessory dwelling units entered
27 into between private parties.
28 (ii) Notwithstanding subdivision (c) (9) (B) (i) of
29 this section, a municipality shall not condition a permit, license, or use of
30 an accessory dwelling unit on. the adoption or implementation of a restrictive
31 covenant entered into between private parties; or
32 Cjqj_Require separate water and sewer from the primary
33 structure.
34 (d) This section does not prohibit a municipality from regulating
35 short-term rentals.
36 (e) (1) (A). A municipality may require a fee for reviewing applications
3 03-04-2025 10: 10:13 SSS11.5
As Engrossed: H3/4/25 HB1503
I to create accessory dwelling units.
2 �L_The application fee shall not exceed two hundred fifty
3 dollars ($250) for each accessory dwelling unit..
4 _(2) Sub divi this -ection does not prohibit a
5 municipality from re ttiring its usual building fees in addition to the
6 application fee.
7 ..&_policy g re,ulat.-Lon, or ordinance in effect on or after JanuaKy
8 1) that applies to an accessory dwelling unit and does not comply with
9 this section is invalid to the extent of its conflict with this section.
1.0 (g) A municipality may require an accessory dwelling unit to have.
11 will-serve letter from both a municipal water system and a municipal
12 sewer system;-or
13 (2) Approval from the Department of Health where a municipal
14 water service or municipal sewer service is not available.
15 (h) This section does not:
16 (1) Supersede applicable regulatory requirements; or
17 (2) Prohibit a municipality from adopting.a policy, regulation,
18 or ordinance that is more permissive than the provisions under this section.
19
20 lslclor,,Ile7
21
22
23 APPROVED: 3/18/25
24
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4 03-04-2025 10:10:13 SSS115
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Attachment"All
14.04'22—Accessory Dwelling Units(ADU)
A. Definitkmsas used in this section:
1 An accessory dwelling unit means a self-contained and independently accessed
living unit on the same parcel as a single-family dwelling of greater square
footage that includes its own cooking, sleeping, and sanitation facilities and
complies with nr1S otherwise exempt from any applicable regulatory
requirements.
2 Rv right means the 8biUtytObe approved without requiring:
8. A public hearing
b. A variance, conditional use permit, special permit, or special exception
C. Other discretionary zoning action other than a determination that a site
plan conforms with mppUoobi8 regulatory requirements.
3 Regulatory requirements rOe8DS the [8qUir8rDGOtS determined by the city to be
necessary for approval Ofplans, permits Or applications under this section (8.g.
the currently adopted Building Code, Fire Code, Plumbing Code, Electrical Code,
MeohaniCa(Code' ZoningCOUeOrOth8r(000iorot@taiGvvS' ruiesOrSt8nUarUS
unless specifically amended in this section Or Arkansas Act 313of2O25)
4 Gross floor area means the interior habitable area of single-family dwelling or
8n accessory dwelling unit.
5 Single family dwelling means s building with one (1) Or more rooms designed for
residential living purposes by one(1) household that is detached from any other.
dwelling unit.
B.
� 1' AO accessory dwelling unit iS8n allowed Or permitted land use bv right onG
�
tot or parcel that contains n single-family dwelling.
� 2. There shalt beno more than one accessory dwelling unit allowed per Lot Ur
3. An accessory dwelling unit may be attached , detached, or internal to the
single-family dwelling on a Lot or parcel.
4. If the accessory dwelling unit is detached from or attached to the single-
family dwelling, it shalt not be more than seventy-five percent (75%) of the
gross floor area of the single-family dwelling or one thousand square feet
(1,000 square feet),whichever is less.
parcel that includes a single-family dwelling.
5. N0 additional parking iS required for the ADU.
G. The construction of the AOU will not require any sidewalk urstreet
improvements except aS necessary tO reconstruct U[repair 8 public street 0r
sidewalk that iS disturbed GS8 result of,the construction 0f the A[}U.
7. The ADU shalt comply with the minimum height, setbacks, lot sizes, lot
coverage requirements nr other minimum requirements that are required for
the zoning district Of the lot 0rparcel.
8. The ADU shalt comply with all applicable codes and ordinances for health
and life safety codes, building codes, development codes and zoning codes
83 adopted by the city Ur State, except aG provided in this chapter.
9. The ADUiS not required tO have separate water service and sewer service
from the primary structure.
10. Approval from the Department of Health shalt be required where a municipal
water service Or municipal sewer service in not available.
C. Sale,o[t1@Osfe1 of Accessory, KiOg-UD�5.
Accessory dwelling units shalt not be sold as separate dwelling tots from the subject
property, unless the portion of the subject property containing the accessory
� dwelling unit is Legally subdivided from the remainder of the property pursuant to
� the Subdivision Regulations and in compliance with the Lot requirements of the
� Zoning Ordinance.
Attachment
"B" October 2025
bran Buren
Permitted and Conditional
.-i N M ct rl N
u
= Permitted Use _ _ `;' _ _ N41
ce m To Ii m co
C = Conditional Use (must be apprm-ed by � � � -0) 0)a ' � � L �
Planning commission) •� 1 v
Detached one family dwelling X X X X X
Manufactured Homes(See Section 3-B) x
i
Two family dwellings X X C
Multi-family dwellings x C
Churches C C C C X C C C C
Schools offering a general education course X X X X ( C C C C C
Library X X X C C C C C
General purpose farm,garden,or nursery X X X C C C C C C X
Private club not conducted for profit X X X C C C C C C
Municipal recreation or water supply use X X X C C C C C C C
Accessory structures and uses pertinent to the principal structure X X X X X
and use
Parks,playgrounds,etc. C X X C X C C C C C X
Kindergartens(public or private),day care C X X C X C C C C C C
Hospitals,nursing homes,doctor,and dental clinics,etc. C C C C X X X X X
Mobile home parks X
Mobile home park accessory and service buildings X
Retail establishments providing goods and services such as grocery, X X C C X
drug,hardware,variety stores and similar uses,and hotels,motor
hotels,restaurants
Office and bank buildings and uses X X C C x
Processing and manufacturing that by reason of operation are not X X X X X
a nuisance in respect to noise,odor,dust,vibration,etc.
Wholesaling and warehousing j X X X X X
Bulk storage and non-combustible materials X X X X X
Automotive service,repair,and storage,provided that wrecked or X X X X X
salvaged vehicles are stored inside a building or are enclosed by a
solid fence and not visible to the public from the street or sidewalk
The manufacturing,compounding,processing,packaging or C X X C
assembling of those products that will require the smaller sized,
cleaner and more quiet industries and will involve a minimum of
noise,dust,odor,or vibrations
The storage of bulk materials that will not endanger the health, C C X X C
safety and general welfare of the people
Retail uses that are accessory to the operation and other C C X X C
essentially similar uses such as animal hospitals,repair shops,
transportation terminals,wholesale outlets,farm machinery sales,
lumber yards,restaurants,and service stations
Single mobile homes on a lot where it may be advantageous to the X X
industrial development of the area provided said lot is at least 40
feet by 90 feet
s alh'
e-1 N U
= Permitted Use `-' N a Ln L
N 4.,
f0 fp CO M r-i
C: = Conditional Use (must be _ as v ;° ;° o
approved by planning commission) -0 � � � � � � � ° v
v W -0 'a
The manufacture of heavy,raw products and those C X
operations that are generally objectionable to
residential business uses;including animal and poultry
slaughter,foundries,sawmills and junk yards
Public facilities and utilities X
Home based business C C C C C
On-site real estate sales office C C C C
Indoor Firing Range C C C
Single and two-family residences subject to restrictions X
Recreational Vehicle(RV)Parks C C C
Retail Pharmacy X X X X X
Homeless Shelter/Transitional dwelling C C C
Mini-Storage Facilities C X X
Commercial Communication Towers C C C C C C X X X
Hogs,Goats,Sheep,Cattle and Horses C C C C C C C C C
Recycling center C C C
Salvage business C C C
Bus,Truck and Tractor Sales and Service C X X
Commercial,Industrial machinery,and equipment C _ X X
(sales,service,rental,and leasing(salvage yard not
permitted)
Home Improvement Center X X X
Lumber Yard and building materials C X X
Manufactured Home and mobile home sales and C X X
service(salvage yard not permitted)
Motor freight terminals C X X
Oil and gas field equipment,sales,and rental yard C X X
(salvage yard not permitted)
Tire sales X X X
Travel trailers and recreation vehicle sales and service C X X
(salvage yard not permitted)
Mobile Food Truck X X X X C
Mobile Food Truck Court C C C C C
Special Temporary Use Permit(Vendors) X X X X
Accessory Dwelling Unit(See Section 14.04.22) X X X X X