ORD NO 17-2026 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.� l^ -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 HOME BASED BUSINESSES IN
ACCORDANCE WITH A.C.A. § 14-1-106,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 Code Annotated § 14-1-106 establishes standards for municipal
regulations of home-based businesses; 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. § 14-1-106 concerning the
regulations of home-based businesses; and
WHEREAS, the Planning Commission reviewed these amendments at a public hearing that was
held on December 2, 2025, and January 6, 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; 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 Home Based Businesses 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 14.04.23 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 accessory residential
business and home occupations.
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 Va5pdren,Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 4-5 for and U against, the foregoing Ordinance at its
meeting held on the 23rd day of March 2026.
G\eck Tr�as4 4oseph Hurst
v�� ~�.. ayor
City of Van Buren
ATTESTED: 01 y APPROVED AS TO FORM:
�a
�:tord County,Pic
lP�
Shawnna Re nolds Jacob Howell
Clerk/Treasurer City Attorney
ATTACHMENT"A" HOME BASED BUSINESS TEXT AMENDMENTS
Proposed Section 14.04.23
AND
ATTACHMENT"B"-REVISED PERMITTED AND CONDITIONAL USE LEGEND
Attachment"A"
14.04.23 HOME BASED BUSINESSES
1. Definitions: The following definitions shall apply to this section.
Home Based work means any occupation performed, or business conducted by a resident within
a residence that is clearly incidental to and secondary to the principal use of the structure for
residential dwelling purposes.
Residence means a permanent dwelling place,unit, or an accessory structure.
Accessory residential business means an office-like use where the occupant engages in no
activities that would require contact with customers or the general public except by telephone,
mail or electronically; where no persons are employed by the applicant at the residence; and
where an office is needed solely for the purposes of sending and receiving mail and telephone
calls,using a personal computer, and for maintaining records.
Home occupation means an occupation or business that is functioning in a residential dwelling
and/or related accessory building as an incidental, subordinate, and accessory activity to the
primary use of the premises.
2. ACCESSORY(LIMITED) RESIDENTIAL BUSINESS
a. Purpose: To grant the city staff the authority to permit citizens in all residential zones to
operate an accessory residential business in accordance with the criteria set forth in this section.
It is further the intent of this section to regulate the operation of the accessory residential
business so that the neighborhood shall be unaware of its existence.
b. Applicant: The accessory residential business license may be sought only by the homeowner
or tenant of the residence for which the permit is sought.A tenant must submit a letter from the
homeowner giving approval for the tenant to operate the business on their property.
c. Submittal requirements:
1. A fully completed and signed application.
2. The business license fee.
3. A homeowner/landlord permission statement,which is included with the application.
4. When applicable, a letter from the property owner giving approval for the tenant to
operate the business on their property.
d. Review: Complete applications shall be reviewed by city staff for compliance with applicable
City and State laws.
e. Criteria for operation of the business:
1. There shall be no occupational activity on the premises outside of the residence and the
occupational activity shall be incidental and subordinate to the primary use of the
premises.
2. Shall be solely operated by the owner(s)or occupant(s) of the premises.Non-resident
employees are not permitted.
3. Signs cannot be used in the operation of the business.
4. The address shall not be used for any advertising purposes.
5. No customers shall be served or invited to the residence.
6. No inventory of materials or supplies other than normal office, art, craft, or photography
supplies shall be stored at this location. Storage shall be limited to that which can be kept
in the heated/cooled living space.
7. No business vehicle larger than a pick-up truck shall be housed at the residence.
8. Shall not alter the external appearance of the residence.
9. A commercial trash container shall not be utilized at the residence.
f. The authority to operate an accessory residential business shall not be interpreted to waive
any law or regulation of the City, County, State, or Federal government relating to the operation
of a business.
g. An approved accessory residential business license cannot be moved,transferred, or
relocated to another address. If the owner to which the permit was issued moves, the approval
does not transfer nor remain at the residence with the new owner,the approval is considered
void.
h. Appeal: If the application for an accessory residential business is denied,the denial may be
appealed to the planning commission.
i. If the application does not meet the criteria for an accessory residential business,the applicant
can submit a home occupation application which must be approved by the Planning Commission.
j. Revocation of permit: When a verifiable complaint is received and the violation is confirmed,
the accessory residential business license may be revoked.The accessory business license holder
may file a notice of appeal within fifteen(15) days of the date of the notice of revocation. The
Planning Commission shall hear the appeal in a regularly scheduled meeting. In the event of an
appeal,the revocation and termination shall be delayed until a Planning Commission decision
has been made.
3. HOME OCCUPATION
a. Purpose: To grant the Planning Commission the authority to permit citizens in all residential
zones to operate a home occupation business at a residence in accordance with the criteria set
forth in this section. It is further the intent of this section to regulate the operation of the
accessory residential business so that the neighborhood shall be unaware of its existence.
b. Home occupations, as allowed by this section, are intended to be clean, quiet, non-obtrusive
activities, operated on a limited basis with the business being incidental to the residential
character of those areas.
c. In granting a request for a home occupation license,the Planning Commission may condition
and limit the license as necessary to preserve the spirit and intent of this section and controlling
law.
d. Applications: The home occupation license application may be submitted by the
homeowner or tenant of the address for which the home occupation is desired.A tenant must
submit a letter from the homeowner giving approval for the tenant to operate the business on
their property. The Planning Department will provide the application form.
e. All applications shall be submitted to the Planning Department. The application shall be
accompanied by $125.00 fee.
f. Submission requirements:
1. A completed application which can be obtained from the Planning Department.
2. The names and addresses of all persons listed on the current tax records as the owners of
all property within three hundred(300)feet of the site, including property across streets,
alleys, and intersections.
3. Any part of a restrictive covenant applicable to the property that materially affects the
proposed home occupation request.
4. When applicable, a letter from the property owner giving approval for the tenant to
operate the business on their property.
5. The application fee of$125.00.
g. Notice and Public Hearing:
Following the submittal of a complete application the application shall be scheduled for a
public hearing before the Planning Commission.
1. Notice shall be posted on the property stating the date,time and place of the public
hearing at least fifteen (15) days before the date of the public hearing.
2. Notification by first class mail any property owner within 300 feet of the property
being considered for the home occupation.
3. A notice shall be published in a newspaper of general circulation in the City at least
one time fifteen(15) days prior to the public hearing, setting for the time and place of
such hearing.
h. Planning Commission review and Minimum Requirements for Consideration:
The Planning Commission shall review home occupation applications at its regularly
scheduled monthly meeting. In reviewing applications under this section,the Planning
Commission may consider the home occupation only if it complies with all the following:
1. There shall be no occupational activity on the premises outside of the residence and the
occupational activity shall be incidental and subordinate to the primary use of the
premises.
2. No sign may be used in the operation of the business.
3. No outdoor display of any goods or services and no outdoor storage of materials or
equipment is allowed.
4. The home occupation shall be run only by the residents of the household and shall not
have any other employees, concessionaires or other operators or helpers whether such
business is conducted on or off the premises.
5. Any business conducted on the premises shall be by appointment only,,such that no more
than two (2)patrons shall be at the business at any one time.
6. The Planning Commission shall have the authority to limit the operating hours of a
business where it deems it necessary to assure compatibility with the residential
neighborhood.
7. The residents shall not utilize the address of the property in any form of business
advertising. This includes, but is not limited to,paid commercial advertising,telephone
directory advertising,flyers,business cards, etc.
8. The home occupation shall not produce any fumes, odors,noise, or any other offensive
effects that are not normal to residential activity.
9. A commercial trash container shall not be utilized at the residence.
10. The home occupation shall not require the construction of any additional off street
parking areas which would detract from the residential character of the neighborhood.
The Planning Commission, in exceptional circumstances, may allow the construction of
additional off-street parking,but under no circumstances more than two (2) spaces in
addition to those currently in use for residential purposes. Parking on the street is not
permitted for any vehicles,trailers, etc. for either business or personal use, because of the
home occupation.A parking plan must be approved by the Planning Commission where a
business would require customers to come to the property.
i. An approved home occupation license cannot be moved,transferred, or relocated to another
address.Approved home occupations and the license thereof cannot be transferred to any other
person(s).Any approved home occupation which is discontinued for a period of twelve (12)
months or more shall be deemed abandoned and the re-establishment of such business shall
require the re-application and approval of the Planning Commission.
j. The City Council shall hear appeals from the decision of the Planning Commission.Any such
decision may be appealed by any person who has an interest therein by filing a written notice of
appeal with the City Clerk or Planning Department before 5:00 p.m. on the tenth calendar day
following the date of the decision of the Planning Commission.A fee of$25.00 shall be required
at the time any appeal is filed.
k. Enforcement:
1. When any substantial violation is detected,the operator shall be notified in writing that
the home occupation and the business license are revoked and terminated fifteen(15)
days from the date of notice.
2. The operator may,within fifteen(15)days of the date of the notice, file a notice of appeal
to the Planning Commission. which shall hear such appeal in a regularly scheduled
meeting. Enforcement action shall be delayed until ten (10) days following the decision
of the Planning Commission.
3. The Planning Commission shall hear the facts and determine whether the home
occupation and business license shall be terminated for failure to comply with the
requirements of this section or other conditions set at the time of approval; or the
Planning Commission may issue whatever other direction it may deem appropriate and
consistent with the purposes of this section.
4. If operations have not ceased upon termination of the home occupation and business
license,the home occupation shall be guilty of a misdemeanor and subject to the
penalties as delineated in the Van Buren Municipal Code.
Attachment "B"
March 2026
Van Buren
Permitted and Conditional Use Legend
ri N rn d' 'n
X = Permitted Use � I I N ,
io is io is 0 0t°
C = Conditional Use (must be approved by W W WL
planning commission) E E y
rL
fY U U C S 2 O
Detached one family dwelling x x X X X
Manufactured Homes(See Section 3-B) x
Single Family(See H-1 Zoning Chapter) x
Two family dwellings x x X C
Multi-family dwellings x x C
Accessory Dwelling Units(See Section 14.04.22) x x x X x
Accessory(Limited)Residential Business(see Section 14.04.23) x x x x x x
Home Occupations(see Section 14.04.23) C C C C C 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 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
ei
X = Permitted Use rl N ".' `" Ln N� N
to �a -ii ro ro
C = Conditional Use (must be _ f6 f6 c
a=i v a a � v a, "
approved by planning commission) ° ° 1
d d a o o "° 'a '^ a
OC tY OC U U E E 2 O
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
business6 C 6 ra 6
On-site real estate sales office C C C C
Indoor Firing Range C C C
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
Dog Kennel C x x x C
Auto&Vehicle Impoundment or Holding Yard C x x
(no salvage)
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