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ORD NO 21-2026 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO,:;kl -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. A 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,,& against,the foregoing Ordinance at its meeting held on the 27th day of April 2026. G\erk Tres osep . Hurst Ma City of Van Buren ATTESTED: ay APPROVED AS TO FORM: a acounty, Shawnna R ynolds Jacob Howell Clerk/Treasurer City Attorney r, J o)-j 1 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: CHILDCARE FACILITIES DATE: APRIL 20, 2026 Currently,the Van Buren zoning ordinance and Municipal Code do not have definitions or standards related to Childcare Facilities. The current ordinance indicates that a"day care" is a permitted use in R-2, R-3, and R-5, and a conditional use in all other zones. There is no distinction made whether the term daycare is a large commercial facility or a home daycare. A lack of standards and definitions could cause any decisions to be arbitrary. Also, the 2023 General Assembly addressed this issue when they passed and approved Act 60 of 2023 (codified as ACA 20-78-229) for the purpose of defining compliance with local regulations for childcare family homes. A copy of the law is attached. After discussions with representatives from the Municipal League and the Division of Child Care and Early Childhood Education, we developed the proposed regulations. We also looked at regulations from other Arkansas communities to help when preparing these regulations. A significant requirement of the Arkansas law is that childcare family homes must be allowed by right in all residential zones. Since they are approved by right, we had to develop standards that were not arbitrary but addressed the basic concerns regarding parking and traffic. We also amended the Permitted and Conditional Use chart to add the childcare family home use and to correct the inconsistency of the general day care. The current land use chart would permit a commercial day care in Residential 2, 3 and 5 zones. This has been changed to require a daycare to be reviewed by the Planning Commission via the conditional use process,the same as in all other zones as required by the zoning ordinance. The Planning Commission approved the proposed regulations and recommended the City Council approve the amendments to the Zoning Chapter of the Municipal Code. Please let me know if you have any questions. Attachment"All 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. Parking 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 b the State licensing must be on-site and shall comply the e requirements y g ply with h same r quirem nts 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. Cityapprovals are conditioned on maintaining current State license and passing City Pp g p g 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. Attachment"B" April 2026 Van Buren Permitted and Conditional Use Legend r•I N X=Permitted � N Use to `I I '-f r4 C = Conditional Use(must be approved by v aa) v W `—�° `—L° u planning commission) . .2 2 -0 £ � � � o W c a o o _ a U U 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 C C C Childcare Family Homes X X X X X X 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 X=Permitted Use "" `t ei N Ill i i r-I N 4 i C = Conditional Use(must be approved _ = c d c r f9 o by planning commission) -°Jc -a £ E H ' a v d a 0 a o o o a C fY aY oz U U C 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 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 Document: A.C.A. § 20-78-229 A.C.A. § 20-78-229 Copy Citation Current through all legislation of the 2025 Regular Session. Arkansas Code Annotated PAW - ET Table of Contents Title 20 Public Health and Welfare Subtitle S. Social Services Chapter 78 Child Care Subchapter 2 — Childcare Facility Licensing Act 20-78-229. Compliance with local regulations — Childcare family homes — Exceptions — Definitions. (a) As used in this section: (1) "Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and (2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located. (b) (1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to comply with applicable zoning and land use development regulations of the municipality and county where the childcare facility is located. (2) Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility. (c) (1) A local governing authority shall treat a childcare family home as residential property use in the application of local regulations, including without limitation: (A) Zoning; (B) Land use development; (C) Fire and life safety; (D) Sanitation; and (E) Building codes. (2) Residential property use for zoning purposes includes without limitation single-family residential zoning. (d) (1) For a childcare family home, a local governing authority shall not impose: (A) Any additional regulations that do not also apply to other residential properties; or (B) Stricter requirements than those in the Arkansas Fire Prevention Code. (2) However, this section does not restrict a local governing authority from, on a case-by-case basis, managing the flow of traffic and parking related to adjacent childcare family homes. (e) (1) The Division of Child Care and Early Childhood Education may promulgate rules related to adequate fire protection and prevention in a childcare family home. (2) As part of developing any proposed rules in accordance with subdivision (e)(1) of this section, the Division of Child Care and Early Childhood Education shall seek the advice and assistance of: (A) The Department of Health; (B) The Boiler Inspection Division; and (C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials. History Acts 2023, No. 60, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright© 2026 by the State of Arkansas All rights reserved Content Type: Terms: Narrow By:-None- Date and Time:Apr 02,2026 10:07:15 a.m.CST Stricken language would be deleted from and underlined language would be added to present law. Act 60 of the Regular Session 1 State of Arkansas As Engrossed: H2/1/23 2 94th General Assembly A Bill 3 Regular Session,2023 HOUSE BILL 1155 4 5 By:Representatives Bentley,K.Brown,Crawford,Haak,Ladyman,Long,Lundstrum,McAlindon,R. 6 Scott Richardson,J Mayberry 7 By: Senator Irvin 8 9 For An Act To Be Entitled 10 AN ACT CONCERNING THE COMPLIANCE OF CHILDCARE 11 FACILITIES WITH LOCAL REGULATIONS WHEN SEEKING 12 LICENSURE UNDER THE CHILDCARE FACILITY LICENSING ACT; 13 AND FOR OTHER PURPOSES. 14 15 16 Subtitle 17 CONCERNING THE COMPLIANCE OF CHILDCARE 18 FACILITIES WITH LOCAL REGULATIONS WHEN 19 SEEKING LICENSURE UNDER THE CHILDCARE 20 FACILITY LICENSING ACT. 21 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code Title 20, Chapter 78, Subchapter 2, is 26 amended to add an additional section to read as follows: 27 20-78-229. Compliance with local regulations — Childcare family 28 homes — Exceptions. 29 (a) As used in this section: 30 (1) "Childcare family home" means a childcare setting in which 31 the caregiver provides child care in a family residence or a residence with a 32 homelike environment; and 33 (2) "Local governing authority" means the governing body of the 34 municipality or county where a childcare facility is located. 35 (b)(1) The Division of Child Care and Early Childhood Education shall 36 require any childcare facility seeking licensure under this subchapter to II I III I I I II II II III 02-01-2023 09:25:52 LHR007 As Engrossed: H2/1/23 HB1155 1 comply with applicable zoning and land use development regulations of the 2 municipality and county where the childcare facility is located. 3 (2) Failure to comply with applicable zoning and land use 4 regulations is grounds for the denial of a license of a childcare facility. 5 (c) (1) A local governing authority shall treat a childcare family home 6 as residential property use in the application of local regulations, 7 including without limitation: 8 (A) Zoning; 9 (B) Land use development; 10 (C) Fire and life safety; 11 (D) Sanitation; and 12 (E) Building codes. 13 (2) Residential property use for zoning purposes includes 14 without limitation single-family residential zoning. 15 (d) (1) For a childcare family home, a local governing authority shall 16 not impose: 17 (A) Any additional regulations that do not also apply to 18 other residential properties; or 19 (B) Stricter requirements than those in the Arkansas Fire 20 Prevention Code. 21 (2) However, this section does not restrict a local governing 22 authority from, on a case-by-case basis, managing the flow of traffic and 23 parking related to adjacent childcare family homes. 24 (e)(1) The Division of Child Care and Early Childhood Education may 25 promulgate rules related to adequate fire protection and prevention in a 26 childcare family home. 27 (2) As part of developing any proposed rules in accordance with 28 subdivision (e) (1) of this section, the Division of Child Care and Early 29 Childhood Education shall seek the advice and assistance of: 30 (A) The Department of Health; 31 (B) The Boiler Inspection Division; and 32 (C) Councils and associations representing: 33 (i) Fire marshals; and 34 (ii) Building code officials. 35 36 APPROVED: 2/13/23 2 02-01-2023 09:25:52 LHR007