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ORD NO 35-2026 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO, -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 SHORT TERM RENTALS AND OTHER TRANSIENT RESIDENTIAL USES, 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, Short Term Rentals and other transient residential uses present a unique challenge for the safety of individuals and the protection of neighborhoods and the city; 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 establish regulations for Short Term Rentals and other transient residential uses; and WHEREAS, the Advertising & Promotions Commission has voted to recommend the City Council adopt these regulations; and WHEREAS, notice of a Public Hearing was duly published in the Southwest Times Record on October 19, 2025, and a public hearing was conducted as required by law (A.C.A. 14-56-422) on November 41h, 2025; 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 Short Term Rentals and other transient residential uses 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 Short Term Rentals and other transient residential uses. SECTION 4: The codifier shall codify the adopted amendments in Division 4, General Provisions,new Chapter 14.04.28 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 of Va�en,Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and against,the foregoing Ordinance at its meeting held on the 26th day of October 2026. o P. Hurst Mayor ATTESTED: APPROVED AS TO FORM: ShawnnaShawnna o��Sc,,� Jacob Howell Clerk/Tr wirer ~ City Attorney U gU�er G�ty o� ti d�fOrd COW\\i' City of Van Buren, Arkansas Mum*cipal Comple-r7 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: ZONING ORDINANCE AMENDMENTS - SHORT TERM RENTALS AND OTHER TRANSIENT RESIDENTIAL USES DATE: OCTOBER 15,2026 The City of Van Buren departments have reviewed the need for an ordinance that will help regulate short-term rentals. The proposed short-term rental ordinance approved and recommended by the Planning Commission is the culmination of our work to develop a basic ordinance that addresses all concerns. We reviewed a draft of a proposed legislative bill and ordinances from Arkansas cities that have short term rental regulations. The enclosed draft has been reviewed and approved by the City Attorney. The goal of the proposed ordinance is to provide guidelines that balance the rights of homeowners to use the property as a short-term rental while protecting the public health, safety, and welfare of neighborhoods and the entire community. Additionally,these guidelines seek to protect the users of short-term rentals. The ordinance will also include definitions for other transient dwelling units to help distinguish the difference between these and short-term rentals. A revised permitted and conditional land use matrix is included that adds the transient land uses not previously specified. The Advertising & Promotion Commission has passed a resolution endorsing the proposed amendments and recommend the City Council adopt the short-term rental ordinance. A copy of their resolution is attached. The Planning Commission has recommended the proposed ordinance by a majority vote at their November 4, 2025, regular meeting. Please review this information and let me know if you have any questions or if you require any additional information before the meeting. SHORT-TERM RENTAL ORDINANCE EXHIBIT "A" 14.04.02 - Definitions (amended to add the following definitions) Bed and breaLfast inn means residential structures where short-term lodging rooms and meals are provided. The owner shall live on the premises. Boarding (rooming) house means a building other than a hotel or motel, arranged and used for the lodging, with or without meals, for compensation of more than three persons exclusive of the resident operating person or family, pursuant to previous arrangements. Dormitory means a space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses. Hotel means a commercial establishment offering lodging to travelers and often having restaurants, meeting rooms, stores, etc., that are available to the general public. Motel means an establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area Short-Term rental means a single-family residence that is rented or offered for rent for a period of thirty (30) days or less in exchange for a fee. A Short-term rental does not include any property that is used for retail, as a restaurant, as banquet space, as an event center or similar uses, or as an owner-occupied residence in which a portion of the residence is rented. Transient means occupancy of a dwelling unit or sleeping unit for not more than 30 days. 14.04.23 SHORT TERM RENTALS (new section) Requirements applying to Short-Term Rentals are as follows: A. General. The purpose of these provisions is to provide guidelines that balance the right for city homeowners to utilize the benefits of Short-Term Rental units while protecting the health,safety, and welfare of the entire community.Additionally,these provisions seek to protect the users of Short-Term Rentals. B. All Short-Term Rentals shall obtain and maintain a Short-Term Rental license to operate within city limits. To obtain a Short-Term Rental license, application shall be made to the Van Buren City Clerk's office, and the following information is required: 1. Applicant Information: The applicant shall be the property owner or provide written authorization to act on the behalf of the property owner. The applicant shall provide the address of the short-term rental,the owner's name, address, applicable business entity information, and authorization of agency. Also, all contact information for any registered agent for the short- term rental, and any property manager of the short-term rental. 2. Inspection: The potential short-term rental shall be inspected by the Fire Marshal and Chief Building Official or his/her designee for compliance with the currently adopted, Fire, Building, Plumbing, Sanitation, Electrical Codes. The Code Enforcement Department shall inspect the property for compliance with the City's property maintenance ordinances. 3. Local Property Representative:The applicant shall designate a local property representative who shall be available twenty-four (24)hours per day, seven(7) days per week,for the purpose of: a. Responding within one(1)hour to complaints regarding the condition,operation,or conduct of occupants of the Short-Term Rental. b. Taking remedial action to resolve any such complaints. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file with the Van Buren City Clerk's office and Van Buren Police Department.The failure to provide the contact information, failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of the Short-Term Rental license. 4. Fee: An annual fee set according to the fee schedule adopted by the City Council. The fee shall be submitted at the time of application/renewal for the Short-Term Rental license.The annual fee shall be one hundred dollars ($100). 5. A&P Tax Permit: The applicant shall be required to provide proof of a current Van Buren A&P Tax Permit prior to issuance of a Short-Term Rental license. C. License Renewal: Licenses issued during any part of a calendar year must be renewed the succeeding year. Annual license renewal applications must be submitted to the City of Van Buren by January 31St A ten percent(10%) late fee shall be assessed for renewal applications submitted after March lst. A thirty percent(30%) late fee shall be assessed for renewal applications submitted after April 1 St. A license shall be deemed revoked if an application for renewal has not been made before May 1st D. Update of Information:If any information changes related to the applicant materials provided, the applicant shall be required to immediately provide an update of such information to the Van Buren City Clerk's office. E. Revocation: 1.A Short-Term Rental license may be revoked or suspended for failure to comply with generally applicable federal, state, or local laws and with any rules or regulations permitted by Arkansas law. Any revocation or suspension shall last only until the short-term operator complies with applicable federal, state, or local laws. 2.A Short-Term Rental license may be revoked or suspended for twelve (12) months after three (3) violations of a local ordinance in a twelve-month period occurring at the short- term rental location due to the action of the owner, license holder, or an occupant of the short-term rental. 3.A license may be revoked or suspended for twenty-four (24)months after a state or federal felonious criminal act has occurred at the short-term rental location, and the felonious criminal act was committed by the owner, permit holder, or an occupant of the short-term rental. F. Revocation Appeal: Any holder of a Short-Term Rental license which is revoked by the City Clerk may appeal such decision to the Van Buren City Council within thirty (30) days of issuance by Certificate of Mailing of revocation by the Van Buren City Clerk. Appeal review by the Van Buren City Council shall be on the basis of determining factual compliance by the applicant with the provisions of this Code and in determining if the severity of noncompliance warrants revocation due to consistent lack of effort by the applicant to correct known issues. G. Information Packet: A packet of information shall be provided to renters and posted noticeably in the common area of the Short-Term Rental, summarizing guidelines and restrictions applicable to the Short- Term Rental use, including: 1. Information on maximum occupancy; 2. Applicable noise and use restrictions; 3. Location of off-street parking; 4. Direction that trash shall not be stored within public view, except within proper containers for the purpose of collection, and provision of the trash collection schedule; 5. Contact information for the local property representative; 6. Evacuation routes; 7. The renter's responsibility not to trespass on private property or to create disturbances; and; 8. Notification that the renter is responsible for complying with these regulations and that the renter may be cited or fined by the city for violating any provisions of this or any other applicable code. H. Use: Short Term Rentals are permitted in a legally permitted and zoned single-family dwelling and shall be subject to the zoning requirements of the residential zone where the short-term rental is located. Short Term Rentals that comply with the Fire and Building Codes are allowed in the H-1 zoning district. I. All other transient residential uses shall meet the applicable standards and requirements for a bed and breakfast, hotel, or motel. J. Parking: One(1)off-street parking space per bedroom rented shall be provided. Where on-street parking is available,up to two (2)spaces may be used to meet this requirement. SHORT-TERM RENTAL ORDINANCE EXHIBT "B" Van Buren Permitted and Conditional Use Legend e1 N M Ln X=Permitted Use L _ 0 'Fa _ rl N H @ (9 f6 20 76f6 f0 Q ri C = Conditional Use (must be approved by v v d C c L L u o planning commission) E E c°'c c°Jc W o o = = y a OC V V Detached one family dwelling X X X X X Manufactured Homes(See Section 3-B) x Single Family(See H-1 Zoning Chapter) �( 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 Short-Term Rental(see 14.04.23) X X X X X X Bed&Breakfast Inn C X X Boarding House C C C C Dormitory C C C C 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 C 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 I X X X Bulk storage and non-combustible materials X X I 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 Ix 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 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 rq N M Ch Ln X=Permitted Use , N +, C = Conditional Use (must be approved c c c Cu W by planning commission) 0 E E N y •W W d W O O 'C y C DC W Y U U = = 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 I 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 f RESOLUTION No. AP 26-001 A RESOLUTION SUPPORTING THE PASSAGE OF A SHORT-TERM RENTAL ORDINANCE THAT WOULD ENSURETHE SAFETY OF PEOPLE STAYING IN SHORTTERM RENTALS IN VAN BUREN AND THE GENERAL WELFARE OFTHE COMMUNITY Whereas the Van Buren Advertising and Promotion Commission is charged with promoting tourism for the City of Van Buren, inviting thousands of visitors to visit and stay in Van Buren each year; and Whereas visitors to our city should be assured of safe lodging accommodations that follow all state laws and codes, as well as all city codes and ordinances which includes City of Van Buren, Arkansas Ordinance No. 20-2016; and Whereas the proposed ordinance is beneficial to the public health, safety and general welfare of the traveling public and community as it establishes performance standards to ensure safety and compliance for all short-term rental properties, NOW,THEREFORE, THE VAN BUREN ADVERTISING AND PROMOTION COMMISSION DOES HEREBY FIND AND RECOMMEND: The Van Buren City Council adopt a short-term rental ordinance to provide for the public health, safety and general welfare of the traveling public and community. APPROVED this 15`h day of September, 202 . l Mike Kneeland, Chairman I � Rusty Myers, Vice Chairman II