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11 <br />The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) is a federal law that <br />was passed in 2000. It was enacted to address perceived problems in local governments <br />using land use authority in a manner that discriminated against places of worship, and <br />that imposed burdens on religious exercise. RLUIPA applies to all religions. <br /> <br />Per City Code Section 1007.001, religious buildings are defined as: <br /> <br />PUBLIC, EDUCATIONAL, AND RELIGIOUS BUILDINGS. Public or semi-public recreational <br />buildings and neighborhood or community centers; limited to nursery, elementary, <br />junior high and senior high schools; and religious institutions such as churches, chapels, <br />temples, mosque, and synagogues <br /> <br />Religious buildings are permitted by conditional use in the City’s rural and residential <br />zoning districts. <br /> <br />The mosque is generally located on land guided Planned Residential/Commercial. City <br />Code Section 1007.024(4) details the PUD Land Use and correlating conventional zoning <br />district Development Standards. Land guided Planned Residential/Commercial uses the <br />conventional R-5 zoning district as guidelines. <br /> <br />Per City Code Section 1007.115(11) R-5, <br /> <br /> R-5 Requirements Proposed <br />Mosque <br />PUD Flexibility <br />Required? <br />Min. Lot Size 20,000 sf 7.45 acres No <br />Min. Lot Width (base lot) 100 ft 600+ ft No <br />Min. Lot Depth No minimum NA NA <br />Building Setback <br />From Streets <br /> CSAH 14 (Arterial Collector) <br /> <br />40 ft NA NA <br />Local and <br />Minor Collector Streets 30 ft 200+ ft No <br />Rear Yard Principal Structure 30 ft 50 ft No <br />Side Yard Principal Structure 50 ft <br />(per CUP) 200 ft No <br />Impervious Surface 75% TBD TBD <br /> <br />The conditional use permit for the religious building (mosque) would be processed as <br />part of the PUD. City Code Section 1007.115(11)(f) further details specific conditional