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2009-004 Council Ordinances
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2009-004 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
08/10/2009
Council Meeting Type
Regular
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Second Reading, Ordinance No. 04-09 <br />and Resolution 09-54 <br />page 2 <br />amending the ordinance. The application does not include review of a church plan or of the <br />conversion of a building into a church. A future application for a conditional use permit for a <br />church on the site will be required. Approval of the currently requested ordinance amendment <br />does not approve or imply approval of any future application that might be submitted. <br />ANALYSIS <br />Similar Uses in Zoning District <br />A zoning district should allow similar uses that will not create land use conflicts. If a zoning <br />district allow a use that is similar to a new one, it make sense to include the new one in that <br />district. The similarities referred to are the general type of activity, as well as factors such as the <br />traffic generation, parking, need for and impact on the city's utilities systems (water, sanitary <br />sewer, and stormwater management), and potential impacts on other properties. <br />In considering churches, it's useful to describe the general activities and impacts that coincide <br />with churches. Generally, a church is a place of assembly where people congregate for various <br />purposes. The group can be large or small and might participate in religious worship, weddings, <br />pancake breakfasts, dinners, and other social activities. Churches generate traffic and need <br />vehicle parking space. If available, it's best that churches connect to municipal water to <br />accommodate a fire suppression system for the building as well as water needs for groups of <br />people. Wastewater treatment also is needed. <br />Both the LB and GB districts currently allow private lodges and clubs as conditional uses. This <br />would include a VFW or American Legion. The activities that occur at such lodges and clubs <br />and the potential impacts on their surroundings are very similar to those of churches. Large or <br />small groups of people assemble for various purposes social events, meals, etc. They need <br />parking, they generate traffic, they need water and wastewater treatment. <br />The city's responsibility is to protect public health, safety, and welfare by anticipating and <br />addressing the potential effects on the surroundings and the community as a whole. This is a <br />legitimate public purpose in regulating land uses with a zoning ordinance. The exact nature or <br />purpose for which people assemble within a building is not the concern, as long as it's a legal <br />activity. Differences between the institutions purposes, beliefs, or activities aren't relevant. <br />Religious Land Use and Institutionalized Persons Act of 2000 <br />The "similarity of uses" concept is important in understanding the federal law that prohibits <br />discrimination against churches. The Religious Land Use and Institutionalized Persons Act of <br />2000, known by the acronym RLUIPA, requires a city to treat religious uses such as churches the <br />same as the city treats other similar uses. In the years since its enactment, a number of court <br />cases have been decided under RLUIPA which provide guidance for compliance with the law. <br />As discussed above, lodges and clubs are similar to churches in their activities and potential <br />
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