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RELEVANT LINKS: IV. Impact on zoning It is important to recognize that RLUIPA does not shield religious institutions from all land use regulation. A zoning ordinance can be enforced as long as it does not discriminate against or exclude religious uses, does not treat religious uses less favorably than comparable nonreligious uses, and does not impose a substantial burden. Religious land uses include places of assembly for worship such as churches, synagogues, mosques, and temples. But, RLUIPA can also encompass any number of associated religious activities, such as shelters, schools, soup kitchens, and community centers. Historically, most zoning ordinances have treated religious institutions like any other building. They usually are subject to setbacks, height limits, and lot size requirements. Often the impacts are limited to traffic and parking concerns that occur at the time of regular worship services. However, some ordinances specify zoning districts in which religious buildings are or are not allowed, and require that performance standards be met as to parking and site plan. Like any zoning regulation, the purpose is generally to mitigate the impact of the land use on its neighbors. Another traditional way of handling zoning ordinances is to treat churches and other places of worship as uses associated primarily with residential districts. Neighborhood churches were viewed as a classic residential use, often located on corner lots near larger streets. But the model has changed over time with new forms emerging. Large mega- churches draw thousands of worshipers to shopping- center sized facilities. Conversely, smaller storefront churches provide youth drop -in centers and religious outreach efforts. Many zoning ordinances have not yet addressed the variety of forms religious institutions can take. V. Review and plan Cities that have not reviewed their zoning ordinances for consistency with RLUIPA might start by taking a look at how religious land uses are currently regulated: • Does the zoning ordinance call them out as specific land uses? • If so, does the ordinance impose unique requirements or limit their location to certain districts? • How are religious land uses defined? If the ordinance uses the term "churches" the city should consider changing to a broader definition, as the term church can be viewed as discriminating among religions. League of Minnesota Cities Information Memo: Page Page 4 0 Zoning for Religion ege