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RELEVANT LINKS: <br />Some ordinances now employ a broad definition of "places of assembly" <br />that include both religious and non - religious uses. This approach may go a <br />long way toward protecting the city from an equal terms challenge under <br />RLUIPA. <br />Cities should also consider whether the ordinance requires religious uses to <br />undergo any particular approval process. If the ordinance leaves the city <br />with significant discretion over the approval and conditions that may be <br />attached, a city is more likely to face a substantial burden challenge under <br />RLUIPA. <br />Some ordinances regulate places of religious assembly as a conditional use. <br />While a conditional use may be appropriate and may survive a challenge if <br />applied fairly and judiciously, cities should be wary of this practice. <br />Concerns a city may wish to address through a zoning approval process do <br />not always pertain to all places of assembly but rather are focused on <br />assemblies of a particular size. Consider classifying assemblies based on <br />scale and impact, and have sliding zoning standards that apply accordingly. <br />A small place of assembly may be permitted outright, yet a larger one would <br />be subject to specified performance standards. <br />While the meaning and impact of RLUIPA continues to be sorted out, cities <br />should remain aware of the possibility that their zoning practices may be <br />alleged to violate RLUIPA. Review of RLUIPA underscores the importance <br />of careful planning, as well as ordinance drafting and administration, <br />whenever a city receives a land use application for a religious use. Cities <br />should work closely with their planners and attorneys to navigate this <br />complex area of land use law. <br />VI. Further assistance <br />Jed Burkett For questions on the Religious Land Use and Institutionalized Persons Act <br />651.251.1247 <br />jburkett@imc.org Imc.org and other land use situations, contact the League's Loss Control Land Use <br />League of Minnesota Cities. Attorney. You can learn more about land use issues in the land use section <br />of the League's website. <br />League of Minnesota Cities Infonnation Memo: 4/1/2010 <br />Zoning for Religion Page 5 <br />