[ApaTexas] Store front churches

[Richard Gertson]

Actually, the TRFA more or less parrots the standards found in RLUIPA.
Applying simple, straight-forward zoning, even if it precludes churches
in certain areas, should not offend the "substantial burden" test.  Stay
away from any kind of discretionary review process, such as CUPs and
special exceptions.  Finally, be sure to apply your restrictions
even-handedly to all similar uses - don't just single out churches.  We
have used the general SIC classification that includes churches (as well
as other membership organizations) in that regard.

 

We've used this approach in several overlays and special districts.   

 

Richard G. Gertson, ICMA-CM, AICP

Community Development Director

City of Mesquite, Texas

Tel. 972-216-6346

Fax 972-216-8109

________________________________

From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Kelly Templin
Sent: Thursday, May 15, 2008 9:21 AM
To: Fred Morris; apatexas at list.planning.org
Subject: Re: [ApaTexas] Store front churches

 

Fred:

 

I believe the Texas Religious Freedom Act will preempt any attempt you
may make to have churches abide by zoning.  This "act" exempted
religious sanctuaries from zoning's locational criteria statewide.  They
will still have to meet with other aspects of your codes (parking,
landscaping, building, etc.).

 

It might surprise you (but probably not) that the Attorney General
proffered up the TRFA whilst in the middle of his reelection campaign...

 

Kelly E. Templin, AICP

City of Seabrook

1700 First Street

Seabrook, TX 77586

www.ci.seabrook.tx.us <http://www.ci.seabrook.tx.us> 

281.291.5731

281.291.5690 (fax)

________________________________

From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Fred Morris
Sent: Thursday, May 15, 2008 9:01 AM
To: apatexas at list.planning.org
Subject: [ApaTexas] Store front churches

 

In efforts to stimulate downtown economic development/revitalization, we
are looking closely at the allowable use charts. Bail Bonding offices
have recently been removed and I'm curious if other cities have
restricted/removed churches as an allowable use by right in downtown
areas. Belton is the County seat, with the historic courthouse square
but we also have jail & courts complex.  


 




 
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