[ApaTexas] Store front churches

[Kathryn Nilssen]

Yes I agree.  Churches are technically 

permitted by right in any zoning district but they must follow all other
regulations.  For new construction, our zoning designates a church to follow
a Neighborhood Services set of regulations (as well as schools and
daycares).  Subregs are followed as if the church is a commercial use.  If a
church goes into an existing structure the only restriction would be the
number of parking spaces available and of course any building code changes
if the structure is converting to an "assembly use".  Depending on size they
may have to sprinkle and that can be an economic hurdle.  

 

Kathryn Nilssen

Director of Planning

City of Forney

100 West Broad Street, Suite D

P.O. Box 826

Forney, TX 75126

972-564-7300 Ext 186 

knilssen at cityofforney.org

 

 

 

 

 

-----Original Message-----
From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Audra Buckley
Sent: Thursday, May 15, 2008 10:52 AM
To: Kelly Templin; Fred Morris; apatexas at list.planning.org
Subject: Re: [ApaTexas] Store front churches

 

Yes, I believe Kelly is correct.  The federal government passed RLUIPA in
2001 or possibly 2002 and many of the statutes passed since are based on
this act.  The only legal way that I know of to regulate the location of
churches is via access and parking requirements.  Anybody else?  

 

Audra Buckley, Planner

Michael R. Coker Company, Inc.

2700 Swiss Avenue, Suite 100

Dallas, TX 75204

(214) 821-6105 (v) ext. 207

(214) 821-6125 (f)

 

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

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