[ApaTexas] Store front churches

[Kurt.Schulte at kimley-horn.com]

While this dialog is interesting my email is crowded enough.  Please stop the reply to all.

-----Original Message-----
From: Kathryn Nilssen <knilssen at cityofforney.org>
Sent: Thursday, May 15, 2008 12:00 PM
To: 'Audra Buckley' <ABuckley at cokercompany.com>; 'Kelly Templin' <ktemplin at ci.seabrook.tx.us>; 'Fred Morris' <fmorris at ci.belton.tx.us>; apatexas at list.planning.org <apatexas at list.planning.org>
Subject: Re: [ApaTexas] Store front churches


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
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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