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Church performance standards

mike gurnee

Cyburbian
Messages
3,066
Points
30
No examples, just a word of caution: don't single out places of worship. With RLUIPA, we might have to justify every provision that touches on religion. A better approach would be to group them with "public assembly places."
 

BobH

Cyburbian
Messages
45
Points
2
Yes, that's a good point. It's actually one of the reasons I wanted to revise this section. Parking, for example, is treated like any other assembly space (theaters, auditoriums). We're a bit harder on churches in building coverage (15% max), but then we don't allow many other nonresidential uses in residential zones.

A question: Does the RLUIPA just exempt churches from any type of regulation, or only that they can't be treated differently from other uses? Does it apply to religious (private) schools as well as places of worship? And has anyone challenged it yet?
 

Linden Smith

Cyburbian
Messages
141
Points
6
I've not heard of it being challenged yet.

My impression is that it requires a cost/benefit perspective, so that treating a church like a assembly hall give you some justification for regulating it, but if you single it out, than you would have to justify it by showing the economic impact to the church.
 
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