St. Maximos' Hut

Zoning and Faith
Increasingly, there is a tension between municipal zoning restrictions and faith-communities. While enactment and enforcement of such provisions may include a measure of anti-religious animus, the basis for "zoning out" religious institutions is rooted in simple local economics which favor creation of commercial areas that produce tax revenue, as well as jobs and private income to businesses and individuals.
On the other hand, religious entities seeking to reach potential members "where they are", or who are in need of lower cost property frequently eye commercial areas as viable locations. Local jurisdictions, which stand to lose real estate and sales tax revenue when exempt organizations locate in commercial areas, have proven hostile in many locales.
In 2000, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA), which, inter alia provides that "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution."
This legislation has produced a spate of court challenges to local restrictions, most recently in Titusville, Pa., where city officials are relying on a 1976 regulation to try to prevent the Lighthouse Christian Center from building a new church in the city's commercial district. CNS.com reports on the case, as well as recent rulings in New York and Florida here.
Posted by Fr. Charles Nalls on Thursday August 3, 2006 at 9:11am