HomeMy WebLinkAboutC.054.93009_1082proposed on section 82.2. This amendment would have: (1)
shortened the period of time for approval of the construction of
a church in a R-20 district by eliminating the need to go to the
planning board (they could go directly to the board of adjustment
for first and final approval) and (2) the exclusion of churches
and their customary related uses on anything that was constructed
prior to the adoption of the date of this proposed amendment. On
October 4, 1995, the Planning Board reviewed the proposed
amendment and on a vote of 5-2 recommended that the period be
shortened and eliminate the planning board from the review
process. The Planning Board, however, did not recommend that
churches be exempted prior to the date of adoption for this
ordinance. During the agenda briefing a definition of customary
uses of a church was requested. A definition was sought to
define customary related uses to the degree that would offer some
protection for the neighboring area.
County Attorney Bill Pope mentioned that he had discussed
this matter with Mr. Lundy sometime ago. He mentioned that he
was always in favor of defining things because there was less
likelihood for confusion in the future. He felt that more
charitable activities would be carried on by churches in the
future. He mentioned that a definition would be determined by
how much regulation the county wanted to impose on churches.
Commissioner Madison said he didn't want the County to
regulate churches. He said that during the briefing session a
case was brought up about a church that owned a piece of property
that it intended to be used as a campground. Madison said he
didn't construe this as a customary related use in a residential
zone without some kind of review. The concern about allowing
this to go in place as it is worded is that any existing church,
as of the date this ordinance takes place, would be able to put
in a campground, etc. This prompted the question, "Can we define
customary related uses of churches that would keep from
penalizing the 100 to 200 churches in this County but yet afford
the public protection?" Mr. Lundy said that what is considered
customary varies between religions. The church that desired the
campground commonly uses a facility such as this in its religious
observances.
Mr. Madison said he would like this issue defined, or
define out the activities that are not allowed uses by churches.
A housing unit for the elderly is an undertaking by some
churches; however, this wouldn't be permitted in a R-10 zone. It
would need to go into a multi -family zone. The church would need
to go through the proper procedures.
Mr. Pope mentioned that if churches wanted to do something
other than religious services/structures they could apply for a
special use permit. Guidelines could be given to the Board of
Adjustment as to when the permits would be granted. He mentioned
it was dangerous to try to restrict religious activities,
however, unbridled permission shouldn't be given. In addition,
he said it was his understanding that the Board was in consensus
that there is no problem if churches want to expand. The problem
enters when a church wants to engage in an activity that might be
disruptive to the neighborhood.
Chairman Haire closed the public hearing.
MOTION by Commissioner Madison to table this matter until
the November 21, 1995 meeting. It was requested that Mr. Lundy
and Mr. Pope do additional work on this amendment.
VOTING: Ayes - 5; Nays - 0.
NOV 047 1995