RLUIPA Compliance Raises Concerns For Kennedy


(posted Oct 5)


At the request of Department Metropolitan Development Commissioner Robert Kennedy, the DMC delayed its vote until Oct 17 on a proposed zoning ordinance to allow religious uses to become a permitted use in C-1 zoning districts.

DMD Planner Tammara Tracy explained the zoning change is necessary to comply with a federal law called The Religious Land Use and Institutionalized Persons Act (RLUIPA). She said the city is receiving an increase in requests from religious institutions to locate in commercial districts. It was a request of the city's Corporate Legal office to amend the ordinance. Currently, churches needs a special use zoning classification or a variance.

Kennedy complained the ordinance was too vague with its definition, citing examples of "divine worship" and "residential uses."

Tracy said that churches are broadening their services to more than worship services. Outreach ministries in the form of residential and commercial uses now include many religious institutions activities. The definitions were intentionally broad to encompass these functions.

Kennedy based his complaint on his observations that churches have gone in certain areas in the city and "they act almost like an amoeba absorbing everything around it" claiming to be religious institutions when in reality they are functioning as landlords with rental property.

"They are a biggest slumlords in some parts of the country," he said.

"I can't respond to that issue," Tracy said.

Kennedy explained the line has to be drawn to define outreach ministries to prevent some churches from acting as slum lords.

Kennedy's initial motion to continue the issue until Nov 7 was modified at Tracy's request when she noted  that the ordinance needed to be resolved under the authority of the current City County Council. She said the issue could not be resolved if it was continued beyond the October 17 meeting.

If the zoning ordinance passes, Lord of the Harvest would not need a variance or a zoning change to locate at 2828 High School Road, zoned C-1. Speedway has very little C-1 property. Lord of The Harvest's petition was delayed by the Speedway Board of Zoning Appeals until its Nov 7 meeting because of improper advertising of the legal notice.

Public comments can be addressed at the Oct 17 meeting or at the City County Council's vote on the ordinance.