Agenda - Planning Commission - 01/09/2014

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Zoning Bulletin December 10, 2013 I Volume 7 I Issue 23 SEVENTH CIRCUIT (WIS.) (10/30/13)—This case addressed the issue of whether land use regulations prohibiting a proposed year-round Bible camp on residentially -zoned property violated the Religious Land Use and Institu- tionalized Persons Act. The Background/Facts: Eagle Cove Camp & Conference Center ("Eagle Cove") sought to construct a year-round Bible camp on 34 acres of property (the "Property") that it owned on a lake in the Town of Woodboro, Wisconsin ("Woodboro"). The Property was under the zoning authority of Oneida County (the "County;'). As of May 2001, Woodboro had voluntarily subjected itself to the County's Zoning and Shoreland Protection Ordinance (the "Ordinance"). Ac- cording to the Ordinance, religious land uses were permitted throughout the County and Woodboro. Year-round recreational and seasonal camps were permitted on 36% and 72% of the land in the County, respectively. In addi- tion, churches and religious schools were allowed on 60% of the land in the County. Churches and schools were permitted on nearly 43% of the land in Woodboro and campgrounds (religious or secular) on approximately 57%. A portion of Eagle Cove's Property was zoned Single Family Residential. Another portion of the Property was zoned Residential and Farming. Eagle Cove believed that their religion mandated that the Bible camp be on the Property. Eagle Cove also believed that they had to operate the Bible camp on a year-round basis. Since the zoning of their Property did not allow for a year-round Bible camp, Eagle Cove petitioned for rezoning of the Property. The County denied the rezoning petition on the grounds that it would conflict with the majority single-family usage around the lake. Eagle Cove then sought a conditional use permit ("CUP"). The county denied the CUP because the proposed Bible camp did not conform to the goals in the district and was incompatible with the single-family residential use of the land adjacent to the Property. Eagle cove ultimately filed an action in court in which it asserted, among other things, that the land use regulations of Woodboro and the County deprived Eagle Cove of its rights set forth under various provisions of the federal Religious Land Use and Institutionalized Persons Act ("RLUIPA"). More specifically, Eagle Cove argued that Woodboro had violated RLU- IPA's total exclusion provision. That provision prohibits governmental land use regulations from totally excluding religious assemblies from a jurisdiction. (42 U.S.C.A. § 2000cc(b)(3)(A).) Eagle Cove argued that by excluding religious recreational camps within its borders, Woodboro violated this provision. Eagle Cove also sought relief under RLUIPA's substantial burden provision. Eagle Cove alleged that the County imposed a substantial burden on the exercise of religious rights without having a compelling reason for do- ing so. (42 U.S.C.A. § 2000cc(a).) Eagle Cove further argued that the Ordinance violated the equal terms pro- vision of RLUIPA, which prevents governmental land use regulations that treat religious institutions on less than equal terms with similarly situated institutions that do not have a religious affiliation. (42 U.S.C.A. § 2000cc(b)(1).) 2013 Thomson Reuters 3