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Churches Contest
<br />Zoning Process
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<br />Churches in Fairfax Count% Virginia, are seeking more compas-
<br />sionate treatment of their development permits. Under the
<br />current system, the board o£ zoning appeals hears cases, but local
<br />ministers argue that the board is overly restrictive when it
<br />considers special use permits for churches in Iower-densit),
<br />residential districts. They complain of permit denials, length)'
<br />review periods, and costly development fees. The)' petitioned the
<br />county board of supervisors to allow them to bring their cases
<br />directly to the supervisors instead of' the zoning board. The
<br />count3, adopted an amendment in February that allows churches
<br />to apply for special exception permits. The count).., board is now
<br />considering whether to allow churches with a child care center,
<br />nursery school, or private school with more than 100 students to
<br />have the option of applying to either board.
<br /> Fairfax Count), allows churches by right in higher-density
<br />residential districts as well as commercial and industrial districts.
<br />Churches must apply for a permit to locate in low-density
<br />residential zones, including residential conservation and preserva-
<br />tion zones. Every development application the county reviews
<br />incurs fees based on the time involved in processing the permit.
<br />A separate department of environmental management requires
<br />another set of fees to review site plans. Finally, all rezoning or
<br />special exception cases are subject to proffers, legally binding
<br />commitments set by either the zoning board or board of
<br />supervisors. A church ma), be required to pal' each fee as well as
<br />to meet any permit conditions, including providing road
<br />improvements.
<br /> Pastor Gary Haskell complains that his 20-member congrega-
<br />tion was required to pal, thousands of dollars to widen the street
<br />when the church was rebuilt after a fire. "While I'm certainly in
<br />favor of protections for the neighborhood, we felt like this was
<br />overkill," he says. The ministers contend that the zoning approval
<br />process is significantly easier for developers than for church
<br />members, who have little knowledge of the development process.
<br /> Count3, supervisor Michael Frey is working to convince his
<br />colleagues that churches will receive fairer treatment if allowed to
<br />appear before them. "A church is not a 7-Eleven," he says, and
<br />should not be subject to the same procedures and fees. Church
<br />leaders regard the supervisors as more accountable to the public
<br />and thus sympathetic to their intentions.
<br />
<br />Zoning News is a monthly newsletter published by t}~ American Planning Association.
<br />Subscriptions are available for $45 (U.S.) and $54 (foreign).
<br />Israel Stollman, Executive Director; Frank S. $o, Depu? Executive Director.
<br />
<br />ZoningNews is produced at APA. Jim Schwab, Editor; Michael Barrette, Mark Booc'zko,
<br />Fay Dolnick, Sarah Dunn, Michelle Gregory, Becky Maroot, Marya Morris, Amy Van
<br />Doren, Reporters; Cynthia Cheski, Assistant Editor; Lisa Barton, Production.
<br />Copyright ©1993 by American Planning Association, 1313 E. 60~h St., Chicago, IL
<br />60637. The American Planning Association has headquarters offices at 1776
<br />Massachusetts Ave., N.W., Washington, DC 20036.
<br />All righta reserved. No part of this publication may be reproduced or utilized in any
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<br />by any information storage and retrieval system, without permission in writing from the
<br />American Planning Association.
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<br />and 10% postconsumer wuxte.
<br />
<br /> Michelle Donovan, a land-use specialist and administrative
<br />assistant to supervisor Joe Alexander, is not sure what advantages
<br />thc churches will gain. At one time, the supervisors did consider
<br />church cases. Because of the county board's highJy politicized
<br />atmosphere, that was changed so that the zoning board reviewed
<br />the cases using an established set of criteria. The hearing process
<br />before the count), board takes an average of four months, longer
<br />than the zoning board's 90-day limit. Donovan says the switch
<br />back to the board will neither speed the process nor guarantee
<br />that the board will waive fees. One clear advantage of the
<br />proposed amendment is that combining applications for a
<br />church together with its accessory uses will slightly lower the
<br />permit fee (to $1,980) required for two separate types of permits.
<br />If denied a permit, a church will not be able to resubmit an
<br />application for consideration by either board for one year.
<br /> "The problem is with the process," says supervisor Gerald
<br />Hyland. "In fact, things may not change at all." And Donovan
<br />says the zoning board is *'rarely as harsh" as the count),, board
<br />because of potential public pressure for development to pay its
<br />fair share. Amy Van Doren
<br />
<br />Repo rts
<br />
<br />Reviewing New
<br />Construction Projects
<br />in Historic Areas
<br />
<br />National Trust for Historic Preservation, 1785 Massachusetts Ave.,
<br />N. W., Washington, DC20036. Information Series No. 62, 1992;
<br />24pp.; $5. OOplus $5. O0 shipping and handling ($2.50 each plus
<br />$5. O0 shipping and handling charge for orders of l 0 or more).
<br /> As this report notes, new construction projects in historic
<br />districts can elicit passionate opinions from all sides. But there
<br />are rational procedures thit can be applied in assessing such
<br />projects, including the use of technological resources such as
<br />videotaping and computer imaging to aid preservation
<br />commissions in visualizing the impact of proposed construction.
<br />But clear thinking is also crucial: What values and visions does
<br />the community wish to attach to its historic districts?
<br />
<br />OK in My Back Yard:
<br />Issues and Rights in
<br />Housing for the
<br />Mentally I!1
<br />Ma~orie Beggs. Published by the Zellerbach Family Fund.
<br />Available from San Francisco Study Center, ] 095 Market St.,
<br />Suite 602, San Francisco, CA 94103. 1993. 40pp. Free.
<br /> Despite the passage of the federal Fair Housing Amendments
<br />Act and the Americans with Disabilities Act, group homes for
<br />the mentally disabled still face intense opposition in many
<br />communities where they seek to locate. This booklet reviews
<br />strategies and options pursued by planners and care providers
<br />for winning public acceptance of needed support facilities in
<br />four Bay Area counties.
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