Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. § 462.357, subds. la, lb. See Section IlI-A, Establishing permitted and conditional uses. 42 U.S.C. § 2000cc. See LMC information memo, Zoning for Religion. City of Woodinville v. Northshore United Church of Christ, 211 P.3d 406 (Wash. 2009). McGann v Inc. Vill. Of Old Westbury, 719 N.Y.S.2d 803 (N.Y. Sup. 2000). c. Manufactured home parks A manufactured home park must be allowed as a conditional use in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Standards for granting the conditional use should be explicitly stated in the city ordinance. Cities cannot enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot -size requirements, or manufactured home set back requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot -size and setback requirements, if any. 3. Federal law considerations: The Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 provides that no government entity shall impose or implement a land use regulation in a manner that puts a substantial burden on the religious exercise of a person, religious assembly or religious institution, unless the government can show the burden is in furtherance of a compelling government interest and is the least restrictive means of furthering that interest. This means that a religious use may be, in some circumstances, exempted from city zoning requirements if the regulation substantially burdens the religious organization or person's exercise of religion. RLUIPA also provides that no government may 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. For example, a zoning ordinance that allows community centers and fraternal organization centers in a particular district, but not a religious center (such as a church, mosque or synagogue), whose use would be strikingly similar to the other allowed uses. • Discriminates against any assembly or institution on the basis of religion or religious denomination. • Totally excludes religious assemblies from their jurisdiction or unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. Activities beyond worship services for religious institutions may potentially be protected by the RLUIPA, including schools and childcare. However, this is an unsettled area of the current law. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 11