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I/axe'ct (~o t/?t)~ ~' Rode.~l. <br />N,vV_d _:(Mnm. <br /> <br />42 l~.q C. ~,~ 200Occ <br /> <br />C,.vd d,~berrte.v /bt' (.. 'bun <br />)4~ !" 3d 75~ 17th Cw <br /> <br />tvlt~n .':Aut ~ 462.3-<7 <br />Mmn StuL .,. !_4 ~ <br /> <br />A zoning ordinance may provide that each day the violation 'is permitted to <br />exist constitutes a separate offense. 'Multiple citations are consistent with <br />public policy because it would be unjust to allow individuals to pay the fine <br />fbr the original charge and finish a building project without abiding by the <br />appropriate codes and ordinances. <br /> <br />Violation ora zoning ordinance may be enjoined. <br /> <br />The Religious Land Use and Institutionalized Persons Act of 2000 provides <br />that no government shall impose or implement a land use regulation in a <br />manner that imposes a substantial burden on the religious exercise of a <br />person, unless the government can show the burden is in furtherance <br />compelling government interest and is the least 'restrictive means of <br />furthering that inter~st. The Act also provides that no government may <br />impose oi impletfient a land use regulation in a manner that treats a religious <br />assembly or institution on less than equal terms with a nonreligious assembly <br />or institution; that discriminates against any assembly or institution on the <br />basis of' religion or religious denomination; and that totally e~cludes religious <br />assemblies from their.jurisdiction or unreasonably limits religious assembiies. <br />institutions~ or structures within a jurisdiction. Local ordinances could be <br />challenged under the Act. allowing religious institutions and organizations <br />evade requirements concerning parking restrictions, drainage requirements. <br />setback requirements, noise limits or tree ordinances. Activities beyond <br />worship services for religious institutions cml be protected by the Act, <br />including schools~ childcare and senior centers, theaters, coffeehouses, and <br />fitness facilities. <br /> <br />Many cases are alread.(, making their way through the courts interpreting this <br />Act. In one case. a federal appellate court held that a city's imposition of' <br />special use and other approval processes on the location of churches in <br />nonresidentiai zoning areas did not impose a "substantial burden" on <br />reli.~ious exercise in violation of the Act. as the restrictions did not render <br />impracticable the use of' real property in the city for religious exercise, much <br />less discourage churches from locating in the city. <br /> <br />El. Rezoning <br /> <br />Cities have the authority to rezone or grant changes in the zoning designation <br />oi-' a particular portion of property. The planning agency, commission. <br />council, or a petition by an individual landowner may initiate a.rezoning. <br />Where rezoning is not initiated by the planning agency, the matter must be <br />referred ~o the planning agency for study and repo~. Care should be taken so <br />that the 60-day rule discussed below in Part V1 is nor violated, resulting in an <br />automatic granting of the rezoning. <br /> <br />Th~s chapter iasi revised q,'2r4/20l. I,z' <br /> <br />83 <br /> <br /> <br />