These proposed changes could make it harder to establish, expand, or operate churches by adding permits, public hearings, and infrastructure requirements—treating them more like regulated development than traditional community institutions.
Federal law protects churches from overly burdensome zoning and The Institutionalized Persons Act (RLUIPA). RLUIPA limits how local governments can regulate religious land uses.
Locally imposed rules can regulate, but they can’t effectively block or squeeze out religious use.
No “substantial burden” on religion:
• Local rules cannot make it unreasonably difficult for a church to locate, build, or expand—unless the county has a compelling reason and uses the least restrictive means.
Equal treatment required
• Churches must be treated at least as well as comparable non-religious uses (like community centers, clubs, or event spaces).
No discrimination
• Zoning cannot single out religious uses for stricter rules.
Churches and other places of worship
- Loss of “by-right” status will mean that churches may no longer be automatically allowed in certain districts (including some agricultural or residential zones) and could require a Special Use Permit (SUP) or similar approval process.
- Public hearing requirement means that new or expanding churches may need to go through Planning Commission review, Board of Supervisors approval and public hearings, where nearby residents can oppose projects. This introduces uncertainty, delays, and potential denials.
- Expanded definition of “intensity of use” regulations may treat churches more like commercial uses based on attendance size, number of events per week, and traffic generation. Small rural churches could be regulated the same way as large facilities.
- Parking requirements impose minimum parking ratios (e.g. per seat or per square footage) and could require large, paved lots which will increase development costs and make small or historic properties noncompliant.
- Setbacks and lot standards require increased requirements for building setbacks, lot size, buffering or screening and could limit where churches can be located, especially in rural areas.
- Traffic and road impact requirements mean that there may now be a need for traffic impact studies, road improvements or entrance standards which adds cost and complexity, even for modest congregations.
- Limits on accessory uses will restrict ability of churches to host food pantries, day cares, community events. New rules may restrict or require separate approval for these activities.
- Building and expansion rules mean that expanding an existing church could trigger full compliance with current zoning and require new permits and reviews. Even small additions could become difficult.
- Signage regulations pose stricter rules on size and lighting placement and could reduce visibility, especially in rural areas.
Churches may now face complaints-based enforcement inspections, or zoning violations, if standards aren’t met. This moves away from historically flexible treatment.
Legal concerns could arise when the proposed ordinance requires special use permits while similar assembly uses are “by-right”. If these rules make it too difficult or uncertain for churches to operate, they could be challenged under RLUIPA. The proposed zoning changes may push up against state and federal protections since churches are protected under federal law from burdensome zoning.