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HomeMy WebLinkAboutSDP201800002 Study 2018-05-23County of Albemarle Department of Community Development Memorandum To: Community Development Staff Working with Religious Assembly Use Approvals From: Amelia McCulley, Zoning Administrator Date: October 9, 2017 Subject: Advisory Determination — By Right Religious Assembly Use in Rural Areas / Monticello Historic Districts In consultation with the County Attorney's office, Staff has examined our current zoning regulations as they pertain to religious assembly uses. In light of the Religious Land Use and Institutionalized Persons Act (RLUIPA), Staff has determined that a religious assembly use by no more than two hundred (200) persons is a by right use in Albemarle County, and does not require site plans. This advisory determination is intended to provide guidance to both applicants and Staff in addressing applications for a religious assembly use. Background The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) was enacted to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws. One of its provisions includes the following language: Equal terms. No government shall 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. (§ 42USC2000cc) Under this provision, Albemarle County must regulate religious assembly uses under the most permissive land use regulations applied to nonreligious assembly uses. The Albemarle County Code § 18-3.1 defines Religious Assembly Use as: A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines. (Added 8-9-17) Agritourism and Farm Winery Events The Albemarle County Code allows agritourism and farm winery events at a farm winery by right in the Rural Areas (RA), provided that no more than two hundred (200) persons are in attendance at any time, and provided that the event does not create a substantial impact on public health, safety, or welfare. October 9, 2017 Advisory Determination - By Right Religious Assembly Use in RA/MHD Page 2 County Code § 18-5.1.25 states: Each farm winery shall be subject to the following: b. Agritourism uses or wine sales related uses permitted by right. The following uses are permitted at a farm winery by right, provided they are related to agritourism or wine sales: 8. Other uses not expressly authorized that are agritourism uses or are wine sales related uses, which are determined by the zoning administrator to be similar in kind to other uses permitted by right in this subsection, which do not create a substantial impact on the public health, safety, or welfare, and at which not more than two hundred (200) persons are in attendance at any time for this use. Farm wineries are required to obtain a zoning clearance to hold events (with some exceptions) under section § 18-5.1.25, but are exempt from zoning site plan requirements because farm wineries are an agricultural use, pursuant to Albemarle County Code § 18-32.2. Discussion Under RLUIPA, a religious assembly use must be placed on equal terms with nonreligious assembly use. In Albemarle County, the most permissive nonreligious assembly use is agritourism and farm winery events for up to two hundred (200) persons. As a result, religious assembly uses for up to two hundred (200) persons are a by right use in the Rural Areas (RA) district and exempt from site plan requirements. However, any assembly use, religious or non -religious, for over two hundred (200) persons in the RA district, must obtain a Special Use Permit. It should be noted that RLUIPA does not regulate the application of building codes. Although farm buildings and structures are exempt from the Virginia Uniform Statewide Building Code (Va. USBC), religious assembly use structures are subject to Va. USBC, and must follow all Building Code procedures. In all districts other than RA, religious assembly uses are on equal terms with all nonreligious assembly uses, and are subject to the Albemarle County Zoning Ordinance regulations in each district. Summary Religious assembly uses in the Albemarle County RA district are a by right land use, provided the use does not create a substantial impact on public health, safety, or welfare, and is in use by not more than two hundred (200) persons at any time. This by right use exempts religious assembly use from zoning requirements for site plans, but they must pursue a zoning clearance and follow all regulations pertaining to the Va. USBC.