PITTSBORO — Citing federal law, the Chatham County Board of Commissioners denied a request for a zoning ordinance change for churches and other religious gatherings on Monday night, but instructed staff to begin considering supplemental standards for places of public assembly.
The 3-0 vote — commissioners Jim Crawford and Walter Petty were absent — concluded a discussion begun in November of last year surrounding the Radha Krishna Temple of N.C., located in a residential area of Hollands Chapel Road in the northeastern part of Chatham County. The commissioners followed the direction of the county’s planning board, who unanimously recommended that the change, proposed by James Cassese of Apex, who lives next to the temple, be refused.
In a document for the planning board, County Attorney Richard Rose wrote that the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), passed in 2000, prohibited local governments from “imposing or implementing land use regulations in ‘a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.’” Rose continued that separating places of worship from other public assembly buildings like schools, nonprofits or clubs in zoning regulations would “place an undue burden on religious use and thus violate RLUIPA.”
It’s the same argument that Paul Messick — attorney for the Town of Pittsboro and representative for the owners of the Hindu temple — made in November.
“I think this proposed amendment violates the law,” Messick said at the time. “And I think it subjects the county to substantial liability.”
Jason Sullivan, the county’s planning director, said Monday that the planning board also recommended that the board instruct staff to consider supplemental zoning requirements for public assembly places in residential areas. The commissioners agreed.
“I think the idea of creating specific supplemental standards for places of assembly is indeed a good path to go down,” said board vice chairman Diana Hales. “We haven’t, in Chatham, had many instances, but with the population increasing, with more activities that will be occurring in the county as the county grows, it’s probably a good time to look at that and things that would be applicable to all.”
The meeting was held at the Chatham County Courthouse.