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Churches not wanted in commercial areas
(by Joseph Koziol Jr. - August 21, 2008)
Churches not wanted in commercial areas
By JOSEPH KOZIOL JR.
When it comes to freedom of religion, it only extends so far.
Last week, Chardon Township's zoning commission chose not to include churches as permitted uses in the commercial areas of the township.
Donald Mohney, township zoning inspector, said the commission reasoned that places of worship could cost the township, literally.
Because the township has limited commercial area, officials said they hope to reserve that space for tax-generating businesses, rather than places of worship that are tax-exempt.
In addition, Mr. Mohney said, churches tend to take up more acreage than businesses, meaning more of the land will be taken out of the money-generating district.
He said he doesn't anticipate hearing complaints from churches, because most choose to locate in residential areas.
But can churches be denied the right to locate where they choose? Yes, said David Dietrich, Geauga County planning director. The U.S. Constitution does protect religion, but only so far as everyone has the right to practice the religion of their choosing, he said.
When it comes to erecting a building, government does have the right to control that development, like any other, Mr. Dietrich said. He said the Ohio Revised Code gives counties and local governments, including townships, the authority to control land use and zoning issues, even when churches are involved.
He said height, lot sizes and setbacks can all be applied to places of worship that want to locate in a community.
The only exemptions under the state code, he said, are made for public uitlities and agricultural uses.
Mr. Dietrich said he had recommended that the zoning commission not include churches as a permitted use in the township's commercial districts, but he offered no comment as to why. He said the township's reasoning was not his.
The township has two commercial districts that make up 153 acres, Mr. Dietrich said. Those districts are located at the intersection of Auburn and Chardon (Route 6) roads and at the northwest corner of Mentor Road and Route 44. That acreage represents about 1 percent of the 14,600 acres in the township, he said.
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