TRI In The News

City Council to Hold Public Hearing Tonight on Homeless Shelter Issue

December 12, 2011

From The News Virginian

While local churches see providing shelter for the homeless as a routine part of their ministry and fundamental mission, the city of Waynesboro says the local zoning ordinance specifies otherwise.

Officials contend offering such a service requires a conditional-use permit that must be approved by Waynesboro City Council.

So a local ministerial group has enlisted the help of Charlottesville’s Rutherford Institute in trying to move forward with its plans for a cold-weather shelter this winter.

The institute says the city ruling violates the constitutional rights of churches and federal and state laws on religion.

Tonight at 7, the council will hold a public hearing on a request for a conditional-use permit by the Waynesboro Area Refuge Ministry to use Basic United Methodist Church as a shelter for the area’s homeless. The city’s planning commission also will participate in the meeting and hearing.

WARM, organized by the Waynesboro Area Ministerial Association, picked out multiple church sites that would rotate as shelters and hoped to start serving the homeless today.

But early next year is now the soonest date the shelter project could start if the City Council approves a permit. The idea is to provide a hot meal and overnight lodging, as well as monitoring by three volunteers.

Waynesboro Mennonite Church Pastor Howard Miller said because of fire code and other issues, the group of four identified churches has been reduced to only Basic United Methodist while WARM looks for others.

But beyond the issue of sites, Miller said WARM disagrees with the city over the issue of a conditional-use permit.

He said that the decision is a “gross overreach by the city zoning officials and limits the outreach of ministries,” and that tending to the homeless is a spiritual part of local ministry.

Rutherford Institute President John Whitehead wrote Waynesboro City Attorney Todd Patrick last week.

In his letter, Whitehead said the zoning ordinance enforcement regarding the shelter project violates the churches’ rights to exercise their religious beliefs under the Constitution as well as under two other laws: the Religious Land Use and Institutionalized Persons Act, and the Virginia Religious Freedom Restoration Act.

Waynesboro Assistant City Manager Jim Shaw said the city’s zoning ordinance, passed in January, specifies what qualifies as a primary use and an accessory use for churches.

While the principal use is worship, accessory uses for churches would involve a minister’s living quarters, a fellowship hall and a youth ministry.

“Transient lodging or shelters for the homeless are not considered accessory,” Shaw said.

He said the ordinance also speaks to locations in the city where homeless shelters cannot be located. Those locations include the central business district and industrial sites.

Shaw said city staff has recommended approval of the shelter at Basic United Methodist, which he said has a good-sized area for the shelter and appropriate exits.

Though the public hearing is scheduled for tonight, a final vote on the shelter wouldn’t be held until Dec. 27, Shaw said.

Miller said there is a fundamental disagreement between WARM and city officials.

“If I’m being told it is not a spiritual part of ministry to feed or shelter the homeless, that is a judgment being made by city officials,” he said. “That misunderstands a biblical mandate by the followers of Christ. They [the city] need to define public safety and let the churches do what they do.”

Shaw said the city applauds the efforts of WARM, but has its obligations, as well.

And he said city officials learned of the anticipated start for the shelter project only after reading about it in The News Virginian last month.

Shaw said there had been no conversation between WARM and the city’s fire chief, police chief or zoning administrator.

“I hope they sense what we are trying to do,” he said. “I think the process is legitimate.”