TRI In The News
Waynesboro Planners Veto Zoning Request for Homeless Shelters
From The News Virginian
Original article available here
The Waynesboro Planning Commission voted Tuesday to deny a local ministry group’s request for a zoning ordinance amendment that would allow for winter shelters for the homeless in city churches as an accessory use.
The 4-2 vote against the request of the Waynesboro Area Refuge Ministry must now get the final consideration of Waynesboro City Council.
While WARM offered shelter for the homeless this past winter at two area churches, the conditional use permit for that has expired.
Members of the planning commission who supported the vote against shelters as an accessory use, say their decision is based on prudent land use, not a religious restriction.
An attorney for the Charlottesville-based Rutherford Institute spoke at Tuesday’s meeting, asked for approval of the accessory use request.
Rutherford Institute Attorney Rita Dunaway said the care of churches for the needy is not just a Biblical mandate, but a constitutional right that is embodied in federal and state law. And she said court cases have ruled in favor of such shelters as an accessory use.
“What I have seen is a small band of people who want to help other people and local government standing in the way of it. Vote to remove your tape from the First Amendment,’’ Dunaway said.
Planning Commission Vice-Chair Terry Short said the city is not infringing on religious freedom, but considering land use in a city where many churches are in neighborhoods.
Another commission member, David Bihl, said he thinks a conditional use permit works because it offers the option of restricting an activity that “might not be beneficial in all areas.”
Waynesboro City Planner Michael Barnes said the potential options for WARM could include seeking a conditional permit like the one it operated under this past winter, or expanding that to include more residential areas in the city.
