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Attachment C <br />MEMORANDUM <br />To: ARDEN HILLS CITY COUNCIL <br />FROM: Amy SCHMIDT, CITY ATTORNEY <br />DATE: JUNE 5, 2024 <br />RE: REGULATING RELIGIOUS LAND USES <br />Introduction <br />'i • <br />PROFESSIONAL ♦A19 1 <br />SSOCIATION <br />The City has received a Land Use Application for a Concept Plan Review for a proposed school <br />and place of worship use at the property located at 4293 and 4295 Lexington Avenue. Because <br />the property is currently zoned as I-1 Limited Industrial District, where House of Worship and <br />School, General Education are not currently allowed, the Application contemplates a zoning text <br />amendment to allow such uses in this zoning district. <br />Issue <br />Is the City required to allow religious uses in every zoning district throughout the City? <br />Short Answer <br />No, the City is not specifically required to allow religious uses in every zoning district. However, <br />if the City does not have a compelling governmental interest that would be protected by prohibiting <br />religious uses in a given zoning district, there could still be legal risk if the City substantially <br />burdened a religious use in a district in which the religious institution wishes to locate. <br />Discussion <br />A. Substantial Burden on Religious Exercise. <br />The most relevant law to address this question is the Religious Land Use and Institutional Persons <br />Act ("RLUIPA")1. The statute does not explicitly state that a city must allow religious uses in <br />every zoning district. Under RLUIPA, a city is prohibited from imposing land use regulations that <br />substantially burden religious exercise. A city may have such regulations only if the burden <br />imposed furthers a compelling_ governmental interest, and is the least restrictive means to further <br />that compelling_ governmental interest. This standard is a very high bar for a city to reach. <br />RLUIPA defines "religious exercise" as "any exercise of religion, whether or not compelled by, <br />or central to, a system of religious belief."2 Federal Courts have found that this includes not only <br />worship services, but also religious schools and other activities and functions that are part of the <br />mission of the religious entity.' <br />142 USC § 2000cc. <br />2 42 U.S.C. § 2000cc-5(7)(A). <br />3 See, e.g., Westchester Day School v. Village of Mamaroneck, 504 F.3d 338, 352-53 (2d Cir.2007). <br />231246vl <br />