DIR2003-00002 DATE: 9/16/2003
CODE SECTIONS: 18.130
V \ � V a-,;) C)"t) j -- 3
18.330
18.520
I TOPIC:I Permitted Uses: Churches allowed in the C -P zone with modification approval
INTERPRETATION: THIS IS AN INTERPRETATION BY THE CITY ATTORNEYS OFFICE
The City Attorney concluded that the Religious Land Use and Institutionalized Persons Act
(RLUIPA) precludes the City of Tigard from requiring a Conditional Use for churches when
other uses similar to satellite churches are permitted outright in the C -P zoning
classification. Therefore, they suggested that we look at churches as a permitted use in
the C -P zone and require a modification to the existing use on the site.
FINDINGS: (This review is under MMD2003- 00016 /City Bible Church)
The City of Tigard finds that the federal law referred to as the "Religious Land Use and
Institutionalized Persons Act" (RLUIPA) specifically prohibits the jurisdiction from requiring
a conditional use for a religious institution in this zoning classification, because other
similar uses are permitted outright (i.e. cultural institutions and social /fraternal
clubs /lodges).
The access from SW Pacific Highway is under the jurisdiction of the Oregon Department
of Transportation (ODOT).
There are currently two, 24 -foot accessess serving the site including the access from SW
Pacific Highway.