Fla. county denies plans to halt building of new churches
A Florida county has denied that officials are considering a moratorium on the construction of new churches in the area in response to backlash following initial reports that this was being considered.
At the Orange County Board of Commissioners meeting on Tuesday, officials acknowledged that many residents were concerned about possible plans to cease the construction of new churches.
Before public comments on the matter, recently sworn-in Commissioner Kelly Semrad of District 5 assured residents that she was “not asking for a moratorium today on church development.”
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“I just wanted to make sure people were aware,” Semrad continued. “All that I am looking at is an ordinance update on A-2 [farmland rural district] land. […] I know there’s a lot of anxiety, and I am not requesting a moratorium on churches.”
Orange County Mayor Jerry Demings acknowledged that there “may be some misunderstanding” regarding the issue of building churches in the county and a special report done on the matter.
“There’s not an agenda item today where the board will take any specific action to create a moratorium,” stated Demings, according to the Orlando-based WESH 12.
During Tuesday's meeting, Semrad discussed how the county was considering the creation of an oversight board that would focus on “church developments in rural areas.”
“County code, which was developed in 1957, allows for churches on A-2 land to be issued a right to build permit as long as they meet regulatory guidelines,” Semrad explained. “In contrast, churches built within rural settlements, which are also located within the rural boundary, are required to go through a BZA public hearing and meet specific criteria.”
“We’re just looking for consistency. So if a church, for example, is required to go through BZA in a rural settlement, and all rural settlements are within now the rural boundary, it seems like compatibility and consistency on A-2 land, particularly when it is forthcoming in Orange code, that we seek an update to the ordinance.”
Semrad added that “we just don’t want to have gaps” and that “all of our places of worship are a place that are compatible and consistent with the surrounding community. And that is what the intention of the report was.”
Last month, the nonprofit law firm Liberty Counsel sent a complaint letter to county board members, citing a report in which outgoing Commissioner Emily Bonilla proposed “an immediate moratorium on the acceptance, processing, and approval of church permits or applications in rural areas.”
“This moratorium would prevent potential developments from proceeding under the current framework while updates are being developed,” noted the commissioner's report, as quoted by Liberty Counsel. “The moratorium should apply to all church-related permits or applications in rural areas, including those currently in process but not yet approved. This retroactive application is necessary to ensure that no projects move forward under the existing framework during the review and amendment period.”
Liberty Counsel argued in their letter that such a moratorium would violate the First Amendment and the Religious Land Use and Institutionalized Persons Act.
“There is no such thing as a church-free zone,” said Liberty Counsel founder and Chairman Mat Staver in a statement on Monday ahead of the commissioners' meeting.
“The Constitution and the Religious Land Use and Institutionalized Persons Act specifically prohibit local governments from using zoning laws to suppress churches and places of worship. The Orange County Board of Commissioners must rescind this unconstitutional proposal.”
