Palm Beach County Proposes to Delete Zoning Restrictions Related to Church Size and Location

May 3, 2006

Palm Beach County, FL - After an avalanche of public opposition, the Palm Beach County Commission appears to be abandoning a proposed ordinance designed to limit the maximum size of churches to 750 seats in residential areas, with even smaller limitations in suburban (500) and rural neighborhoods (250). The calculation for the total number of seats was to include the sanctuary and the entire church complex.

Last week Liberty Counsel wrote a letter to the Commissioners stating that a proposed zoning ordinance is unconstitutional and subject to legal challenge. In addition to local calls and emails, a nationally broadcast radio interview on Crosstalk generated a flood of calls from locals and tourists around the country asking the Commission to not approve the ordinance. The Commission has now voted to advertise an Amendment to the Unified Land Development Code which deletes the seat limitation on churches. The first reading for these amendments will be on May 25, 2006.

Commenting on this situation, Mathew D. Staver, President and General Counsel of Liberty Counsel, said: "We are pleased that Palm Beach County did the right thing in revising the proposed ordinance to remove the seat limitation on churches without costly litigation. We will continue to closely monitor the ordinance along with the actions of the county officials to ensure that churches are not targeted for discriminatory treatment. Several churches are in the zoning approval process. Even if the threat of the proposed ordinance is past for now, we will not tolerate any retribution or discriminatory treatment against any church. We will closely monitor any unnecessary delays and burdens placed on any church seeking zoning approval."

TAKE ACTION