Church Parking Lots and Zoning Law

Court rules that a church’s planned parking lot would violate zoning law.

Church Law and Tax 1992-03-01 Recent Developments

Zoning

The Alabama Supreme Court ruled that a church could not create a parking lot on land located across the street from the church. A Baptist church purchased land across the street from the church building in order to expand its parking facilities. Neighboring landowners complained that such a use of the property was not permitted by local zoning law. A local zoning board ruled in favor of the church. It reasoned that churches were permitted uses in the area in question, and that a church parking lot should be permitted as an “accessory use” by a church. The neighbors appealed to a state appeals court, which reversed the decision of the zoning board and prohibited the church from establishing the parking lot. The case was then appealed to the state supreme court, which agreed with the appeals court that the parking lot should not be allowed. The court noted that the local zoning ordinance defined an accessory use as a use “on the same lot with” the principal use or structure. The court concluded that “the definition of accessory use in the ordinance is consistent with the general rule that the accessory use must be located on the same lot as the building to which it is accessory.” Since the proposed parking lot was across the street from the church, it was not “on the same lot” and accordingly could not be permitted as an accessory use. Such a crabbed interpretation of the zoning ordinance is highly questionable, and undoubtedly will lead to serious problems for larger churches in communities with similar ordinances, since they will not be able to construct parking lots beyond the square block on which the church is located. Such an interpretation raises serious questions under the first amendment’s religion clauses, since it will definitely result in discriminatory treatment of larger churches. Ex parte Fairhope Board of Adjustments and Appeals, 567 So.2d 1353 (Ala. 1990).

See Also: Zoning Law

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square