DuPage Co. proposal: Keep churches out of neighborhoods

Proposed amendments to DuPage County's zoning laws would prevent churches from opening new facilities in unincorporated residential neighborhoods.

The proposed changes cover all places of assembly, including those housing service clubs and military veterans organizations. But the main target is religious institutions because of issues that have arisen in recent years with groups attempting to open worship sites in residential areas against the wishes of neighbors.

The zoning amendments would not affect five proposals currently under review by the county for religious facilities to operate in residential areas. Those proposals include three Muslim centers, a Hindu facility and a Christian site, county officials said.

Language also is included in the proposed legislation that would protect currently operating religious facilities from being forced to close.

The county's zoning board of appeals will hold an Aug. 26 public hearing on the proposal.

Zoning issues regarding religious facilities have been a touchy subject for the county. The county board rejected similar amendments last year and the county is currently being sued by a Muslim organization that wanted to open an Islamic education center near Naperville. The board rejected the group's proposal after months of wrangling.

Additionally, one of the current proposals to open a Muslim worship center in a residential neighborhood near West Chicago has met with heavy opposition. The single-family house owned by the Islamic Center of Western Suburbs at 28W774 Army Trail Road has been operating out of code as a worship center despite citations from the county. The zoning board is expected to render a recommendation on that group's proposal Sept. 9.

Some advocacy agencies are worried about the proposed amendments, even though they cover more than just religious facilities.

"I think as long as the county can prove they are not making these decisions on unconstitutional criteria and they're not attempting to use residential zoning as a method of excluding religious or political organizations in certain communities, then it might work," said Terry Pastika, executive director of the Citizen Advocacy Center in Elmhurst. "I think they need to be very cautious."

Places of assembly are defined in the proposal as premises where people gather for "civic, cultural, fraternal, political, religious or social" purposes.

Paul Hoss, the county's zoning administration coordinator, said if a congregation outgrows a church, the building can be sold to another religious organization to be used for similar purposes as long as the new group doesn't "intensify" or "expand" the property. That means neither the building nor the infrastructure can grow when the new flock arrives, Hoss said.

Ultimately, the county board will decide the fate of the proposed zoning changes. It's unknown how long it will take for the zoning board to make a recommendation.