Much as I agree that people should be able to do what they want in their own homes, I'm glad I don't live next door to people conducting church services with up to 50 people twice a week!
Does A City Have A Right To Limit "Bible Study" In A Home With A Group Of People?
I think these people would definitely be classed as nusiance neighbours.
It doesn't matter if they are meeting to discuss the Bible or if they are the Capastrano chapter of Donny Osmond's fan club. Upto 50 people arriving and leaving one resdiential property twice a week with all the related traffic, parking and noise issues?! I'd want my local authority to stop it.
As long as they don't disobey laws regarding parking, noise levels, commerce, etc, they should be protected by our constitutional rights in this area.
I am an atheist, and I would HATE being the neighbors who had to put up with this. But, I am also a supporter of rights of the people. What if this was applied to the boy-scouts, tupperware parties, garage sales, backyard picnics, family reunions? Nope. The municipality that is seeking to do this is way off base, and I hope the California Supreme Court gets the case in time and pitches it into the Pacific.
Interesting Jeff - but which right should the state protect? The right to peaceful enjoyment of your own home, or the right to run a church out of a residential property?
If my neighbour was holding a garage sale twice a week surely they'd be in violation of local zoning laws?
This is what to expect from a once-free country that is no longer free. One city this time, a state next month, president Perry sometime in early or mid 2013. The Constitution is worth about as much as our toilet paper "money(??)", which is nothing. And trying to throw them out will only result in the Imperialists and Globalists replacing them with someone else that will do the same thing. If they do not, let's say John F. Kennedy, the last President that went against them, didn't live to tell about it.
According to the Constitution (which, if followed, would have made this country still the greatest in the world instead of headed for the bottom of the heap), anyone has the freedom to practice religion as they see fit. No, infringing on others' rights is not part of this--but having a study group at your home does not infringe on anyone. Maybe if they were smoking weed, making huge amounts of noise at 3 in the morning, and busting beer bottles everywhere and harassing people, they would have a valid case.
Or, if they were going out trying to recruit people into a scam religion. People have no right to go around threatening others with imminent destruction in the name of God unless they join that religion, especially when the Bible doesn't say that. And not taking no for an answer--like repeatedly calling on someone despite repeated warnings that they do not want such calls (and several prominent No Trespassing signs) is infringing on people's rights.
Go down south and see all the "churches" there! Every block there's a house/church.
I agree with Jeff. Can you imagine having a family reunion and being told you can't unless you pay the town $$$. (But this has nothing to do with religious freedoms).
As has already been brought out on the two previous threads, it is a simple zoning issue.
WHAT IS A CONDITIONAL USE PERMIT?
A CONDITIONAL USE PERMIT (CUP) allows a city or county to consider special uses which may be essential or desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process. A conditional use permit can provide flexibility within a zoning ordinance. Another traditional purpose of the conditional use permit is to enable a municipality to control certain uses which could have detrimental effects on the community (Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176).
Consideration of a CUP is a discretionary act. A CUP application tendered by a project proponent is considered at a public hearing and, if approved, is generally subject to a number of pertinent conditions of approval. Depending on local ordinance requirements, hearings are typically held by a board of zoning, the planning commission, or a zoning administrator. The owners of property near the site are sent advance notice of the date, time, and place of the hearing.
Examples of common uses allowed with a conditional use permit can be found in any city or county zoning ordinance. For example, Santa Rosa's zoning ordinance lists uses which may be permitted within single-family residential districts with a conditional use permit. These uses include churches, public or private schools, public building or utility structures, parking lots, temporary subdivision sales offices, and community care and health care facilities. Chico's zoning ordinance lists various uses permitted with a use permit issued by either a planning director or planning commission. These uses include temporary amusement attractions, the placement of a building or structure on a lot or parcel which has been moved from another lot or parcel, public buildings and facilities, parking or access located off-site from the site being served, private recreation centers, and planned developments. Each city or county may include in their zoning ordinance a wide variety of uses which they will permit with a conditional use permit.
(More at link.)
Not in America.
:As has already been brought out on the two previous threads, it is a simple zoning issue .
No, it isn't. First, read the 1st Amendment to the United States Constitution and please tell dummies like me where "zoning issues" trumps the right of people to peacablly assemble. Next, please tell dummies like me where zoning "laws" overrule the United States Constitution for citizens to peaceably assmble.
If you can't do that (you can't do that), you are talking out of a place where the sun don't shine.