Bedford County officials vote to change religious zoning restrictions

By Justin Faulconer

Published: November 12, 2008

BEDFORD — After a year of debate, Bedford County officials voted Wednesday to change zoning restrictions related to religious land use.

Following a near-unanimous recommendation of approval from the Planning Commission, the Board of Supervisors voted 4-1 to change the county’s zoning ordinance. Annie Pollard voted no, Dale Wheeler and Gary Lowry were absent.

The new ordinance defines a religious assembly as at least two people worshipping within the same structure and does away with a special-use permit requirement in the majority of the county’s zoning districts, except for three industrial zones.

George Nester, director of community development, said keeping such permits for the industrial zones would allow the county to prevent any public safety risks that could arise.

Prior to Wednesday, religious assemblies were a by-right use in nine zones and required a permit for five.

In 2006, the zoning restrictions caused the nondenominational Cowboy Church of Moneta to challenge the county. The church, which is pastored by the Rev. Ray Bell and meets in a barn on agricultural land, was in violation of the ordinance, according to the county.

The matter attracted the attention of Liberty Counsel, a conservative legal organization based in Florida with ties to Lynchburg, as well as the Department of Justice, which in early 2007 dropped an investigation.

Since then the county formed a committee that sought the help of area clergy and laypeople, including Bell, who crafted the zoning changes.

Bell said Wednesday he is delighted with the conclusion and it was an answer to prayer. He was only speaking up for an individual’s right to worship as he or she chooses, he said.

He said he tried to keep the spirit of a Romans 13 verse that instructs Christians to honor the government.

“You do not go to war with government,” said Bell. “You simply pray.”

Nester said Wednesday that his department does not believe the former zoning ordinance ever violated a federal act that protects the right to worship.

In previous interviews with The News & Advance he reiterated the county was simply trying to enforce building codes that protect the safety of individuals.

Even without permit requirements, he said that religious assemblies are still subject to zoning restrictions and that won’t change.

Steve Stevick was the only dissenting vote on the seven-member planning commission (one was absent) regarding the change. He said current zoning was never illegal and he was troubled by the proposal.

“I don’t see a reason to change it,” Stevick said.

Since 1998, when zoning was adopted in Bedford, 15 special-use permits have been sought for religious assemblies. Only one was denied, Nester said, on grounds that it strayed from its intended use to a commercial nature.

In other business:

- The supervisors voted to advertise for a public hearing in December on a proposed drought management ordinance that would allow the county to enact safety measures protecting the public water supply during extreme conditions. County Administrator Kathleen Guzi said the plan is state mandated and the county has worked to make sure it meets a balance of conserving the most water with the least public impacts. County Attorney Carl Boggess tried to make the ordinance as “bare bones” as possible, he said.

- After a public hearing, supervisors voted to allow cell towers in AV (agricultural village) zones through special-use permits. Mary Zirkle, chief of planning, said the zoning change would benefit elementary schools in Huddleston and Boonsboro seeking wireless broadband access.

- The supervisors voted to advertise for a public hearing on daily rate increases at the Bedford County Nursing Home. Rates, which range between $155 to $169, would increase to between $170 and $184, according to Guzi. She said the new rates are needed to offset increasing salaries of nursing home employees.