Last week, the Planning and Zoning Commission denied a request by the Oro Valley Church of the Nazarene (OVCN) to allow the height of a new sanctuary to be greater than currently in place.
However, OVCN has the right to appeal
We suspect that OVCN will appeal this decision to the Oro Valley Town Council. That appeal must be requested by early February. Prior to making their decision, OVCN attorney Jerry Steele presented their legal basis for commission why the request should be granted. We expect to hear the same arguments when the appeal is heard.
Prior approval supports new height request
The Oro Valley Church of the Nazarene (OVCN) representative began by highlighting the Planning and Zoning Commission’s previous approval of a 42-foot roof for a church facility. The current request seeks approval for a 40-foot roof—two feet shorter than what was previously approved and five feet below the 45-foot limit permitted by code. The representative argued that this prior decision sets a clear precedent, making it reasonable for the church to believe their new request would be accepted.
However, under questioning of town council by a commission member it was revealed that "...from a regulatory standpoint, you [the commission] denied the 42 feet and recommended ... that it go forward to council. So this group never approved 42 feet. It might've been on the plan, but it wasn't approved by you."
Concerns about sightline impact lack evidence
Addressing community concerns about obstructed views, the church representative noted that neither residents nor town staff have provided substantial evidence showing significant sightline interference. Town staff reported any interference as minimal. The church also presented photographic "evidence" supporting the claim that the building would be barely visible from neighboring areas, except from its entrance side. The representative emphasized that the proposed structure would sit between the existing 29-foot sanctuary and a nearby 60-foot high school building, suggesting the design fits the area's existing landscape.
A legal "standard" should be used
The church questioned the basis on which the commission would decide—whether on legal standards or public sentiment. The representative pointed out that the commission has granted similar height approvals for other churches and schools, ranging from 36 to 45 feet. Denying OVCN’s request, despite these precedents, could violate the church's right to equal protection under the 14th Amendment. This argument positioned the decision as a matter of consistent legal application rather than community opposition.
Federal law protects religious property use
The representative cited the Religious Land Use and Institutionalized Persons Act (RLUIPA), which prevents government bodies from imposing substantial burdens on religious institutions without a compelling governmental interest. Rejecting the 40-foot roof would force the church to redesign the building, resulting in an estimated additional cost of $6–10 million. This financial impact was presented as a substantial burden, and the representative argued that no compelling governmental interest—such as public safety—justifies such an imposition. Aesthetic concerns, they stressed, do not meet the legal threshold for denying the request.
Prior approvals in other situations should apply here
In conclusion, OVCN urged the commission to honor its prior approval, acknowledge the absence of significant sightline impacts, and recognize the church's legal rights. The representative called for the commission to approve the 40-foot roof height and allow the project to proceed to the next phase of review. The church expressed appreciation for the commission's consideration and awaited its decision.
What could happen next
LOVE believes that OVCN will exercise its right to appeal the decision to the Town Council. It if does not do so, it will have no legal recourse to further pursue this. If the Council affirms the Planning and Zoning Commission’s decision, OVCN can then seek remedy through litigation, which could delay the project for a long time, or it could drop the matter and design the facility within the current 29-foot height limit.
Perhaps OVCN will choose to do just that. After all, it does have the deeded right to do so.
But is that right absolute? Read more tomorrow.
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