Request from DuPage mosque for 50-60 foot tall structure rejected

I’ve been tracking the cases of several proposals for mosques in DuPage County and one of the cases was in the news yesterday because of a ruling that did not allow a variance for the 50-60 foot tall structure:

During a heated hearing that included accusations from the public of demagoguery and religious insensitivity, the DuPage County Development Committee failed to endorse the plan on a 3-3 vote. The committee’s ruling followed a rejection of the proposal by the DuPage County Zoning Board of Appeals, said committee Chairman Tony Michelassi, who voted in favor of the project.

The group previously tried to win approval for a 69-foot dome and a 79-foot minaret when the County Board first considered construction of the mosque. Amid fierce opposition, construction of the religious center on 91st Street near Illinois Highway 83 was approved while a waiver to build the higher dome and minaret was denied…

MECCA leaders most recently sought a waiver to construct a dome that would peak 50 feet off the ground and a 60-foot minaret, the tall spire from which the faithful are traditionally called to prayer.

But with a cap on the height of new religious buildings set at 36 feet in residential areas, the group could not realistically construct a dome and minaret that are functional and true to religious custom, Daniel said.

Opponents of the mosque have said, among other things, that the structure would be obtrusive. The faith of future MECCA congregants has nothing to do with their opposition, nearby residents say. They noted that six churches of different denominations peacefully coexist in the neighborhood.

This continues to be a very interesting case: 50-60 feet tall is roughly 5 to 6 stories. This is considerably taller than many suburban buildings (where apartment buildings over a few stories are generally rare) but perhaps more in line with a tall traditional church steeple (though fewer churches desire steeples these days).

This case hinges on new zoning laws regarding religious structures passed by DuPage County in 2011. Here is some of the debate about this zoning change as recorded by the Daily Herald in October 2011:

DuPage officials say the zoning changes are needed because unincorporated residential areas don’t have the infrastructure needed to support new places of assembly. Existing roads, sewers, and septic and well systems weren’t designed for the uses, they argue.

However, DuPage officials dropped a controversial idea to prohibit new places of assembly in residential neighborhoods. The existing proposal allows new places of assembly in residential areas as long as certain requirements are met.

County board member Grant Eckhoff said the goal is to balance the rights of property owners and their neighbors. The proposed regulations give groups the opportunity to seek construction projects while protecting “the essential character” neighborhoods, he said…

The new rules also place greater restrictions on the size of religious buildings. Another suggestion is to prohibit organizations from converting an existing single-family house into a place of worship.

I noted the final 16-0 vote in favor of these limits on religious congregations that took place shortly after the above Daily Herald article. These new regulations seem to be primarily on the side of existing residents as it is the religious group that must prove that their structure does not put a hardship on the neighborhood. In other words, the religious group must have the support of the neighborhood at the very least to get a variance to the regulations approved.

US mosques increased from 1,209 to 2,106 between 2000 and 2011

A new study shows that the number of mosques in the United States increased 74% between 2000 and 2011:

Researchers conducting the national count found a total of 2,106 Islamic centers, compared to 1,209 in 2000 and 962 in 1994. About one-quarter of the centers were built between 2000-2011, as the community faced intense scrutiny by government officials and a suspicious public. In 2010, protest against an Islamic center near ground zero erupted into a national debate over Islam, extremism and religious freedom. Anti-mosque demonstrations spread to Tennessee, California and other states.

While some are pleased as this suggests Muslims feel comfortable enough in the United States to establish religious congregations, I think there are two other interesting things about these findings:

1. The methodology for counting mosques:

The report released Wednesday, “The American Mosque 2011,” is a tally based on mailing lists, websites and interviews with community leaders, and a survey and interviews with 524 mosque leaders. The research is of special interest given the limited scholarship so far on Muslim houses of worship, which include a wide range of religious traditions, nationalities and languages.

Researchers defined a mosque as a Muslim organization that holds Friday congregational prayers called jumah, conducts other Islamic activities and has operational control of its building. Buildings such as hospitals and schools that have space for Friday prayer were not included. Chapters of the Muslim Student Association at colleges and universities were included only if they had space off-campus or had oversight of the building where prayer was held…

The 2011 mosque study is part of the Faith Communities Today partnership, which researches the more than 300,000 houses of worship in the United States. Among the report’s sponsors are the Council on American-Islamic Relations, the Hartford Institute for Religion Research, the Islamic Society of North America and Islamic Circle of North America.

I wonder if other researchers might disagree with this methodology, particularly with how a mosque was defined. This is a reminder that it can be difficult to track or count religious groups because there are no master lists, not everyone is in the phone book, and not everyone has a web site. Additionally, religious congregations can quickly form and disband.

(I assume the researchers talk about this in their report but could the increase in mosques could be related to doing a more comprehensive search this time around?)

2. It is interesting to note where the mosques are located:

The overwhelming majority of mosques are in cities, but the number located in suburbs rose from 16 percent in 2000 to 28 percent in 2011. The Northeast once had the largest number of mosques, but Islamic centers are now concentrated in the South and West, the study found. New York still has the greatest number of Islamic centers — 257 — followed by 246 in California and 166 in Texas. Florida is fourth with 118. The shift follows the general pattern of population movement to the South and West.

I am most interested in the figures about the suburban growth as I have tracked several cases of proposals for mosques in the Chicago suburbs. This article doesn’t say but I wonder if the greater number of suburban mosques is because city mosques have moved from city to suburb (which would mirror the movement of Protestant churches out of the city in the post-World War II suburban boom) or because these are new suburban mosques built in response to a growing suburban Muslim population.

 

DuPage County Board votes 16-0 for new regulations for proposed religious congregations

Amidst a number of proposed mosques in DuPage County (see the latest example just south of Naperville), the DuPage County Board voted unanimously on Wednesday to institute new regulations for religious congregations:

The measure, approved 16-0, came in the wake of five recent applications for new Islamic centers or mosques in residential areas in the county over the last two years. Three of those applications were approved by the board, one near Naperville was rejected, and one near West Chicago is pending. The new regulations would not affect those applications or other existing facilities.

Under the changes, a new place of assembly will be prohibited in a single-family house without a variance granted by the County Board. Variances also will be needed for any facility, regardless of its size, that does not have primary access on an arterial street or is not hooked up to public sewer and water service.

The county originally had considered barring all new places of assembly from unincorporated residential neighborhoods, but the board scaled back on that plan during the committee process. Along with religious houses of worship, the measure applies to other gathering spots, such as lodges for veterans groups.

Several quick thoughts:

1. I’m glad they scaled back their plans. No new religious buildings in unincorporated residential neighborhoods?

2. I wish these articles say how much land this applies to in DuPage County. These regulations cover unincorporated areas in the county, not land that is part of a municipality. Individual municipalities can develop their own zoning regulations.

3. Here is the reasoning behind these new regulations:

Board member Jim Zay, R-Carol Stream, said the measure is necessary to control disruptive changes to neighborhoods.

“What we’re worried about is people’s property rights,” Zay said. “In our district, we have a lot of single-family homes being bought, and the next thing you know, there are 25 cars in the driveway, and (neighbors) are up in arms.”

Translation: “disruptive changes” are bad for property values. In other words, having religious assemblies in houses or veteran’s groups meet in houses would bring down the whole neighborhood.

4. What exactly would the Board say precipitated this move? Why don’t reporters ask the Board members?

When Naperville property switches from proposed church to proposed mosque, opposition emerges

I’ve thought about this scenario before: in an American community, would a proposed church and proposed mosque of roughly the same sizes and impact on the neighborhood encounter the same amount of opposition from neighbors and community members? Here is a case in Naperville that fits this scenario:

For years, HOPE United Church of Christ advertised on its front lawn plans to build a church on 14 acres it owned just southwest of Naperville, and the minister there says he never heard so much as a peep of displeasure.

But those plans fell through, and now that the church wants to sell the property to another religious group, protests have erupted at the Naperville Planning and Zoning Commission. Handmade signs critical of the deal have sprouted on utility poles…

In DuPage County, the Islamic Center is asking Naperville’s Planning and Zoning Commission to recommend annexing the unincorporated Will County land into Naperville. The city surrounds the parcel, and desirable Naperville subdivisions — Tall Grass and Pencross Knoll — are on three sides of the property.

The Islamic Center says it wants to hold gatherings on the property and use the home located there as an office — just as HOPE United has done in the past.

None of the people who publicly addressed the commission about the center’s proposal at Wednesday night’s meeting specifically objected to a mosque.

But more than a dozen said they opposed the annexation and long-term plan to place a religious center on the site.

Fascinating. The complaints from neighbors sound like a lot of typical NIMBY complaints: concerns about traffic, safety due to more kids being in the neighborhood, whether the mosque will be used late at night or at odd times, and the implicit idea that property values might be negatively influenced by this construction.

At the same time, it seems like there is more going on here. One resident would really rather have a trailer park? In Naperville? So a mosque is more problematic than a trailer park? And there are signs being put up to oppose the mosque? This sounds unusual – but also hints at the real reasons mosques are opposed by suburban residents.

I’ll keep watching the situation.

(I’ve been keeping track of several other mosque proposals in the Chicago region. Here are several posts on a proposed mosque in unincorporated Lombard: 9/13/11, 6/29/11, and 1/28/11. In the Lombard case, it appeared the neighborhood was much more welcoming. One survey suggests Americans would be open to a large Buddhist temple nearby but I would guess this question has some social desirability bias and opinions would change if the proposed temple was right near the respondent’s home.)

Lombard mosque approved by DuPage County Board

I’ve been tracking this story in recent months (earlier stories here, here, and here) and it looks like we have a resolution: the DuPage County Board approved plans for a mosque in unincorporated Lombard.

By a 12-4 vote, board members supported revised plans from the Muslim Community Association of Western Suburbs for the Pin Oak Community Center. It will be built just east of Interstate Highway 355, at the southwest corner of Roosevelt Road and Lawler Avenue…

The plan had been controversial because of residents’ objections about traffic down Lawler Avenue into their neighborhood.

But the plan was modified to include an exit onto Roosevelt Road and restrictions on two access drives on Lawler. Also, the association will widen Lawler to three lanes and extend the eastbound lane on Roosevelt Road…

In July, board members deferred their vote on the Pin Oak proposal, but they did deny the group’s plan for a roughly 50-foot-tall dome on the property. The building will not be permitted to exceed 36 feet in height.

It would be interesting to hear the rationale of the 4 board members who voted against this.

The article suggests the controversy about this mosque was due to traffic concerns and the height of the building, typical NIMBY concerns that might be brought up with proposals for any religious structure or any non-religious, non-residential structure. I hope there is a sociologist (or other social scientist) working on testing whether proposals for mosques draw special “NIMBY” attention.

Seeking height variances for DuPage mosques

I’ve been keeping track of several proposals  for mosques in DuPage County (including one near Lombard) that have been working their way through the approval process. One issue has been the height of the buildings. A group looking to build a mosque near Willowbrook is going to seek an exception to existing regulations:

The Muslim Educational and Cultural Center of America is one of two Islamic groups to be denied a height variance request this year by DuPage.

County board members granted MECCA’s request for a conditional-use permit so it can build a roughly 47,000-square-foot mosque along 91st Street near Route 83. But in a separate action, they refused to give the group permission to exceed the height restriction of 36 feet so it could have a 69-foot dome and 79-foot minaret.

Mark Daniel, an Elmhurst-based attorney representing MECCA, said the group has reapplied for a shorter 50-foot dome and 60-foot minaret. A public hearing on the new height variance request is scheduled for November…

Board members who opposed the height variance said MECCA representatives failed to show the denial would result in a legal hardship.

While the lawyer for MECCA suggests that there are plenty of religious buildings nearby over 36 feet, the County says the new rules went into effect in 2005 and have been followed since.

I would guess that the 2005 regulations were put into place because of NIMBY concerns: residents didn’t want large structures dominating the sky near them. Since the steeple seems to be on the way out, perhaps having a tall building now indicates that the structure will be quite large, leading to the typical concerns of traffic and late night crowds. Looking at the Google Map satellite view of the intersection of 91st Street and Route 83, it appears there are a number of nearby residential neighborhoods.

If the County has applied these rules to all religious groups, perhaps MECCA could suggest that the entire regulation be examined. Thirty-six feet tall is roughly 3+ stories, somewhat sizable but not that tall. MECCA’s proposal is for about double that height. Indeed, another Chicago-area organization has suggested the height regulations are unfair:

In the meantime, the Council of Islamic Organizations of Greater Chicago this week issued a statement claiming that legal experts have questioned the method DuPage used to adopt its existing height limit. The council said the “potentially illegally adopted” restriction violates state law and the federal Religious Land Use and Institutionalized Persons Act.

It would be interesting to then hear from these legal experts.

Small Islamic mosque in unincorporated Lombard approved by DuPage County Board

A small mosque for an unincorporated site near Lombard has been approved by the DuPage County Board:

Proclaim Truth Charitable Trust, which currently holds services in Villa Park, won approval to build a one-story, 5,200-square-foot brick and stone mosque on a 1-acre unincorporated site at 1620 S. Highland Avenue.

The board, by a vote of 13-4, endorsed plans for the group’s mosque at the same time that several other zoning applications to construct mosques elsewhere in unincorporated DuPage County have drawn significant opposition from neighbors. Proclaim Truth’s plans attracted minimal public opposition.

However, unlike the other area proposals, which include a recently approved 47,000-square-foot mosque near Willowbrook and a pending proposal for a 43,000-square-foot mosque on the south side of Roosevelt Road just east of Interstate Highway 355 near Lombard, Proclaim Truth plans to build a relatively small worship facility on its 1-acre property on Highland Avenue…

The mosque will have a full-service worship area that will hold no more than 150, along with a classroom for Saturday school, and a men’s and women’s lobby. In addition to the mosque, the group also will construct a 50-space parking lot.

Based on what I have read about this in the Chicago Tribune, here are several things that seemed to be working in this mosque’s favor:

1. When I wrote about this mosque on January 28, 2011, I noted that it sounded like this mosque had “a stronger welcome from residents in the neighborhood” compared to other proposals. This article seconds that idea.

2. The size of this mosque is pretty modest. I would guess this would affect how residential neighbors would view a proposed church, mosque, or other religious center with larger buildings attracting more negative attention.

3. Does it matter that this proposal was approved by DuPage County, which has control over some unincorporated land uses, as opposed to needing approval from a particular municipality? The article suggests other proposals for unincorporated land have drawn more opposition so it sounds like it is more about the neighbors than it is about who grants final approval.

4. Speaking of neighbors, if you look up the site, 1620 South Highland Avenue, Lombard, IL, Google Maps shows two nearby congregations: Chicago Christadelphian Ecclesia and Congregation Etz Chaim. Did the presence of these two groups drive the positive neighborhood response?

Islamic groups in Chicago suburbs discuss zoning, the building of mosques

In the last year or so, several proposals to build mosques in the Chicago region have met with zoning resistance (see this example in unincorporated Lombard). In order to ease some of these issues, several Islamic groups in DuPage County met to discuss how to better present their cases for new religious buildings:

Members of several suburban Islamic organizations heard from experts in land use and zoning law Saturday at a convention designed to help groups work together and understand the process of building new religious institutions…

The event comes as the county board recently reviewed five zoning cases from Muslim communities looking to construct worship spaces in unincorporated areas of DuPage County.

A representative of one such group said fostering relationships with elected officials and keeping the public informed are key to improving a mosque construction plan’s chances of success. Bringing up the possibility of religious prejudice or Isalmophobia, is counterproductive, said Hani Atassi of Muslim Educational and Cultural Center of America, which won approval in March to build a mosque along 91st street near Willowbrook…

Many concerns raised by elected officials and prospective mosque neighbors are legitimate ones about parking, noise, extra light and stormwater management, said Kathleen Foley, a fellow at the Institute for Social Policy and Understanding, who spoke at Saturday’s summit.

“Not all opponents are bigots. Not all of them are driven by fear,” Foley said. “Sometimes parking concerns are just parking concerns.”

The suggestion here is that the zoning resistance is not due to fears of mosques or Muslims but rather is typical suburban NIMBYism. And the answer to dealing with this is to try to improve relations with neighbors so that the new building is not seen as a threat to the neighborhood.

Is there some way to better balance local zoning rules with the interests of religious groups? Mosques are not the only buildings that have had difficulty getting past zoning boards; there was a recent article about churches that have encountered similar difficulties, whether in suburban neighborhoods or downtowns that communities would rather space go to tax-generating commercial space. The larger issue here is suburban NIMBYism that often seems resistant to any changes, let alone the construction of more houses or religious buildings. When we hear that “sometimes parking concerns are just parking concerns,” we should be discussing whether these parking concerns are really justified.

Zoning, churches, and tax bases

Zoning of land can become a contentious issue, particularly when a community sets limits that some community members find restrictive. An article quickly mentions one of these points of contention: when communities make it difficult for churches to be built.

“Churches do not realize the fight they’re in,” Baker said. “If you go into a commercial district, they say you’re wrecking their tax base. If you go into residential, they say you’re disturbing their peace.”

While the issue is not new, Baker said, “The objections to churches obtaining zoning do seem to be heating up under the [economy].”…

In Houston, churches recently raised objections over a proposed drainage fee by city officials. In Mission, Kansas, churches filed a lawsuit after being charged a “transportation utility fee” to help fix roads.

In the case of Burbank, Mayor Harry Klein told the Chicago Tribune, “It’s obvious—every city likes to see their tax base grow, that’s a given.”

An alderman in Evanston, Indiana, raised concerns last year about the impact of “storefront churches” on the tax base and proposed an ordinance requiring special-use permits for houses of worship to operate in all business or commercial districts.

While this article doesn’t give any insights into how common this is, it does suggest that these cases might be more common now in a time of economic crisis. This may be the case as many communities look to close budget shortfalls and churches also have some more purchasing power with reduced real estate prices. Is there any data to suggest these sorts of incidents are now more common?

This article does highlight the goals of local municipalities: generating tax revenue and expanding the tax base. To require fees to pay for roads or sewers are not unusual when commercial or residential property is involved as these fees help offset the infrastructure costs for local communities. Churches do not generate property or sales taxes for a community so they might be considered dead weight. And if a church wants a potentially lucrative property, then the aims of the church and the community are at odds. Zoning is a means by which local communities have some control over land use and therefore can attempt to use zoning rules to regulate everything from the placement of banks to churches to tattoo parlors.

It would also be interesting to compare these sorts of cases with churches to those of mosques (one example here).