Cape Cod court to decide whether off-site homeless shelter qualifies as ‘religious use’

A Cape Cod town is heading to court over a nuanced zoning dispute inherent to the growing YIGBY movement.  

In July, the Barnstable Zoning Board of Appeals voted to overturn a building commissioner’s decision allowing Catholic Charities of the Diocese of Fall River to move its homeless shelter to a new larger and more accessible location. The board ruled that the church’s homeless shelter did not qualify as a “religious use” and forbade the church from relocating the shelter.

While Barnstable’s zoning bylaws do not specifically permit homeless shelters, Catholic Charities argues that the Dover Amendment, which limits zoning restrictions on buildings with religious or educational uses, applies to the church's shelter, Beth Treffeisen reports for Boston.com.

Faith-based communities are increasingly using their land to build affordable and supportive housing. “YIGBY” — or “Yes in God’s Backyard” — legislation has passed in multiple states, including zoning reforms and capacity-building programs aimed at faith-based organizations. 

Building Commissioner Brian Florence originally approved Catholic Charities’ building permit for the new shelter location, but a neighbor of the proposed location appealed the permit to Barnstable’s Zoning Board of Appeals. The board overturned Florence’s decision after hearing arguments that the location was too close to schools and shouldn't count as a religious use.

Read the full story, below.