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The BCC is now to consider the proposed LDR amendment ordinance for changes to the places of worship use category and adopt, adopt with modifications, or deny the ordinance at a second (future) public hearing for final adoption. ANALYSIS The current LDRs allow places of worship as a permitted "by right" use in several commercial zoning districts (PRO, OCR, CL, CG, and CH), and as an administrative permit use in the two mobile home districts (RMH-6 and RMH-8) and two multifamily districts (RM -8 and RM -10). Places of worship are currently allowed as a special exception use in all of the agricultural and rural districts, all of the single-family residential districts, and three multi -family residential districts (RM -3, RM -4, and RM - 6). The proposed amendment will change the use classification and the review and approval process for places of worship from a special exception use to an administrative permit use within all of the agricultural and rural districts, all of the single-family residential districts, and three multi -family residential districts (RM -3, RM -4, and RM -6). The result of the proposed changes will allow places of worship as either a permitted use or an administrative permit use in all allowable zoning districts, and will not require special exception use approval for a place of worship in any zoning district. The review and approval process for a permitted use or an administrative permit use applies more objective criteria and is more streamlined than a special exception use, which requires two public hearings. These changes have been proposed at the recommendation of the County Attorney's Office because recent federal caselaw has called into question whether places of worship, which involve First Amendment rights, can be reviewed and approved through special exception processes that involve more subjective criteria such as the general compatibility and no adverse impacts criteria listed in Section 971.05(9) (see Attachment 3). The proposed changes also include a revision to one of the specific land use criteria for places of worship listed in Section 971.28(5) (see Attachment 4). The current LDRs include a locational/traffic criterion that require places of worship to have vehicular access from a major thoroughfare unless otherwise approved by the Public Works Department. This criterion is too subjective because of the clause "unless otherwise approved by the Public Works Department." The revised criterion provides specific, objective standards for the location and/or traffic generated by a place of worship (e.g. number of project trips, project site's road frontage, land use designation, or location within a Planned Development). Applying these new criteria is consistent with the County's practice of allowing places of worship on a local street only if it is a small-scale facility or located within a higher density residential area. Otherwise, under the proposed criteria, a new and larger -scale place of worship will need to be located on a collector or arterial road or within a Planned Development, also consistent with County practice. • Ordinance Adoption Process Since the proposed amendment will change the list of allowable uses in a zoning district, the BCC must consider the subject LDR amendment ordinance at two separate hearings as required by state law (Florida Statutes Chapter 125.66). Under FS 125.66, those hearings must be held at least 10 days apart and one hearing must be held after 5:00 PM unless 4 or 5 BCC members vote to hold the hearings 143 2