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Winchester council approves zoning amendment defining humanitarian service facilities after constitutional concerns raised
Summary
The council approved O.2025-4 (TA‑25‑7), a zoning text amendment to define “humanitarian service facilities” and create rules for charitable provision centers after a public hearing and council discussion that included constitutional concerns raised by the Institute for Justice.
Winchester City Council approved a zoning text amendment on second reading Tuesday that adds definitions and performance standards for “humanitarian service facilities” and establishes where charitable provision centers are permitted.
The measure, O.2025‑4 (TA‑25‑7), was the subject of a public hearing during which Diana Simpson, senior attorney at the Institute for Justice in Arlington, Virginia, told the council she believes parts of the draft ordinance raise constitutional concerns under the Equal Protection Clause and cited the U.S. Supreme Court precedent City of Cleburne v. Cleburne Living Center.
Simpson said the ordinance’s conditional‑use‑permit requirement for some humanitarian service facilities and charitable provision centers could treat similar land uses…
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