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Planner flags legal, safety questions as Divine Healing operates group homes without full approvals
Summary
Staff reported two rental properties leased to Divine Healing that do not meet setback or zoning requirements; legal counsel outlined federal religious-land-use constraints and commissioners discussed enforcement and possible conditions.
Planning staff told Madison County officials that two homes leased by Divine Healing Ministries on property owned by Matthew Payne are operating as sober-living/group homes and that at least one structure fails county setback rules, with deficits of 21.6 feet and 33 feet at two property lines.
Planner (S5) said the county learned in 2024 that Divine Healing had begun leasing the homes and operating them as group homes after complaints in August about harassment, trespassing and theft. S5 said one building will need a variance because it cannot be moved to meet the county’s 50-foot setback requirement.
Keegan Boswell, identified in planner remarks as Divine Healing’s director, told staff he had discussed the project verbally with a prior zoning director but that no written documentation exists. Attorney/agency official (S1) said lack of documentation limits the county’s ability to accept a prior assurance as controlling and reviewed federal law affecting religious institutions: "religious exercise is not subject to enforcement of a land use regulation including its own ordinance" if the regulation imposes a substantial burden, unless the county shows a compelling interest and uses the least restrictive means.
Commissioners debated options, including denying the applications, requiring formal conditional-use or rezoning procedures, or the county taking a position of non-enforcement for religious exercise while seeking clearer guidance. Several commissioners expressed concern about neighborhood effects if the houses remain and whether the organization is licensed or certified.
Planner (S5) said that if the group homes are not approved to remain, they would have to stop using the properties for that purpose. Legal counsel recommended staff prepare follow-up legal analysis and discuss possible conditions the county could impose if approvals proceed.
Next steps: staff will consult with counsel and contact the applicant’s attorney, Dylan Wilbanks, to determine whether the applicant would withdraw pending applications if the county indicated the properties fall under a permitted religious use.
