Madison County planning panel recommends treating two sober‑living homes as permitted religious facilities amid neighbor objections

The Madison County Planning & Zoning Commission voted to recommend that two existing sober‑living homes associated with Divine Healing be treated as customary, religious‑related facilities under county ordinance 7.3.0.1.11 and forwarded that recommendation to the county Board of Commissioners for its meeting on Aug. 3.

The applications, submitted by applicant Dylan Wilbanks on behalf of property owner Matthew Payne, sought rezones, conditional‑use approvals and a setback variance to regularize two properties being used since 2023 for a faith‑based residential recovery program. The applicant and his attorney told the commission the homes are intended as structured, residential recovery facilities and argued that the AR (agricultural‑residential) zoning already permits religious institutions and customary related facilities. The applicant’s representative cited ordinance 7.3.0.1.11 and a 2024 U.S. Department of Justice memorandum as legal context.

Supporters — including pastors and church staff — described weekly mentoring, meal programs and personal recoveries connected to the houses. Pastor Dave Strode said the program has "seen lives changed" and urged the commission to "work with them and allow these petitions". Cole Parker, campus pastor at Southside Church, said he had seen program participants get clean and rebuild their lives and urged approval.

Neighbors opposed the change, describing what they called years of problems at the properties. Greg Shiller, whose family property is immediately west of Mr. Payne’s land, told the commission he had heard reports of trespassing, late‑night ATVs, liquor bottles found near the road and other disturbances and said the county should not ‘‘bear the cost’’ of past administrative mistakes. Other neighbors said increased traffic, the proximity of Furnace Creek, and existing septic systems raised safety and environmental concerns.

In response, the applicant’s attorney said some anecdotes (for example, feed trucks) were unrelated to Divine Healing’s operation and reiterated that the county code’s customary‑facility provision could apply. The attorney also said the program offers an "alternative to incarceration" and emphasized compliance efforts, including an ongoing certification process the attorney described as months from completion.

After commissioners discussed whether the properties fit the ordinance’s customary‑facility language and reviewed federal religious‑use protections, Commissioner Lee Mitchell (motioning) proposed that the commission find the use permitted under 7.3.0.1.11 and that an internal setback variance was unnecessary because the parcels share a common owner and interior lot line. The motion passed; the commission will present its recommendation to the Board of Commissioners on Aug. 3.

The commission’s action is a recommendation only; the Board of Commissioners will make the final decision. The chair urged both supporters and opponents to attend the Aug. 3 meeting to make their arguments to the board.