When does a church ancillary function (Day care, banquet hall, school etc.) become a commercial enterprise and not fall under the protective mantle of religious uses?
When does a church ancillary function (Day care, banquet hall, school etc.) become a commercial enterprise and not fall under the protective mantle of religious uses?
WALSTIB
I think you have to consider "principal" versus "accessory". When an accessory use is really no longer accessory- it dominates the property- I think you could make the argument it's now a commercial enterprise.
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Be careful you don't run afoul of RLUIPA in whatever you do....
"Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund
I think it would all be protected unless the church disappears.
One of the issues to examine is who is running the use. If the church is operating its own day care center then it likely falls under "religious use." On the other hand, if it is leasing space to a person or company that operates the center, then the claim is a little more tenuous.
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