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Thread: Religious vs. commercial use

  1. #1
    Cyburbian Tom R's avatar
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    Religious vs. commercial use

    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

  2. #2
    Cyburbian KSharpe's avatar
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    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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    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    Be careful you don't run afoul of RLUIPA in whatever you do....
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    Cyburbian Seabishop's avatar
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    I think it would all be protected unless the church disappears.

  5. #5
    Cyburbian Cardinal's avatar
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    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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