DIR2010-00001 • DIRECTOR'S INTERPRETATION
T I GARD
DATE: January 28, 2010
CODE CHAPTER: 18.330.020.B.2.a
TOPIC: May a church have a pre - school as an accessory use by a minor modification
of its conditional use as a religious institution?
LOCATION: Citywide
I. INTRODUCTION
The relevant section of the Community Development Code is stated in Section 18.330.020;
B.) Major modification of approved or existing conditional use:
2.) The Director shall determine that a major modification has resulted if one or more of the
changes listed below have been proposed:
a.) A change in land use;
Section 18.120, "Definitions ", does not define accessory use. Section 18.130 "Use Classification"
distinguishes between religious institution and institutional daycare (pre - school). When the two uses
are proposed on the same premises there is a question whether one use can be considered accessory
to the other.
II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION
1) Accessory use is not defined in the Development Code Section 18.120.
2) There are no guidelines for determining if the application of accessory use to a conditional use
would require a major modification or a minor modification review.
III. ANALYSIS
A pre - school (institutional daycare) on the premises of a church usually occupies Sunday school
classrooms or other rooms that are part of the normal accessory spaces of the church. Churches
normally have more than enough parking for pre- school use, as the peak hours of use do not
coincide. Numerous churches in the community operate daycare services under the auspices of their
religious mission.
It is reasonable that a church or religious oriented pre - school can be considered an extension of a
church's youth ministry and an outreach to attract new adult members to the church. Daycare
service would contribute to the comfort and convenience of the church parishioners by providing
day care for their children.
ai
Director's Interpretation Accessory Use to Church 012810 Page 1
IV. INTERPRETATION
Institutional daycare (pre- school) on church premises may be considered an accessory use and not a
change of use. It may be reviewed as a minor modification of a conditional use if the following
criteria are satisfied: [
1) The daycare program is subordinate to the principal use of the church;
2) The daycare proper is located on the same lot or premises as the church;
3) The daycare is subordinate in area to the principal building and use of the church;
4) The daycare program was created by the governing body of the church and funded and
operated by the church; and
5) The governing body of the church determined the curriculum.
-
Ronald B. Bunch, Community Development Director
Director's Interpretation Accessory Use to Church 012810 Page 2
DATE: 1/28/2010
CODE SECTIONS: 18.330.020.B.2.a
TOPIC:: May a Church have a Pre - School as an Accessory Use by a Minor Modification of its
Conditional Use as a Religious Institution?
INTERPRETATION: I. INTRODUCTION
The relevant section of the Community Development Code is stated in Section 18.330.020;
B.). Major modification of approved or existing conditional use:
2.) The Director shall determine that a major modification has resulted if one or more
of the changes listed below have been proposed:
a.) A change in land use;
Section 18.120, "Definitions ", does not define accessory use. Section 18.130 "Use
Classification" distinguishes between religious institution and institutional daycare (pre-
school). When the two uses are proposed on the same premises there is a question
whether one use can be considered accessory to the other.
II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION
1) Accessory use is not defined in the Development Code Section 18.120.
2) There are no guidelines for determining if the application of accessory use to a
conditional use would require a major modification or a minor modification review.
III. ANALYSIS
A pre - school (institutional daycare) on the premises of a church usually occupies Sunday
school classrooms or other rooms that are part of the normal accessory spaces of the
church. Churches normally have more than enough parking for pre - school use, as the
peak hours of use do not coincide. Numerous churches in the community operate daycare
services under the auspices of their religious mission.
It is reasonable that a church or religious oriented pre - school can be considered an
extension of a church's youth ministry and an outreach to attract new adult members to the
church. Daycare service would contribute to the comfort and convenience of the church
parishioners by providing day care for their children.
IV. INTERPRETATION
Institutional daycare (pre - school) on church premises may be considered an accessory
use and not a change of use. It may be reviewed as a minor modification of a conditional
use if the following criteria are satisfied: [
1) The daycare program is subordinate to the principal use of the church;
2) The daycare proper is located on the same lot or premises as the church;
3) The daycare is subordinate in area to the principal building and use of the church;
4) The daycare program was created by the governing body of the church and funded and
operated by the church; and
5) The governing body of the church determined the curriculum.
Ronald B. Bunch, Community Development Director
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