The city of Sedona’s Land Development Code includes just about everything from A to Z. But a recent issue brought to light something that was not included in the document.
Recently, the United Methodist Church had been allowing the use of its parking lot at the corner of State Route 179 and Indian Cliffs Drive. It was being utilized primarily by those seeking parking for nearby trailheads, specifically CathedralRock Trail off of Back O’ Beyond. The church had placed a donation box on site with funds being donated to the Red Rock TrailFund, a 501(c)(3) nonprofit that maintains local trails.
However, after receiving complaints from nearby residents of both Indian Cliffs and the Back O’ Beyond subdivisions, the church received a letter from the city stating that use for overflow trailhead parking on its lot had to cease.
This resulted in the city adding an amendment to the LDC to address this issue, which was discussed and approved by the Sedona City Council on Tuesday, June 8.
According to Senior Planner Mike Raber, city staff had originally proposed that a church could use its parking as an “accessory use” for spillover trailhead parking. This would mean that any church could do this without any further review. However, following community push back, the commission recommended that a Conditional Use Permit be required instead, so that if a church wanted to use its lot for trailhead parking, it would need to apply for a CUP, which includes a staff review and public hearing with the Planning and Zoning Commission.
The new subsection would allow consideration, through a Conditional Use Permit, to provide parking facilities for non-residential uses [such as churches] in residential zones to be used as overflow parking for trailheads as long as parking areas are not being expanded for that purpose.
Additional requirements could include:
■ Restroom facilities
■ Traffic control plan and signage
■ Management of trash pickup
■ Hours of operation
■ Evaluation of shuttle
■ Other conditions to mitigate impacts on residential area
The question was raised as to whether or not churches could charge for the parking or even have a donation box based on their nonprofit status and whether or not a business license would be required to do so.
The following day, City Attorney Kurt Christianson said if this were to occur, it would be handled on a case-by-case basis and depend upon what’s being proposed. City code requires a business license for operating a business. Business “means all activities or acts, personal or corporate, engaged in by any person or entity — or agent or employee of such person or entity — conducted for the purpose of apparent gain, benefit or advantage, either direct or indirect.”
However, Christianson said the code allows exemptions for religious institutions engaged solely as a place of worship as well as nonprofit organizations that have obtained 501(c)(3) status, or activities carried on wholly for the benefit of charitable, municipal or public purposes from which profit is not derived, either directly or indirectly.
