Somerton mulls zoning amendment to resolve complaint filed by church
SOMERTON — The Somerton City Council is expected to decide next month whether to lift a zoning requirement that a local pastor says unfairly treats churches.
A proposed amendment to the city’s ordinances, due to be presented to the council Oct. 3 for possible adoption, would revoke the requirement that churches get conditional use permits to operate on Main Street.
The proposal was drafted at the recommendation of the U.S. Justice Department in response to a complaint filed by Stephen Henry, pastor of Iglesia Bautista de Somerton, located at 118 W. Main St.
By approving the amendment, the council avoids the risk of violating provisions of the Religious Land Use and Institutionalized Persons Act, a law enacted in 2000 in part to relieve churches of burdensome local zoning laws.
“The amendment that is being proposed only refers to the land use,” said Carmen Juarez, Somerton’s community development director. “If it’s approved, churches
will be able to establish themselves by right on the Main Street corridor without the need for a conditional use permit, which would have to be approved by the city planning and zoning commission.”
In February, the Justice Department’s Civil Rights Division notified City Hall it had launched an investigation into the complaint filed by Henry alleging the city was violating his religious liberty. Henry also contended that the Spanish-language ministry was being treated unfairly, since other property owners along Main Street were not likewise required to get a conditional use permit.
Juarez said an update of city zoning ordinances in 2015 added the conditional use permit requirement for churches and other establishments that potentially could increase the need for parking spaces on the Main Street corridor.
“The intention was never to discriminate or treat them differently, rather to prevent the operation of a church or other organization that brings together a certain number of people from impacting the use of public parking spaces by the other establishments in the area,” she said.
The proposed amendment would change three sections of the zoning ordinances to avoid the risk of possible violation of religious liberty, to ensure equal treatment of religious institutions and nonreligious organizations, and to prevent the unreasonable exclusion of religious organizations from certain areas.
“It’s good that they are removing that obstacle and that we will be treated the same as everyone else,” Henry said. “More churches are needed in Somerton and not fewer.”
Henry opened the church in September 2016 in a rented commercial building on Main Street, between State and Somerton avenues. The building has a capacity for about 40 worshippers.
But the amendment, if approved, would not end Henry’s battle in Somerton Municipal Court with the city, which filed misdemeanor charges accusing him of doing remodeling working at the church without presenting proof of having a contractor’s license.The city also filed a complaint against him with the Registrar of Contractors.
Juarez declined comment on the Municipal Court cases or the complaint with the Registrar of Contractors.
The Registrar of Contractor’s website shows that Henry, owner of Arizona Blue Line Construction, has current licenses to for both air conditioning and refrigeration work and carpentry and remodeling.
In any event, Hentry said, he did no work in the church that would have required him to have a permit or license.
He added, “They aren’t making the ordinance change voluntarily; it’s because the Justice Department is on top of them and they have to do it. The cases the city has against me in court, and the complaint asking the state to take my contractor’s license are proof that they don’t want me there.”
Juarez said that even if the amendment is adopted, the church still must fulfill the requirement to present the city a parking use plan and another for fire prevention and other safety measures.
Henry said the city’s fire department inspected the building for fire risks in November and has yet to notify him of any dangers.