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Church's Application for Special Use Permit Denied

City refuses to allow a church to move into an area zoned for industrial use.

New York

Key Point 7-06.2. Some courts permit local zoning commissions to restrict the location of churches in residential areas.

A New York court affirmed a city's decision to deny a church's application for a special use permit that would have allowed it to relocate to an area of the city that was zoned exclusively for industrial use. A church entered into a contract to purchase property in an area of town that was zoned for industrial uses. The contract contained a contingency clause specifying that the contract was subject to the city issuing a special use permit to the church within 60 days authorizing the use of the property as a church. The city council denied the church's application for a special use permit by a vote of 7 to 0 on the ground that the property was zoned for industrial rather than church purposes. The city zoning ordinance allowed churches in areas that were zoned residential, ...

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  • July 1, 2008

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