Religious Uses in Nonresidential Districts

The Preferred Status of Religious Uses

More than 50 years ago, the Court of Appeals established that municipalities may not exclude churches from residential areas. In Diocese of Rochester v. Planning Board, 1 NY2d 508, the church challenged the town's denial of a special permit and variance that would have permitted construction of a church in a single-family district. The applicable zoning ordinance permitted churches in the district upon grant of a permit by the planning board. The board, however, rejected the church's application, indicating expressly that it would not grant any permit for a church in a built-up residential area, which would, in effect, have excluded churches from any 'class A' residential district in the town. The Court of Appeals held that a policy excluding churches from residential districts did not promote health, safety, and welfare, and was therefore invalid. The court considered and rejected the planning board's reasons for its policy ' including avoiding change in the character of an existing residential neighborhood, protecting property values, and preventing loss of tax revenue ' and held that none of them was sufficient to support an absolute exclusion of churches.