New York Case Law & Zoning Board Rulings:
Matter of Town of Islip Zoning Bd. of Appeals v. Casazza (2004)
A crematorium was deemed not an automatic accessory to a funeral home, requiring separate consideration and a special permit.
Court upheld the town’s right to regulate crematories independently due to their environmental and community impact.
Crematoriums Are Legally Distinct from Funeral Homes and Always Require Additional Scrutiny
In Matter of White Plains Rural Cemetery Assn. v. City of White Plains, 178 A.D.3d 969 (2d Dept. 2019), the court ruled that a crematorium was not a natural extension of an existing cemetery and required a use variance, recognizing its distinct environmental, operational, and community impact.
This ruling establishes that crematoriums are not incidental or “by-right” uses—even in districts where associated facilities (cemeteries or funeral homes) are allowed.
Therefore, a standalone pet crematorium in a general business zone—with no cemetery or funeral home—has even less basis for being considered permitted by right.
New York Law: Any Use Not Expressly Permitted Is Prohibited
Courts in New York strictly enforce the principle that zoning codes are limiting documents:
“A zoning ordinance is in derogation of common law property rights and must be strictly construed against the municipality.”
(Matter of Allen v. Adami, 39 N.Y.2d 275, 278 [1976])
If crematoriums (human or pet) are not listed as permitted or special uses in the zone, they are presumed prohibited.
Allowing them through interpretation sets an unlawful precedent of legislative overreach by the ZBA.
Functional Equivalence Doctrine Supports Classification as Prohibited High-Impact Use
Pet crematoriums are functionally indistinguishable from human crematoriums in their use of:
Industrial gas-fired incinerators
High-temperature combustion
Particulate emissions
Regulatory oversight by the NYS DEC
Under the functional equivalence doctrine (Pecoraro v. Bd. of Appeals of Town of Hempstead, 2 N.Y.3d 608 [2004]), zoning interpretations must consider functional use, not merely label.
Therefore, if human cremation is excluded or prohibited, a pet crematorium is legally equivalent and must be treated as such.
Bethel, Connecticut – Clarke Business Park Crematorium Proposal (2018)
Case: Bethel Planning and Zoning Commission's rejection of a crematorium plan
Summary: The Commission denied a crematorium proposal in an industrial park, citing concerns over potential declines in property values and hindrance to the park's development. A judge upheld this decision, affirming the Commission's authority to consider such factors.
Relevance: Demonstrates that zoning authorities can legitimately consider property value impacts when evaluating proposals
Fairlawns Cemetery Assn., Inc. v. Zoning Commission (1952)
Citation: 138 Conn. 434 (1952)
Summary: The Connecticut Supreme Court upheld the denial of a cemetery (analogous in land use impact to a crematorium) due to anticipated substantial decreases in neighboring residential property values and increased traffic hazards.
Relevance: Establishes precedent for denying land uses that could negatively affect property values and neighborhood safety
Ocala, Florida – Marion County Board of County Commissioners (2022)
Case: Denial of Ocala Memorial Gardens Inc.'s crematory proposal
Summary: The Board unanimously denied a crematory permit after residents expressed concerns about health risks and potential declines in property values, especially given the facility's proximity to homes.
Relevance: Illustrates community and zoning authority apprehension regarding crematoriums near residential areas
Michaels v. Zoning Board of Appeals
Summary: In this case, plaintiffs challenged a crematorium proposal, citing emissions and potential property value diminution. While the court found the emissions evidence insufficient, it acknowledged that property value concerns are a valid basis for standing and consideration.
Relevance: Affirms that property value impacts are a legitimate concern in zoning decision
The Impact of Industrial Sites on Residential Property Values
Study: Friso de Vor and Henri L.F. de Groot, "The Impact of Industrial Sites on Residential Property Values: A Hedonic Pricing Analysis from the Netherlands"
Findings: This study found that proximity to industrial sites has a statistically significant negative effect on residential property values. The negative impact is more pronounced within a short distance from the industrial site.