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Is a Crematory a Funeral Home?
Posted by Atty. Harvey I. Lapin on August 1, 2014
When the author started his practice there were very few crematories located in funeral homes. In fact, there were laws in some states that provided a crematory could only be located in a cemetery. Today there are a substantial number of crematory retorts located in funeral homes or in facilities owned and operated by funeral directors.
Recently a Pennsylvania Court dealt with the issue of whether a crematory fell within the definition of a funeral home under a zoning ordinance. The title of the case is Galzerano v. Zoning Hearing Board of Tullytown Borough, 2014 WL 2440700 (Pa. Cmwith).
Galzerano, who operated other crematories, leased a facility in a light industrial area for the establishment of a crematory operation that would be operated in conjunction with his funeral home. The funeral home was located in a different area. The zoning ordinance provided that a funeral home could be established in the area, but did not provide for the operation of a crematory.
It was therefore necessary to apply for the approval of the local Zoning Board. Galzerano testified at the hearing and responded to a question about funeral services being held by indicating that some religious groups would hold funeral services in connection with the cremation of their love one.
The Hearing Board determined that a crematory would only be allowed under the Zoning Ordinance if it were an accessory to a funeral home. Since this was a stand-alone crematory, the application for a permit was denied. Galzerano filed an action against the Hearing Board appealing its decision in a trial court that ruled in favor of the Hearing Board. On appeal the trial court’s decision was affirmed.
The Appeal Court stated that interpreting a Zoning Ordinance was a matter of law and that great weight would be given to a Hearing Board’s interpretation of a Zoning Ordinance under the Hearing Board’s administration. The Appeal Court reviewed the law and cited the definition of “funeral home” in Webster’s Dictionary in reaching its conclusion that a stand-alone crematory was not a “funeral home.”
This probably was an expensive project with a poor result. The case demonstrates how important it is to investigate the requirements carefully before proceeding with the establishment of a crematory or even a funeral home.
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