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Unpredictable Zoning Rules Create Uncertainty for Funeral Home Owners

The South Boston Planning Commission and South Boston Town Council recently voted to amend its zoning ordinances to add funeral homes to the list of commercial uses permitted “by right” in certain zoning classes.  This amendment has allowed Brooks Lyons Funeral Home, which was already operating on South Main Street, to expand to property on the other side of Broad Street.  This expansion was vital to keep the business growing, especially given that the business was landlocked in its current location (where the zoning amendment would not have been necessary).

In a recent post, Danger Zoning: Denial of Crematory Plans by Local Planning and Zoning Commissions, I wrote about zoning commissions denying plans to establish crematories in certain areas on the basis of public opposition, mostly based on emissions concerns.  However, when the plan is for a funeral home, rather than a crematory, those emissions concerns disappear.  Accordingly, it seems that towns and zoning ordinances are more likely to permit variances or to amend zoning ordinances to allow funeral homes to operate in the absence of those concerns.  In fact, in a story referenced in my previous post, the proponent of the zoning variance planned to continue with the funeral home portion of the plan, despite the zoning commission having denied the crematory plan.

While this story does seem to help the argument that getting approval for funeral homes is easier than for crematories, many times these owners must still seek a variance or an amendment to a zoning code before placing a funeral home in a given zoning district, even for a district already zoned for commercial uses.

Part of the problem with these ordinances is that they sometimes rely on enumerated lists of what businesses are permitted, rather than broader categories.  This means that if a city council happens to leave funeral home off of the list, then owners are forced to go through the time and expense of seeking an amendment, like Brooks Lyons Funeral Home did in South Boston, before it can proceed.  

It also means that funeral home owners are completely dependent on zoning commissions to decide whether to allow a funeral home, and, as seen with crematories, zoning commissions can be heavily swayed by public opinion, regardless of whether that opinion is rational.  Had the zoning commission and town council in South Boston voted against the funeral home, on the basis of public opinion or otherwise, Brooks Lyons would have had little or no realistic way to expand its business and continue to provide valuable services to the surrounding community.

It boils down to this, even when people stigmatize services like funeral homes or don’t want them around, eventually, we all need one.  These businesses serve the community just like any other goods and services provider.

Donald Morgan

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