Village of Atlantic Beach changing zoning rules following federal settlement
The zoning rule change stems from a lawsuit filed in July 2022 by Chabad of the Beaches, which alleged the village unfairly denied its application to use a vacant commercial property for a religious facility, according to federal prosecutors.
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The Village of Atlantic Beach must change its zoning rules as part of a settlement with the federal government.
Previously, places of worship in the village were required to obtain a special permit from the village’s Board of Appeals, while non-religious places were not subject to the same requirement.
The zoning rule change stems from a lawsuit filed in July 2022 by Chabad of the Beaches, which alleged the village unfairly denied its application to use a vacant commercial property for a religious facility, according to federal prosecutors.
The suit claimed the village violated the Religious Land Use and Institutionalized Persons Act, known as RLUIPA, as well as constitutional protections.
RLUIPA is a federal law designed to protect religious institutions and individuals from burdensome, unequal or discriminatory land-use regulations. Among its provisions, the law prohibits local governments from treating religious assemblies and institutions less favorably than their non-religious counterparts.
The U.S. Department of Justice sided with the synagogue’s claims.
Under the settlement, the village must amend its zoning code to eliminate the special permit requirement for houses of worship. Prosecutors say religious uses will instead be permitted as-of-right in the village’s Residence District A, which encompasses most properties in Atlantic Beach.
The agreement also requires the village to train officials and employees on RLUIPA requirements and establish procedures for receiving, investigating and resolving complaints.
