Q: How does a religious retreat center with lodging for 25 overnight guests fit into the definitio of "religious structure?
We are interested to include a religious retreat center under the use of a "religious structure" in a rural area that is zoned residential. Religious structures are allowed as a non-conforming use within this residential zoning with a site plan. The zoning of the town defines it as follows: Religious Use: A building, area of land, or portion thereof, used for religious public assembly including a church, synagogue, or other place of religious worship. Accessory uses associated with the religious institution such as religious schools, parish houses, convent, recreational facilities, accessory parking areas and day care facilities shall also be considered a religious use. Is there a precedent or flexibility under the law or this definition to have a retreat center with lodging area and dining + kitchen areas considered as accessory to a religious structure, or does "religious structures" simply mean the assembly areas? If not, then under what type of use will we need to apply?
A: If you're using the retreat for regular worship, you might be able to have it considered as a religious structure. A review of your organization, its uses of the building, and the law are required. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
