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.