
DOJ Settlement Requires Atlantic Beach to Change Zoning Rules Following Chabad Lawsuit
The Village of Atlantic Beach has agreed to revise its zoning regulations after the U.S. Department of Justice raised concerns that religious institutions were being treated differently from comparable secular establishments.
The agreement resolves a federal case involving Chabad of the Beaches, which challenged the village after its application to convert a vacant commercial property into a religious facility was denied.
According to the Justice Department, Atlantic Beach required religious and educational assembly spaces to obtain special approval from its Board of Appeals, while similar nonreligious venues were not subject to the same requirement. Federal officials said the policy raised concerns under the Religious Land Use and Institutionalized Persons Act, a law designed to protect religious organizations from discriminatory zoning restrictions.
Under the settlement, the village must amend its zoning code to remove the special-exception requirement for houses of worship. It will also be required to train municipal officials and employees on the federal law and establish a process for receiving and addressing complaints alleging violations.
Assistant Attorney General for Civil Rights Harmeet Dhillon emphasized that local governments must apply land-use rules fairly to religious institutions, including synagogues, churches and mosques.
The agreement marks a resolution to the dispute and requires Atlantic Beach to change how its zoning regulations apply to houses of worship going forward.