City Cannot Bar Charter School From Commercial Zone

Friday, May 25, 2018 9:57 am
June 2018 - Volume 46 Number 6

The New York Supreme Court Appellate Division (3rd Dept.) has ruled a city ordinance excluding schools from commercial zones is unconstitutional.

Facts: Albany Preparatory Charter School owns a building in Albany that for 70 years before its conversion to commercial office space was a public school. Albany Prep wants to convert the property back to a school and build an addition. The property is located on a split-zoned lot, half in the C-1 neighborhood commercial zone and half in the C-2 highway commercial zone.

Schools are not listed as an of-right or special permit use in either district. The school’s conversion application was rejected. It appealed to the board of zoning appeals for a use variance, area variances and a parking lot permit. The board denied the variance requests.

Albany Prep sued, seeking a de[..]