Conversion Center, Inc. v. Zoning Board of Adjustment
Conversion Center, Inc. v. Zoning Board of Adjustment
Opinion of the Court
Opinion by
This zoning case has had a long, tortuous and somewhat mysterious history.
In 1961, the appellant, the Conversion Center, Inc., a non-profit corporation founded for religious purposes, purchased a house and lot at 5840 Overbrook Avenue, Philadelphia. The ground floor of the house, built at the turn of the century, was thereafter used as a place of worship by two fundamentalist religious groups, one affiliated with the appellant and another not so affiliated. Worship services were held on Wednesdays, Fridays and Sundays. Rooms on the second and third floors of the large dwelling accommodated missionaries passing through Philadelphia and some office work was conducted on the premises by the affiliated church.
In 1965, the appellant was advised by the city zoning authorities that its use of the property was unlawful because it had not applied for and received a use registration permit.
At neither hearing before the Board was the testimony of the appellant’s witness, the Reverend Mr. Dunlap, rebutted, contradicted or disputed in any respect. The Board’s finding at the first hearing that the property was used as a church and convent, clearly supported in the testimony, was given further support at the second. The facts are that since 1961 two groups of persons have been using this house as a place at which to worship Cod according to their fashion. As for the Board’s supplemental finding that this was a conversion center rather than a church, there is nothing in the record descriptive of a conversion center nor is there evidence of any activity carried on at the property which would constitute such a use, however defined. Appellant’s use of its property comports with any conceivable definition of a church or other place of worship.
Order reversed.
Section 14-7702(5) of Philadelphia Code of Ordinances provides: “A nse registration permit shall be required for every new use commenced on any land or in any structure except for use as a single family dwelling or place of worship.” (Emphasis supplied.)
The deficiency in side yard resulted from the presence of a porte-cochere which appellant offered at a Board of Adjustment hearing to remove if required. Section 14-104(1) of the City Codé provides that nonconforming structures antedating the Zoning Code, which this clearly does, are permitted to remain.
That these standards should be applied to an ordinance of a city founded by William Penn is anomalous indeed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.