Dana S. Bray and William L. Feeley v. Zoning Board Adjustment and Somerton Civic Association. City Philadelphia

The City of Philadelphia has brought this zoning appeal from a decision of the Court of Common Pleas of Philadelphia County which reversed the Philadelphia Zoning Board of Adjustments denial of an application to establish a roller-skating rink in an Area Shopping Center District under Section 14-309(2)(j) of the Philadelphia Zoning Code (code). That section allows, by board certificate, a "use of the same general character" as the uses absolutely permitted in that district. There is no dispute that a roller rink, as a kind of use, falls properly within that threshold definition.