Is A Homeless Shelter A "Church" In Zoning Code?

In Lexington, Kentucky on Friday, a lawsuit was filed in state circuit court by Emmanuel Apostolic Church and the Catholic Action Center challenging the city Board of Adjustment's vote last month to revoke their conditional use permit under which they are operating the Community Inn as a homeless shelter. The city wants to move the shelter after reports of loitering, panhandling and residents urinating in public. As reported by the Lexington Herald-Leader, under the Lexington Fayette County Urban Zoning Ordinance, Art. 8, "churches" may be granted a conditional use permit to use property in areas zoned B-4 (wholesale and warehouse use). The city said that during the permitting process they assumed that the building would be used as a traditional church. Only days before it opened did neighbors realize that the Community Inn would house up to 75 homeless men overnight. The shelter also provides several Bible courses during the week and traditional religious services on Saturday mornings. The lawsuit raises the question of the proper definition of "church" under the city's zoning laws. One of the pastors involved argues: "Wherever the will of the Lord is being done, that's a church."