City of Atlanta v. Awtry Lowndes Co.

1. Under the zoning ordinance of the City of Atlanta, undertaking establishments, together with other business and uses enumerated as Class U-7, may, under § 93-210 of the Code of the City of Atlanta, be located in any use district; provided such use in such location will in the judgment of the Board of Zoning Appeals substantially serve the public convenience and welfare, and will not substantially and permanently injure the appropriate use of the neighboring property. McCord v. Ed Bond Condon Co., 175 Ga. 667 (165 S.E. 590, 86 A.L.R. 703).

2. Where, under the terms of a city code, a…