Board of Zoning Adjustment v. Murphy

McMurray, Presiding Judge.

Thomas L. Murphy has owned and operated a restaurant in the Virginia-Highland business district of the City of Atlanta for many years. He wanted to move his restaurant to another location in the business district a block away. The new location was occupied by a retail store and required 27 parking spaces under the current Atlanta Zoning Ordinance; but it only had 11 parking spaces. Thus, the premises lacked 16 parking spaces and were non-conforming. However, the premises were legally grandfathered.

The zoning code requires restaurants to have more parking spaces per…