Mt. Paran Area Civic Ass'n v. Cates

Nichols, Chief Justice.

Cates owned a lot and commercial building in the City of Atlanta at the time the zoning ordinance was adopted, zoning the property R-l, single-family residence. As an existing use, it became a nonconforming use under the ordinance and subject to certain restrictions. Section 26.50 of the ordinance provided that no repairs or *192maintenance work could be done which exceeded ten percent of the replacement cost in any twelve consecutive months. Cates applied for a permit to make repairs, which was issued. When it was determined that repairs would exceed the ten percent limit,…