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A commercial project is located in a C-2 zoning district that allows a maximum building height of 45 feet. The architect's plans show a building height of 52 feet. What approval is required before construction can begin?

Correct Answer

C) Variance or rezoning approval

Since the proposed building exceeds the maximum height allowed in the C-2 district, either a variance from the zoning board or rezoning to a district that allows greater height would be required before a building permit can be issued.

Answer Options
A
Building permit modification
B
Environmental impact assessment
C
Variance or rezoning approval
D
Fire department clearance

Why This Is the Correct Answer

When a proposed building exceeds the maximum height allowed by zoning regulations, the project cannot proceed without proper zoning relief. Since the building is 52 feet in a district allowing only 45 feet, either a variance (for minor deviations) or rezoning to a district permitting greater height is required. This zoning approval must be obtained before any building permits can be issued, as building permits cannot be granted for projects that violate zoning ordinances.

Why the Other Options Are Wrong

Option A: Building permit modification

A building permit modification cannot override zoning height restrictions. Building permits must comply with existing zoning laws, so modifying the permit application won't resolve the fundamental zoning violation of exceeding the 45-foot height limit.

Option B: Environmental impact assessment

Environmental impact assessments evaluate environmental effects of development but don't address zoning compliance issues. The height restriction is a zoning matter, not an environmental concern, so an environmental assessment won't resolve the zoning violation.

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