A contractor needs to build a medical office building on a lot currently zoned for residential use. What must be obtained before applying for a building permit?
Correct Answer
B) Zoning variance or rezoning approval
A zoning variance or rezoning approval must be obtained to allow commercial use on residentially zoned property. Building permits cannot be issued for uses that don't comply with current zoning regulations.
Why This Is the Correct Answer
Zoning regulations control what types of uses are permitted on specific properties. Since the lot is currently zoned residential and a medical office building is a commercial use, the zoning must be changed through either a variance (minor deviation) or rezoning (complete change) before any building permits can be issued. Building departments cannot issue permits for uses that violate current zoning ordinances, making this the mandatory first step in the development process.
Why the Other Options Are Wrong
Option A: Environmental impact study
While an environmental impact study may be required for some developments, it is not the primary prerequisite for changing from residential to commercial use. The zoning issue must be resolved first before other studies are typically required.
Option C: State health department approval
State health department approval may be needed for medical facilities, but this comes after zoning compliance is established. You cannot get operational approvals for a use that isn't even permitted by zoning.
Option D: Traffic impact analysis
A traffic impact analysis might be required during the development review process, but it's secondary to establishing the legal right to use the property for commercial purposes through proper zoning.
Memory Technique
Think 'Zone Before You Build' - zoning approval must come before any building permits can be issued for non-conforming uses.
Reference Hint
Florida Building Code Chapter 1 - Scope and Administration, or local zoning ordinance sections in reference materials
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