A property is zoned R-2 (Medium Density Residential) but the client wants to build a small retail store. What must be obtained before construction can begin?
Correct Answer
A) Variance or rezoning approval
Commercial use in a residential zone requires either a variance or rezoning approval from the local planning and zoning authority before any permits can be issued.
Why This Is the Correct Answer
When a property owner wants to use land for a purpose not permitted under current zoning (commercial retail in R-2 residential zone), they must obtain either a variance for minor deviations or rezoning approval for major changes before any construction permits can be issued. This is a fundamental requirement in zoning law that ensures proper land use planning and community development standards are maintained.
Why the Other Options Are Wrong
Option B: Special exception permit
A special exception permit is used when a use is specifically listed as allowable under certain conditions in the zoning code. Since retail stores are typically not permitted uses in R-2 residential zones, even with conditions, a special exception would not be the appropriate remedy for this non-conforming use request.
Option C: Building permit only
A building permit cannot be issued for construction that violates zoning regulations. The building department will not approve permits for uses that don't comply with the current zoning designation. The zoning issue must be resolved first through variance or rezoning before any building permits can be obtained.
Option D: Certificate of Occupancy
A Certificate of Occupancy is issued after construction is completed and inspected, not before construction begins. It certifies that the building complies with codes and is safe for occupancy. The zoning compliance issue must be resolved at the planning stage, not at the end of construction.
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