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Property Ownership Land Use ControlsLand_use_and_zoningEASY

In California, a property is zoned R-2 (two-family residential). The owner wants to open a small retail shop on the ground floor. The zoning ordinance does not permit retail in R-2 zones. The owner should apply for:

Correct Answer

B) A zone change (rezone) to convert the property from R-2 to commercial

Since the zoning ordinance does not permit retail in R-2 zones (not even as a conditional use), the owner would need to apply for a zone change (rezone) to a commercial designation. A rezone is a legislative action by the local governing body that amends the zoning map to change the permitted uses for a property or area.

Answer Options
A
A conditional use permit (CUP), if the zoning ordinance allows retail as a conditional use in R-2
B
A zone change (rezone) to convert the property from R-2 to commercial
C
A building permit, which automatically overrides the zoning restriction
D
A variance, because the property has unique physical characteristics

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Related Topics & Key Terms

Key Terms:

rezonezone_changepermitted_useconditional_use

Related Concepts

A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.

A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

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