A property owner in a California city wants to construct an office building on a commercially zoned parcel. Before breaking ground, what zoning-related approval, if any, must the owner obtain?
Correct Answer
B) No zoning approval beyond a standard building permit, provided the proposed use conforms to the applicable zoning designation
Under California Government Code §65850, local governments regulate land use through zoning ordinances that designate permitted (by-right) uses for each zone. When a proposed use is listed as a permitted use in the applicable zoning designation, the owner has a right to proceed without discretionary zoning approval. A standard building permit — which reviews compliance with building codes and site standards — is all that is required. No variance, conditional use permit, or special exception is needed because the use already conforms to the zoning.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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