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Land Use Controls RegulationsPlanning_subdivision_environmentalMEDIUM

A property is listed for sale in an area where the comprehensive plan designates future commercial use, but the current zoning is residential. A buyer wants to purchase the property and open a retail store immediately. What should the buyer's agent advise?

Correct Answer

C) The buyer must obtain a rezoning or zoning change before operating a commercial business, because the current zoning controls permitted use

Current zoning, not the comprehensive plan, determines what uses are permitted on a property. While the comprehensive plan indicates the community's long-range vision, the buyer must obtain a rezoning or zoning amendment before operating a commercial business in a residentially zoned area.

Answer Options
A
The comprehensive plan supersedes zoning, so the buyer may open a retail store immediately
B
The buyer should ignore the comprehensive plan because it has no legal effect
C
The buyer must obtain a rezoning or zoning change before operating a commercial business, because the current zoning controls permitted use
D
The buyer should wait until the property automatically rezones to commercial

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Related Topics & Key Terms

Key Terms:

comprehensive_planzoningrezoningland_use_planningland_use_controls

Related Concepts

Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.

Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.

Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.

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