Land Use & ZoningIntermediateCalifornia Exam

A developer proposes a mixed-use project combining retail on the ground floor and residential units above in a zone that only permits single-use development. The developer should apply for:

AA variance from height requirements, as typically applied by local planning authorities
BA rezoning or a planned unit development approvalCorrect
CA nonconforming use certificate, consistent with standard land use regulation
DAn inverse condemnation action, per standard municipal zoning practice

Why A rezoning or a planned unit development approval Is Correct

Answer B: A rezoning or a planned unit development approval

When a proposed project does not fit the existing zoning, the developer can seek a rezoning, a PUD approval, or sometimes a conditional use permit, depending on local ordinances. A variance addresses hardship related to dimensional standards, not the type of permitted use.

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