Land Use & Zoning
A Minnesota city's zoning code allows 'adult entertainment' uses only in areas zoned Industrial. A business owner wants to open an adult bookstore in a Commercial zone. They would need:
ANo approval since commercial zones allow all retail
BA variance from the Industrial zone requirement
CA conditional use permit for adult entertainment in Commercial zones
DRezoning of the parcel to Industrial✓ Correct
Explanation
If the zoning code restricts adult entertainment to Industrial zones, the business cannot locate in a Commercial zone without rezoning (or possibly a conditional use permit if the code provides for it). Variances are for dimensional standards, not for allowing uses in wrong zones. Courts have upheld municipal authority to regulate adult entertainment locations as long as alternative sites are available.
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