Land Use & Zoning

A Minnesota city's zoning ordinance requires that commercial uses be at least 500 feet from residential zones. A new convenience store wants to locate 400 feet from a residential neighborhood. They would need:

AA building permit only
BA variance or conditional use permit from the city✓ Correct
CState Department of Commerce approval
DFederal EPA clearance

Explanation

Locating a commercial use closer to a residential zone than the ordinance permits requires either a variance (if the distance requirement is a dimensional standard) or a conditional use permit (if the ordinance allows waivers of the separation requirement through the CUP process). The applicant must meet the applicable standards for the relief requested.

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