Land Use & Zoning
A Minnesota developer wants to build a mixed-use development with retail on the ground floor and apartments above. The property is currently zoned single-family residential. What must the developer do first?
ABegin construction since mixed-use is always allowed
BApply for a building permit from the city
CApply for rezoning or a conditional use permit✓ Correct
DGet state approval from the Minnesota Department of Commerce
Explanation
Developing property in a manner not permitted by current zoning requires either rezoning (changing the zoning classification) or, in some cases, a conditional use permit (if mixed-use is an allowed conditional use in the current or adjacent zone). Building permits cannot be issued for uses that don't comply with current zoning.
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