XYZ Corp owns a parcel of land located in a city's residential zoning district, which permits single-family homes and prohibits commercial establishments. XYZ Corp intends to construct a small retail store on the property. What is the most appropriate action for XYZ Corp to take to lawfully proceed with their plans?
Apply for a zoning variance to allow the commercial use in the residential district.
Petition the city to rezone the single parcel for commercial use.
Proceed with the construction as the property owner has the right to use the land as they see fit.
Wait for the zoning laws to change to permit commercial establishments in residential districts.
Applying for a zoning variance is the correct course of action. A zoning variance is an administrative approval that allows a property owner to use the land in a way that deviates from the zoning ordinance, typically upon a showing of unnecessary hardship. Proceeding without permission violates zoning laws. Petitioning to rezone a single parcel is a legislative act that can be difficult to obtain and may be considered illegal 'spot zoning.' Waiting for the zoning laws to change is impractical and offers no guarantee.
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Multistate Bar Examination
Real Property
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