By-right. : Allowing ADUs by right means that anyone who complies with the existing regulations may build an ADU. An application may still be involved, but it is subject to purely ministerial approval (AARP – Expanding
By-right means the ability to be approved without requiring:
By-right designation means that if the project has 20 percent of the units affordable to lower income households, that it does not require any discretionary action such as a conditional use permit. Currently, there are no provisions for “by right” affordable housing in the Zoning Ordinance, and any multiple family development of more than 40 units requires a conditional use permit. The proposed by right action does not suspend the other requirements of the Zoning Ordinance or Municipal Code. Projects will still be subject to the Site Plan Review process, development standards, and any discretionary actions related to parcel maps and/or subdivisions needed to achieve the proposed project.
More Definitions of By-right
By-right means a zoning permitting process wherein development may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. [By-right permitting shall include a Site Plan Review (SPR) Process specified in [SPR SECTION OF TOWN’S ZONING OR OTHER LAND USE CONTROL BYLAW], through which the [SPR AUTHORITY] may add reasonable conditions to the site plan but cannot deny the development to proceed.]
By-right means no public review process required for new shelters
By-right means, a “local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of [CEQA].” See CAL. PUB. RES. CODE § 65583.2.
By-right means a local jurisdiction may not require a conditional use permit, a planned unit development permit or other discretionary local review that would constitute a “project”, or any review that would trigger CEQA review. The review and approval process must remain ministerial. Design review, in the discretionary manner it is conducted in Marin County, would not be allowed. The following is an excerpt of Government Code Section 65583.2(h) (underline added for emphasis):
By-right means that there is no public hearing required and service providers can move in by obtaining a City of Antioch Business License and a Building Permit, if required for tenant improvements, signage, etc. The use will still be required to comply with the operational requirements of:
By-right means no discretionary review by the
By-right or “as of right”, means that development may proceed under a zoning ordinance or by-law without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. As of right development may be subject to site plan review under section 9D this chapter.