By right definition

By right means the ability to be approved without requiring:
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 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.

Examples of By right in a sentence

  • By right for all other uses with a maximum floor area of 6,000 square feet.

  • Definition of Use By Right (Government Code section 65583.2 (i)) By right means the jurisdiction shall not require: • A conditional use permit.• A planned unit development permit.• Other discretionary, local-government review or approval that would constitute a “project” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”).

  • By right clicking on the domain a popup menu is opened which has an option to create a new preference profile.

  • By right and exclusivity, Taste of the Town Event Sponsors provide beverages to be sold at the event.

  • By right, any member of the organization may obtain two thirds of the general members to sign and petition the board to overturn its action.


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 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 Process specified in [SPR SECTION OF TOWN’S ZONING OR
By right means no discretionary review by the
By right means that development of the property may proceed under the established local codes with no need for a variance, special exception or development agreement.