Civic · 6 pages · 12 min

Why a by-right use does not need a hearing

A by-right use is already permitted by the zoning text, so complying plans can be approved without a hearing.

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From the opening

A by-right use is an activity the zoning ordinance already lists as permitted in that district, so an applicant who meets the written standards is entitled to approval. No hearing is held to decide whether the use is welcome, because the legislative body made that choice when it adopted the list. The opening covers the use table already decided, written standards still must be met, and conditional uses keep a hearing.

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Inside

  • The use table already decided
  • Written standards still must be met
  • Conditional uses keep a hearing
  • Overlays can add discretion
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • As-of-right zoning approval
  • Permitted use versus conditional use