What does permitted by right mean

The concept is to require the community to identify sites that are available for development of affordable housing without any discretionary review , which could result in the denial of a building permit or imposition of prohibitive or unreasonable development conditions or standards. Third Party Rights means the Intellectual Property of any third party;.

State license means a license issued by the department that allows a person to operate a marihuana establishment. Exclusive use means the sole use by a single consignor of a conveyance for which all initial, intermediate, and final loading and unloading are carried out in accordance with the direction of the consignor or consignee. The consignor and the carrier must ensure that any loading or unloading is performed by personnel having radiological training and resources appropriate for safe handling of the consignment.

The consignor must issue specific instructions, in writing, for maintenance of exclusive use shipment controls, and include them with the shipping paper information provided to the carrier by the consignor.

Type 3 Restriction of Use means a single Restriction of Use of more than consecutive hours including any part of that Restriction of Use which occurs during a Public Holiday ;. Permitted with a conditional use permit if use exceeds 40, gross square feet; permitted by right if use does not exceed 40, gross square feet. The zoning administrator may waive the development standards stated in sections Permitted with a conditional use permit in a store that has 15, square feet or less of gross floor area or allocates more than square feet of shelving to tobacco products and tobacco paraphernalia.

Accessory uses. The following uses are permitted in the RMX zone when accessory to a permitted or conditional use, subject to the limitations specified:. Subject to section 9. Prohibited uses. All uses not listed as permitted, conditional, or accessory uses are prohibited in the RMX zone.

Outdoor storage. Outdoor storage of any inventory or supplies in view of any public right-of-way is prohibited, except for auto and mobile home sales, rental, and storage uses. Outdoor storage or parking of vehicles overnight for auto service or repair uses is prohibited.

Auto service and repair near residential. Auto service or repair work performed within feet of property used or zoned for residential purposes shall not be conducted before a. All such work shall be performed within a building.

View the mobile version. The following uses are permitted by right in the RMX zone, subject to the limitations specified: Use Limitations 1. Residential Uses Dormitory Subject to special use regulations in section Commercial and Institutional Uses Assembly—cultural, religious, social Subject to special use regulations in section Industrial and Agricultural Uses Community garden, private not exceeding 1.

Market garden not exceeding 1. Solar energy system, commercial city property Allowed in this zone and exempt from the provisions of this title. Residential Uses Fraternity house; sorority house Subject to special use regulations in section Commercial and Institutional Uses Alcoholic beverage sales, off-premises consumption Subject to special use regulations in section Industrial and Agricultural Uses Antenna; telecommunications facility Subject to special use regulations in section ZA Heliport; helistop Subject to special use regulations in section CC Market garden exceeding 1.

Cars are not permitted to park on the sidewalk at any time. The installation of new curb cuts will require that the locations comply with zoning regulations. Curb cut regulations in Residence districts can vary, while generally curb cuts are permitted in Commercial and Manufacturing Districts provided they are not located within 50 feet of an intersection.

Contact the Zoning Help Desk for assistance with zoning requirements for new curb cuts. For more information on how to obtain the necessary permits, click here. Frequently, this is not a zoning issue. The common situation is that two neighbors entered into an informal agreement to share a driveway between their two properties. Unless this agreement was recorded in the deed to your property by designating an easement, your neighbor has a right to erect a fence on their property line.

Items accompanied by this symbol require the free Adobe Acrobat Reader. Brief explanations of terms in blue italics can be viewed by clicking on the term. Select What Is Zoning? Zoning FAQ What is my zoning? What can I build under my zoning? How high can I build on my property? My property has multiple zoning designations — what do I do? My property used to have a different zoning designation than it does now. Can I build under the old zoning rules?

Is there any way to get a variance from the zoning regulations? How do I get one? How many apartments can I have on my property? I have a corner lot — are there special rules I have to follow? Can I put a garage or shed on my property? How high can my fence be? And where can it be located? My neighbor put a fence up with the unfinished side facing me, is it legal? There are no zoning requirements about the material or orientation of a fence. What kind of things can I have in the ground floor of my residential building?

Can I run a business out of my home? When was my neighborhood last rezoned? Because of the prescriptive and simplified nature of FBCs, the community can more easily understand what the code is allowing and can work with city staff to vet the code to ensure the prescribed outcome is appropriate for the neighborhood.

Once the desired outcome is prescribed appropriately in the FBC, the code can then include a by-right review process. A discretionary process is no longer necessary because the community can be confident that what will be built will be appropriate. The by-right review process then enables developers to know all of the requirements before they start the design process, so they can create a more accurate pro forma to determine whether the project will be viable.

They will also only have to design the building once, saving the cost of multiple redesigns. The lower cost and lower risk of development under a by-right process will contribute to making projects more viable, leading to more housing being built, and to lowering the cost of that housing. In addition, this lower risk on all of their projects within FBC areas can enable developers to lower their profit margin thresholds, since their profit margin will not need to cover the cost of projects that did not survive a risky discretionary review process.

By-right zoning is critically important to increase housing affordability at all levels of the housing spectrum. To get it right, conventional zoning codes need to be updated to FBCs to effectively prescribe the outcome desired by the community, enabling communities to confidently let go of discretionary review. This article first appeared on Logos Opticos, the blog of Opticos Design.