Definition
By-right means a project complies with every applicable standard and therefore requires no discretionary approval: the permit is administrative, and no board votes on whether to allow it. Its opposite is discretionary, where a project needs someone's judgment, and judgment can be withheld.
How to read it
How to read it
- It is the single largest input into land value that never appears in a listing. Two identical lots with different paths are different assets.
- By-right is not the same as fast. Building permits, plat, utilities and public works still take the time they take.
- A project can be by-right on use and discretionary on form, or the reverse. Ask which approvals each part of the design triggers.
- Never underwrite a discretionary approval as certain. Price it as an option: what it costs to pursue, and what the deal looks like if it fails.
Related terms
Related terms
All termsDevelopment
Miami 21
Miami 21 is the zoning code of the City of Miami, in force since 2009.
DevelopmentZoning
Zoning is the local rule that says what may be built on a piece of land and how it may be used.
DevelopmentTransect Zone
A Transect Zone is the category Miami 21 assigns to every lot, and it is the input to almost everything else.
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