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What Is By-Right Development?

New Missoulian building

A by-right approval (also known as an as-of-right approval) is granted when a development proposal strictly conforms to zoning and building codes and, thus, qualifies for construction without requiring discretionary approval.

 

Many jurisdictions are responding to these criticisms by rewriting zoning codes to ensure that more developments are approved and permitted by-right. However, many of these reforms imply a pro-development politics—either upzoning to allow apartment buildings and rezoning to allow mixed-use and commercial developments in more areas. Meanwhile, neighborhood groups resist zoning reform, wielding discretional approval as a powerful legal tool for obstructing new development.

 

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Request for East Missoula zoning change delayed by debate, community vision

Simple zoning request for housing punctuates need for code reform in Missoula

Planning meeting for Missoulian building canceled

 

 

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