“As of right” means a person can take legal action without permission. It establishes the right to challenge an adverse decision in zoning regulations. Appeals may be discretionary or mandatory, with specific requirements. Zoning regulations may allow development without a special permit, but other permits may still be required.
“As of right” is a phrase that means a person can take a certain type of legal action without getting permission. Some jurisdictions use the phrase in their statutes or rules concerning the right to challenge a judicial or administrative decision. In other words, the sentence establishes the citizen’s right to challenge an adverse decision. Zoning regulations may also use the phrase in regards to the use or development of the property. In essence, the sentence establishes a legal right that arises when certain conditions trigger it.
In lawsuits, the right to challenge an adverse decision is not necessarily automatic. Appeals can be discretionary or in law. Discretionary means that a court or other appellate body can choose not to allow an appeal. If the appeal is mandatory, the Appellate Body is required to decide on the appeal provided that the requirements of the rule or law that establishes the right are met.
Typical requirements for this type of appeal are a final judgment from a lower court and that the person making the appeal files an appeal within a specified time limit. If the conditions are not met, an appellate body cannot hear an appeal. Some jurisdictions may allow an immediate appeal of law even in the absence of a final judgment. For example, when a lower court holds a party for criminal contempt, the party can bring an immediate appeal of law. Generally, criminal contempt occurs when someone allegedly obstructs the court in some way while in the presence of the judge.
In zoning, ordinances or regulations control how a person can use real property. A landowner may want to develop or use his property in a way that seems inconsistent with zoning laws. In that case, the owner must obtain permission from the authorities through a variant or special permit that allows for special development or use. For example, a homeowner may want to operate a business from his or her home that zoning laws may prohibit. The homeowner must then seek a variance from a government agency that has the authority to grant it.
In zoning regulations, the term typically indicates that development or use of the property may occur without obtaining approval through a variant or special permit. This occurs because a landlord intends to use his property in a manner consistent with zoning laws. For example, a landlord may want to develop his property by building an apartment building. If the area is earmarked for such development, the owner is not required to obtain a change because the development does not conflict with zoning laws.
While no variation or special permit is required for proper development, zoning regulations may still require the landlord to obtain other types of permits to ensure compliance with the law. For example, a landlord would have to comply with laws that require inspections for building code compliance. Zoning authorities, however, generally cannot prohibit proper development.
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