What is a conditional use permit (CUP)?

Find out what conditional use permits are, why businesses want them, and how you can apply for one.

Zoning laws dictate what kind of activity is allowed in a particular area. Sometimes, though, businesses may want to use the property they’re situated on in a way that zoning laws don’t allow. That’s when they apply for a conditional use permit — otherwise known as a CUP.

Here, we explore the answer to “What is a conditional use permit?” and how you can get one.

What is a conditional use permit for?

So, what is a conditional use permit for? A CUP is a type of contract between a local government and a business or property owner that enables them to conduct operations that current zoning ordinances don’t typically allow. In simpler terms, it creates an exception to the current land use rules. The permit holder must usually comply with certain conditions — that’s why it’s called “conditional.”

For example, a bar located in a residential zone might apply for a CUP to play music later than zoning laws would allow. The local government may accept this if the bar agrees to keep the music at a certain volume and stops playing it by midnight.

Conditional use permit vs variance.

CUPs and Variances serve distinct purposes in zoning regulations. A CUP is typically sought when a specific land use needs approval, subject to specific conditions and requirements enforced by local authorities. It makes sure that the proposed use is compatible with the surrounding area while addressing potential negative impacts through conditions.

A variance is sought when strictly following zoning regulations would pose practical challenges due to unique circumstances, like the size or shape of the property. Variances grant exceptions to zoning rules that often involve setbacks or other requirements and are usually determined by a zoning board of appeals or similar body.

How to get a conditional use permit.

To acquire a conditional use permit, you must submit an application to the local zoning authority. They’ll then consider any impact your stated operation might have. Due to possible negative consequences for the surrounding area, they’ll also hold a public hearing on the application in most cases.

If they approve your application, the zoning agency will request you to file certain forms and pay the appropriate fees. The process varies between locations, so contact your local zoning authority for more details.

What’s involved in a conditional use permit application?

When applying for a CUP, specific documentation and information are critical for a successful application. Below is a concise list of the key requirements:

• Site plan. Detailed property map indicating boundaries, structures, and proposed changes.
• Project description. Explanation of the proposed use, including its nature, size, purpose, and operational details.
• Environmental assessment. Evaluation of potential environmental impacts, including traffic, noise, and air quality studies.
• Zoning compliance. Proof that the proposal aligns with local zoning codes or any necessary variances.
• Building permit. If you need to build an area where the conditional permit will be used, like an additional section of your building, a building permit may also be required.
• Public notice. Notification of nearby property owners and the public about the proposal.
• Supporting documents. Any additional materials, such as legal descriptions, photographs, or community support letters.
• Application fee. Payment of the required processing fee for the application.

What can you do if your conditional use permit gets declined?

Don’t lose hope if your conditional use permit application is denied. Start by reviewing the denial letter to understand the reasons behind it, and then consult with zoning officials for clarification. Address the identified issues by modifying your project, considering community feedback, and making necessary adjustments.

Once your project aligns with zoning regulations and community concerns have been addressed, resubmit your application with updated documentation and pay any required fees. Be prepared to go through the review process again, including public hearings, and await a new decision from the zoning authority.

How can I make the CUP application process faster?

Like with any license, you need to sign documents to get a conditional use permit. Electronic signatures are legally binding and much faster to process than manual signatures. With Adobe Acrobat, you can easily request signatures, share documents, create e-signatures, and track the process.

Discover more ways Acrobat can help move your business forward.