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If you are making alterations to your property that don’t fit the zoning ordinances, you probably need a conditional use permit. In this post, we explain what a conditional use permit (CUP) is, when it’s required, and how to submit a conditional use permit application.
Ready? Let’s dive in!
Table of contents
What is a conditional use permit? Conditional use permit vs variance: what’s the difference? When is a conditional use permit required? How to get a conditional use permit Step 1: Get a site plan Step 2: Gather other documentation Step 3: Submit and pay Get a site plan for your conditional use permit Conditional use permit FAQs
What is a conditional use permit?
Local governments designate land for specific purposes, “zoning” it into several categories, typically residential or commercial. A conditional use permit is a contract between local government and a business or property owner that allows them to conduct operations that aren’t typically allowed within their current zoning ordinances.
Essentially, it grants an exception to the existing rules, though the permit holder has to comply with specific conditions, hence the name “conditional.”
Your local government must approve your CUP before any alterations can be made to a property.
Conditional use permit vs variance: what’s the difference?
Variance vs conditional use permits are often confused, so let’s quickly explain the core differences.
A variance is asking for an exception to a zoning rule because following it exactly would be difficult or unfair due to something unusual about your property.
A CUP, on the other hand, allows a land use that is not automatically permitted in a zone but may be allowed if certain conditions are met to reduce negative impacts.
So, you would need a variance if you were building closer to a property line than the zoning code allows, installing a taller fence than normally permitted, or adding a structure on an oddly shaped lot that doesn’t meet standard dimensions. None of these require a CUP.
When is a conditional use permit required?
A conditional use permit is usually needed if the proposed land use falls into one of four categories:
Special use in a zoning district , like operating a daycare in a residential neighborhood or creating a bed and breakfast in a single-family home zone.
Impacts the surrounding area by increasing traffic, noise, or demand for parking, like opening a bar or nightclub in a commercial district.
Is controversial or sensitive and requires public input and transparency, like building a wireless communication tower or building short-term rentals.
Align with a city's long-term planning goals , even if they don't fully comply with current zoning rules, like approving a live-work loft in a transitioning industrial area.
How to get a conditional use permit
You need to submit a conditional use permit application to your local zoning authority. Before you apply, though, you’ll need specific documentation, including a site plan.
Step 1: Get a site plan
Your conditional use permit must show that any alterations or additions made won’t negatively impact the existing systems, features, or structures.
A site plan does this by showing a bird’s eye view of your property, its structures, and topography. It also includes other important information in conjunction with the CUP, including adjacent properties, scenic, historical, or cultural details of the area, and transportation systems.
If you need a site plan, start by checking the documents from when you closed on your home—it may already be included. If not, reach out to your mortgage lender or title insurance provider, as they might have a copy. You can also request one from your county government office, often for a small fee, or contact your home builder if the house was built recently. For a faster option, consider ordering online from a service like MySitePlan, which creates site plans using satellite images and county records.
Step 2: Gather other documentation
On top of your site plan, you will also need:
Project description: Explain the purpose, size, and operational details of the proposed use
Environmental assessment: Detail the potential impacts the new use will have on air quality, traffic, and noise
Zoning compliance: Submit proof that the proposal aligns with local zoning codes or any necessary variances
Public notice: Notify the locals about the proposal
- Supporting documents: You may also need photographs, mockups, and community support letters
Step 3: Submit and pay
Your conditional use permit application now ready, all that’s left is to pay the processing fee and submit. Your local zoning authority will then evaluate your application and hold a public hearing if needed.
If and when it’s approved, you’ll need to pay other relevant fees, which vary between locations. Contact your local zoning authority for details.
Get a site plan for your conditional use permit
If you need a site plan, why not place an online order with MySitePlan? Our experienced CAD designers use satellite images and county maps to create non-certified site plans for you in 24 hours or less.
Conditional use permit FAQs
Can a conditional use permit be revoked?
Yes, a CUP can be revoked if conditions change, the permit holder fails to comply with permit conditions, or if there were misrepresentations or errors in the application that influenced the decision.
Do conditional use permits expire?
As a rule of thumb, CUPs don’t expire. However, they may run out for two reasons: 1) the permit isn’t used within one year of obtaining it, or 2) the permit has a specified expiration date. If it’s the latter, we recommend applying for a new CUP a good six months before the expiration date.
How long does a conditional use permit last?
Unless specified, a conditional use permit lasts indefinitely.
How long does it take to get a conditional use permit?
The timeframe varies based on the proposal's complexity, local requirements, and community interest. It can range from a few weeks to several months. Consult local zoning authorities for a precise timeline.
How much does a conditional use permit cost?
There are costs for application fees, document preparation (like site plans), legal consultation, public notices, or hearings. Fee structures vary by municipality.
This blog was originally published on November 26, 2018. It was updated on April 30, 2025.
