As the name implies, a conditional use permit (CUP) is a form of exception to the local zoning regulation. This form of permit, in particular, allows the property owner to utilize the property in ways that do not comply with current zoning restrictions.
Obtaining an exception for some conditional uses under appropriate criteria is frequently a more convenient option than completely rezoning the land.
A conditional use permit in real estate is most commonly seen when a property owner maintains a home-based business in a residential neighborhood and zoning district. However, there are numerous reasons why someone could seek to extend land uses or circumvent a zoning restriction.
Notably, CUPs are frequently utilized in commercial real estate to permit the use of a certain zoning district for retail or industrial applications.
That being said, regardless of the reason for filing for the permission, it’s vital to realize that a conditional use permit is not the same as a zoning variance.
A variance, like a conditional use permit, is a limited exception to a zoning rule. Variances are granted in cases where the zoning law would cause the property owner undue hardship or trouble. Variations are less common than conditional use permits.
Conditional use permits must follow specific requirements and conditions expressly stated and established under the Land Use and Zoning Ordinances.
However, the property owner or tenant must petition to the zoning board of adjustment for a variance if a planned conditional use application does not meet those standards.
A zoning variance is specifically provided to allow the landowner to change the property’s physical characteristics. A conditional use permit, on the other hand, allows the landowner to utilize the property for a variety of purposes.
What Is the Process for Applying for a Conditional Use Permit?
Unfortunately, there is no one-size-fits-all solution for obtaining a CUP for a property. This is one case where the local zoning laws in your city or municipality will most likely determine the procedure. Still, we’ve provided a general outline below to give you an idea of what to expect.
In most cases, the steps to apply for conditional use permits begin with the landowner completing and submitting a permit application to the local zoning authority. This application normally comes with a charge, and the review procedure will almost certainly include a public hearing.
Owners of nearby properties will be able to express their concerns or support at the public hearing. It will, however, provide you the opportunity to propose your overall plan for the property’s conditional uses to the zoning board before they make their final judgment on the project.
When preparing for your hearing, you should consider what kind of case you should present. Consult with property neighbors, neighborhood organizations, and possibly the town council. You can describe your plans to them, and they can express their worries.
Your argument for the CUP will be considerably stronger if you are prepared to address those concerns during the hearing.
You’ll also need to demonstrate that you have adequate space and amenities for the use you intend to adopt. You will be questioned about parking, access, landscaping, and layout, among other things.
If you’re thinking about requesting a permit, the best thing to do is contact the zoning supervisor for your specific zoning district. They can assist you in better understanding the review process in your city or municipality. They can also advise you on how to improve your chances of receiving a favorable recommendation from the local planning commission.
The fees for obtaining a conditional use permit vary by jurisdiction. Sometimes the application is free, but most of the time, there is a price. Other costs include escrow fees and expenses linked to employing specialists such as lawyers, engineers, architects, and professional planners.
If you want to apply for a conditional use permit, you should first investigate the fees in your jurisdiction since they might vary greatly depending on your local rules and the area in which you live.
What Limitations Do Conditional Use Permits Have?
In general, conditional use permits do not enable uses that are forbidden by zoning laws or that are not expressly permitted by the permission. The conditional use permit conditions limit the applicant’s capacity to utilize the land. In certain circumstances, local governments may incorporate federal statutes provisions and broaden the permitted use range.
What Standards Determine If a Conditional Use Permit Should be Granted?
Communities have used several criteria to determine whether a conditional use permit should be issued. The following are the most popular standards:
- General Welfare Standard: The proposed use will not be detrimental to public interests, property, or improvements.
- Nuisance Standard: Any use that is deemed objectionable or incompatible with the nature of the city and its environs owing to noise, dust, odors, or other unappealing characteristics may be prohibited.
- General Plan Consistency Standard: Conditional Use Permits are subject to the general plan of the community in which the permission is sought, despite the fact that this is not stated anywhere.
- Zoning Consistency Requirement: To get a conditional use permit, the applicant must demonstrate that the proposed use is compatible with the zoning laws and that it would be important or appealing to the public convenience or interests.
You still have options if your CUP application is denied or if you are denied a CUP after your hearing. You may be able to appeal the decision as the property owner.
You should consult with a real estate attorney if you haven’t already. They can assist you in reviewing the decision and determining the best course of action. A local attorney with experience with conditional use permits can make a significant impact.
You may be able to gather evidence that the nuisance concerns or other anticipated problems will not occur. Perhaps another similar property is used in a different way, and you can demonstrate the benefits to the community.
Regardless, you will most likely have other options if the CUP is denied.
Are Conditional Use Permits Transferable?
Can you transfer the CUP to another property if you sell the property? Regrettably, no. The conditional use permit can be transferred to the new property owner, who can choose to continue operating the zoning variant or restore the property to its prior use.
A CUP cannot be transferred to a new property; if you relocate your business or activity, you must select a property with the appropriate zoning or apply for a new conditional use permit.
Does a Conditional Use Permit Expire?
Ordinarily, conditional use zoning permissions do not expire.
On the other hand, some communities may contain zoning provisions in their ordinances that indicate whether an approval expires after a specified time period if the property owner or renter does not get building permits or take occupancy within the given time period(s).
Again, verifying with your jurisdiction’s unique zoning board is advisable to see if your CUP includes any development schedule limitations.
Do I Need a Lawyer for My Conditional Use Permit Problem?
An experienced real estate lawyer can assist you in understanding your area’s complex zoning laws. A real estate attorney can also assist you in opposing a proposed conditional use permit.
