Conditional Use Permit

A conditional use permit (CUP) is a discretionary approval that lets a property be used for a purpose the zoning allows only under certain conditions, rather than outright. Zoning districts list some uses as permitted by-right and others as conditional — uses that may be appropriate in the district but could have impacts (traffic, noise, parking) that need case-by-case review. A CUP is how a jurisdiction approves such a use while attaching conditions to address those impacts.

Like a variance, a CUP is discretionary and contrasts with by-right or ministerial approval: it typically requires an application, public notice, and a hearing before a planning commission or hearing officer, who can approve, deny, or impose conditions. The key difference from a variance is what's at issue. A variance grants relief from a dimensional standard (like a setback), while a CUP authorizes a particular use of the land. A project could in theory need one, the other, both, or neither.

For ADU development, the trend has been to move accessory units toward by-right approval so they don't require a CUP — a major reason ADUs have become easier to build in many places. A CUP is more likely to come up with uses beyond a standard accessory dwelling, or in jurisdictions that haven't streamlined ADUs. Because whether a use is permitted, conditional, or prohibited — and the process and criteria for a CUP — vary by jurisdiction and zoning district and change over time, this is a general overview, not legal advice. Confirm how your local code treats your intended use with the planning department, and consult qualified counsel where it matters.