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A conditional use permit is a zoning exception which allows the property owner use of his land in a way not otherwise permitted within the particular zoning district.
Definition of Conditional Use Permit (CUP) Permitted conditional use permits are expressly listed for each district in the zoning ordinance. These uses require conditions because in their absence the use could negatively impact nearby properties. Conditional use permits are given at the discretion of the city.
A conditional use permit allows a city or county to consider special uses for land that may be needed or desired by a particular community.
Conditional use permits may also have an expiration date where the property owner has to re-apply for the permit at the end of its term. Property owners do not have a vested right in a zoning designation.
The CONDITIONAL USE PERMIT. WHAT IS A CONDITIONAL USE PERMIT? CONDITIONAL USE PERMIT (CUP) allows a city or county to consider special uses which may be essential or. desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process.
There is no legal difference between the three. For the most part it is just a matter of local preference which of the three is used in any particular ordinance. The rationale for some ordinances having both conditional use permits and special use permits is straightforward.
Unfortunately, once you sell property that has a conditional use permit, the permit is sold with the property. This means that the permit can only be transferred to the party purchasing the property rather than transferred to another piece of property.
Conditional use permits may also have an expiration date where the property owner has to re-apply for the permit at the end of its term. Property owners do not have a vested right in a zoning designation.
A conditional use permit is a property right that runs with the land, so it attaches to and benefits the land and is not limited to a particular landowner. ... Because a CUP is a property right, a city should work closely with the city attorney if considering a CUP revocation.
A conditional use permit is a zoning exception which allows the property owner use of his land in a way not otherwise permitted within the particular zoning district.
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