Conditional use permit
A conditional use permit allows a use that the zoning permits only after case-by-case review, often with conditions attached.
Also called CUP, special use permit, special exception, or special land use.
What it tells you
A conditional use permit names a use on a specific site, so it often reveals the operator early, like a car wash, school, or cell tower. Its conditions can shape the site plan.
How it moves through a city or county
- The applicant files a request with a site plan or project description.
- Staff review it against the code's standards and suggest conditions.
- A public hearing is held before the planning commission, a hearing examiner, or a board of adjustment.
- That body decides, or it recommends and the council decides.
Who decides varies widely by place. Names differ too: special use permit, special exception, or special land use often mean the same review.
Recent conditional and special use permits
From public filings in Georgia, Illinois, and Wisconsin.
| Project | Location | Developer | Type | Size | Stage | Latest meeting |
|---|---|---|---|---|---|---|
| 52-Unit Assisted Living Facility on 2.9 Acres | Union Grove, WI | Union Grove Properties | Residential | 52 units2.9 acres | Recommended | |
| 24-Unit Residential Apartment Building | Lake Zurich, IL | Housing Opportunity Development Corporation | Apartments | 24 apartments2.56 acres | Seeking approval | |
| 1M-Sqft Industrial Manufacturing Facility | Jefferson, GA | Pattillo Industrial Real Estate | Manufacturing | 158 acres | Recommended |
As of How we count
Common questions
- Is a conditional use permit the same as a special use permit?
- In most places a conditional use permit and a special use permit mean the same thing: approval for a use the zoning allows only after review. Some codes use both terms for different review levels.
- Does a conditional use permit stay with the property?
- In many places a conditional use permit runs with the land, so it passes to a new owner. Some expire if the use does not start within a set time or stops for too long.
Related terms
Rules vary by state, county, and city. These pages describe common practice, not legal advice.
See use permits near you.
Pick Conditional Use Permit under Application Type, or search "special use permit".