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Land-use glossary

Conditional use permit

Also: CUP · Use permit

Permission to operate a use that a zone allows only case by case, subject to conditions.

Some uses can fit in a zone but need a closer look at a particular site: a drive-through, a school, a bar, a cell tower, a cannabis business. The zoning code lists these as conditionally permitted.

A CUP is quasi-judicial: a hearing officer, zoning administrator or planning commission holds a public hearing, decides whether the required findings can be made, and attaches conditions such as hours, parking or noise limits. The decision can usually be appealed to the next body up, often the city council.

A CUP generally runs with the land, not the owner, and can be revoked if its conditions aren't met.

What to look for on the agenda

Recent examples in San Diego County

Where the rules come from: Cal. Gov. Code §65901 and each city's zoning ordinance. Each city's own code adds its details.

Related terms

A general explainer, not legal advice. How we work.