What Is A Conditional Use Permit (Cup)?
When you want to use the property for a purpose that differs from what it has been zoned for, you will likely need to obtain a Conditional Use Permit (CUP). While CUPs don’t allow for the property to be used for purposes that are directly prohibited by local zoning laws, it’s possible for a CUP to expand the types of uses that are allowed on the property, as long as you provide and/or adhere to the Conditions that are set forth by the Authority.
A CUP must take any local ordinance requirements into account before you are able to obtain one. In most situations, a public hearing will be held to determine if your request for a CUP should be granted. Before you begin the process of applying for a conditional use permit, it’s important that you understand how this permit works and how it differs from a variance. This article provides a comprehensive overview of conditional use permits.
- A conditional use permit allows for other types of uses on the property that are normally prohibited.
- Your local zoning ordinance will determine whether or not your property will qualify for a conditional use permit, check with your Planning Department.
- There are a variety of standards you may want to consider before applying for a conditional use permit.
It’s important to note that ordinance requirements can differ with each zone. For instance, certain ordinances require that any conditional use permit adheres to the extensive land-use plan put forth by the municipality. It’s also likely that the permit will need to be compatible with any nearby properties. Additional standards could be set for specific land uses, which could include hours for business operation, landscaping plans, and off-street parking areas.
WHAT IS THE PURPOSE OF A CONDITIONAL USE PERMIT?
The primary purpose of a CUP is to allow for a piece of property to be altered in how it can be used in accordance with the local zoning ordinance. In many situations, these permits are granted because the public believes that the new use of land will benefit the community. However, the permit is only granted on a conditional basis, which means that the determined and listed CONDITIONS will need to be adhered to by the property owner to ensure that any negative impacts of the new use would be mitigated.
These impacts could include everything from increased traffic to increased noise. Let’s say that a property owner decides to run a business from their home while living in a residential neighborhood. To make sure that nearby properties and land aren’t negatively affected, conditions could be set that allow the property owner to manage a business in their home as long as any customers park in the driveway and only a limited amount of signage is posted around the property. Without these guidelines and restrictions in place, it’s possible that the change in land use would cause nearby properties to lower in value, which could hurt the quality of the neighborhood.
WHAT IS THE PROCESS OF APPLYING FOR A CONDITIONAL USE PERMIT?
The application process for a CUP is a relatively simple and straightforward one as long as you understand what this process entails. The CUP procedure list, should be filled, completed and submitted by someone who is familiar with the CUP procedure, like A Project Coordinator. Once the project coordinator proposes the application, this proposal will be considered within a public hearing, which provides the surrounding community with the opportunity to have their opinions heard.
Since a change in how the land is being used will impact the surrounding community, it’s important that they play a role in the final decision. In the event that the public approves of the conditional use permit, some restrictions will be placed on the permit to ensure that any negative impacts of the change are mitigated. The public hearing for a conditional use permit application can be held by a zoning administrator, a planning commission, or a board of zoning. The owner of the property will be sent a notice in advance that provides details on the time, date, and location of the hearing in question. At this hearing, the property owner will have the opportunity to address the public about why they want to alter how their land will be used.
Please keep in mind, the process of doing a CUP can be lengthy. On average they can run 3 months up to 9 months and the timing for processing is subject to change based on the Planning Department’s workload, board meeting calendar and attentiveness to your project.
STANDARDS TO DETERMINE IF A CONDITIONAL USE PERMIT SHOULD BE GRANTED
Communities can use a variety of different standards to determine if an application for a conditional use permit should be granted. These standards include:
- General welfare standard – This standard is designed to ensure that the new use for the property in question will not cause damage to the property, to improvements on the property, or to the public interests
- Nuisance standard – This standard is meant to prohibit any conditional use permit wherein the new use would clash directly with the nature of the city as well as its surroundings, which could be caused by excess odors, noise, or dust
- General plan consistency – This standard ensures that the conditional use permit must adhere to the comprehensive community plan
- Zoning consistency standard – In order to obtain a permit, the applicant will need to show that the use will fall under local zoning laws and that it will be appealing to public interests or convenience
In the event that you are able to show the public how the new use for your land or property would adhere to all of these standards, it’s likely that your application will be granted. However, these standards aren’t exhaustive. A certain community may have even more rigorous standards that you will be required to meet. Make sure that you identify what these standards are before the public hearing takes place, which should allow you to be fully prepared.
It’s worth noting that ordinance requirements can vary across different zones. For example, some ordinances may stipulate that any conditional use permit must comply with the comprehensive land-use plan set by the municipality. The permit will also likely need to align with the character of the surrounding properties. Specific land uses may be subjected to additional standards, such as business operating hours, landscaping plans, and off-street parking provisions.
If you successfully illustrate to the public how your property’s new use aligns with these standards, your application stands a good chance of being approved. However, these standards are not exhaustive. Certain communities may impose even stricter criteria that you must satisfy. Therefore, it’s essential to identify these standards before the public hearing, enabling you to be fully prepared.
Hello! I’m Frank Neimroozi, a veteran in the food service sector with a fervent love for the food industry, complemented by a staunch dedication to perfection in construction. My career began in South Florida, delivering pizzas for Domino’s in 1981 at the age of 20, a side gig while I attended college. From that humble start I eventually saw myself climbing the ranks, taking on leadership positions across fast-food, fast-casual, and upscale dining in some of the fortune 400 companies, over the years. This journey has significantly influenced my current role and shaped my perspective in how I approach every project I am involved with.
Moreover, my path has taken me through being responsible for the construction and launch of over 200 eateries in my tenure in the restaurant business, and subsequently, as a builder. Now, as a General Contractor, my goal is to mentor and navigate restaurant owners and executives through every phase of their projects, delivering the kind of top-tier service synonymous with high-end dining experiences.
Chapter 1: A Rising Star in the Restaurant Industry
I began my journey in the restaurant industry at Domino’s, where I discovered my fierce competitive streak, continuously setting records for the most deliveries in one shift and zealously defending it. This carried on in multiple stores in the Ft. Lauderdale, Florida market over a span of three years until I succumbed to my manager’s persistent requests to join the Manager-in-Training (MIT) program, which was the stepping stone into propelling me up the corporate ladder over the next 24 years. In that time, I worked for some of the top leading brands in the food service space, holding key positions between 1984-2008 from store manager to district & regional manager and ultimately assuming the role of Director of Operations with two different companies, always striving towards greatness and accumulating many awards for high performance along the way.
Chapter 2: A Unique Blend of Culinary and Construction Expertise
What sets me apart is my extensive experience in both restaurant operations and hands-on-in-the-trenches construction industry. In those years, I not only supervised construction projects, building new stores as well as remodeling others, my main responsibility included reopening the restaurants, often setting sales records as much as 480% YoY figures before shut down, and in new restaurants, opening with twice the revenues than neighboring same brand locations. This hands-on experience provided me with invaluable insights into the intricate connection between restaurant design, efficient kitchen layout, and seamless construction execution from navigating pre-construction red tape bureaucracy to post construction project delivery to the restaurant’s opening crew, sometimes handling some of the most challenging issues involving upgrading utilities to the space, grease interceptor space restriction difficulties, discrepancies with the plans that somehow made it through plan-check, to dealing with city and county inspectors in one of the most strictly run municipalities (City of LA), in all 50 states.
Chapter 3: Filling the Void as a General Contractor
In 2009, I embarked on a new venture, joining forces with a friend to help him run his construction company in Southern California. Over two years later, I found myself drawn to the prospect of establishing my own company, leveraging my wealth of knowledge from the food business and construction field. In June 2011, my vision materialized as I founded econstruct, Inc.
Chapter 4: A Comprehensive Skill Set
With almost three decades of experience working in every conceivable position within the restaurants I managed, I possessed an unparalleled skill set into every aspect of restaurant operations with menus that included serving hamburgers to pizzas to burritos to bagels, and everything in between. From setting up kitchens to designing bartender-friendly bars to maximizing wet/dry storage spaces and understanding the pros and cons of various kitchen equipment brands, my expertise spans every aspect of the restaurant business.
Chapter 5: The Motivation Behind Becoming a General Contractor
My decision to become a General Contractor was driven primarily by the frustrations I experienced when I was on the other side of the table managing contractors and maneuvering the arduous and perplexing city and county permit requirements, and by a burning desire to make a positive impact on the industry by helping others see their project come to fruition. My mission is clear – to consult, teach, guide restaurant owners through the complex design, plan check, and then execute the construction phase with steadfast and unflinching pursuit. I aim to bridge the gap between restaurant owners’ aspirations and vision, to the practical execution of construction, as seamlessly and realistically as possible.
Chapter 6: Navigating Challenges in the Industry
Throughout my career, I have witnessed numerous restaurant projects encounter challenges, delays, and organizational issues. On a couple of projects, I even came across some struggle to open for more than a year due to mismanagement, incompetence, and lack of expertise, until we were appointed to get involved. This inspired me to commit myself to helping restaurant owners avoid these pitfalls at all costs, and achieve their objectives.
Chapter 7: A Frustration with the Lack of Integrity
One of my greatest frustrations lies in the lack of integrity I have observed within my industry. I have encountered so-called professionals ill-equipped to handle projects from maneuvering the city plan check maze to completely hands off approach and cavalier attitude towards the processes, as they claim “that’s not my responsibility” and often it may not be due to stakeholders’ responsibility metrics. This has only strengthened my resolve to continue to pursue restaurant professionals and restaurant owners and provide them with reliable, unfaltering and committed support and guidance.
Chapter 8: A Vision for a Better Industry
My goal is to propel the restaurant industry forward with the expertise of seasoned construction specialists I have assembled over the years. By offering candid guidance, regular blog updates, and actively seeking individuals eager to benefit from my insights, I’m committed to elevating the industry. I’m dedicated to assisting as many restaurant proprietors and stakeholders as possible in efficiently finishing their projects in the quickest time frame.
My journey from humble beginnings in to the restaurant business to now many years later having operated & built hundreds of restaurants for some of the leading food service brands is a testament to my unwavering passion, dedication, and knowledge.
As I strive to share my knowledge and experiences, I remain committed and focused to empowering others and fostering a more reliable, transparent, and systematic journey into restaurant construction endeavors.