Conditional Use Permit: Process, Cost and Timeline

A conditional use permit (CUP) is a zoning approval for a use the local code allows in a district only after case-by-case review. A board or hearing officer checks the proposal against written standards, usually at a public hearing, then approves it with conditions or denies it. The property's zoning stays the same.

Pillar, a land research software company, wrote this guide. Each rule, fee and deadline links to the code or agency that published it, checked November 12, 2026. Zoning is local and changes often, so treat this as general information and confirm details with the planning office and a land use attorney in your state.

What is a conditional use permit?

Zoning codes sort uses into those allowed by right, those allowed only after review, and those not allowed. Utah makes the sorting a legal duty: a city's legislative body "shall classify any use that a land use regulation allows in a zoning district as either a permitted or conditional use" (Utah Code 10-20-506).

Portland, Oregon's code says these uses "may, but do not necessarily," cause significant adverse effects, so review lets the city allow the use, allow it with mitigation, or deny it (Portland Zoning Code 33.815.010). Dane County, Wisconsin gives an example: a school can be an amenity in a residential area, but its traffic and noise can hurt the neighbors, so schools are a conditional use there (Dane County).

Two things a CUP is not:

• Not a rezoning. Raleigh, North Carolina says a special use approval "shall not change the zoning of the property" (Raleigh UDO 10.2.9).
• Not a building permit. San Luis Obispo County, California says approval of a land use permit "only entitles the use itself; separate permits may also be required for any construction or grading activities" (SLO County).

Is a special use permit the same as a conditional use permit?

Usually, yes. The tool goes by several names, and state law sometimes says so outright:

• North Carolina defines a special use permit and adds: "The term includes permits previously referred to as conditional use permits or special exceptions" (N.C.G.S. 160D-102(30)).
• Wisconsin defines a county conditional use as one allowed under "a conditional use permit, special exception, or other special zoning permission," and excludes variances (Wis. Stat. 59.69(5e)).
• New York towns grant a "special use permit," defined as "an authorization of a particular land use which is permitted in a zoning ordinance or local law" (N.Y. Town Law 274-b).
• Montgomery County, Maryland called these cases special exceptions until October 2014 (Montgomery County DPS).
• San Luis Obispo County, California files them under "land use permits." Its Planning Commission acts on a Conditional Use Permit, and a hearing officer acts on a Minor Use Permit (SLO County, above).

As San Luis Obispo shows, one code can use two names for two procedures with different decision makers. Read your code's definitions and procedure table before assuming.

Conditional use permit vs. variance vs. rezoning

These approvals answer different questions:

• Permitted use. The code allows it by right. Meet the standards and get the ordinary permits.
• Conditional use. The code lists the use for the district, but a board must find that the specific proposal meets review standards. North Carolina classes it as a quasi-judicial decision, one involving "the finding of facts" and "the exercise of discretion" (160D-102(28)). Utah calls it an "administrative land use decision" (10-20-506).
• Variance. Relief from a standard, such as a setback or height limit, because of a hardship tied to the property. North Carolina requires that the hardship come from "conditions that are peculiar to the property, such as location, size, or topography," not from the applicant's own actions. It adds: "No change in permitted uses may be authorized by variance" (160D-705(d)). Montgomery County puts it similarly: a variance "may only authorize a use of land allowed by the underlying zone" (Zoning Ordinance 7.3.2.E).
• Rezoning. A change to the zoning map itself. North Carolina treats the adoption or amendment of a regulation as a legislative decision (160D-102(19)), not a quasi-judicial one.

One project can need more than one approval. New York lets a special use applicant whose plan breaks a dimensional rule apply to the zoning board of appeals for an area variance (Town Law 274-b(3)). Raleigh requires the use to meet its specific use standards "without the granting of any variance to the specific use standard" (UDO 10.2.9.E).

How the conditional use permit process works in five places

We read the code and application pages for five jurisdictions of different sizes and regions. Each entry covers who decides, what they must find, notice, the published fee and timeline, and what happens to the approval after a sale or non-use. The figures are as published on November 12, 2026. They are not averages and don't predict anyone else's numbers.

Montgomery County, Maryland (large suburban county)

All citations are to Zoning Ordinance Section 7.3.1 unless noted.

• Who decides. A Hearing Examiner in the Office of Zoning and Administrative Hearings, after a Planning Director or Planning Board recommendation. Parties can appeal to the Board of Appeals within 10 days, then to court within 30 days of the Board's action.
• What must be found. Findings include conformance with the master plan, harmony with the neighborhood, adequate public facilities, and no "undue harm" to the neighborhood from non-inherent adverse effects, alone or combined with inherent ones, in categories including traffic, noise, odors and lighting. Meeting every specific requirement "does not create a presumption that the use is compatible." Filling stations and drive-thrus must also show need.
• Notice. The application lists abutting and confronting owners and registered civic, homeowners and renters associations within half a mile. Division 7.5 governs the notice itself, including a sign posted within 5 days after the application is accepted and Hearing Examiner hearing notice at least 30 days before the hearing.
• Fee. Set per use in Appendix A. Examples: $660 for a bed and breakfast, $8,200 for a landscape contractor, and $16,390 for a filling station or a drive-thru.
• Timeline. Completeness review within 10 days. The hearing must begin within 120 days of acceptance, and the decision is due within 30 days after the record closes unless extended.
• After approval. Section 7.3.1.I.1 says approval expires if the conditional use is not established or has not obtained a building permit within 24 months of the decision or resolution, unless that decision sets a longer period. Extensions run up to 12 months each. The holder must notify the Hearing Examiner or Board of Appeals of "any change in land ownership," and Appendix A lists a $240 fee for transfers or extensions of time.

Raleigh, North Carolina (city)

• Who decides. The Board of Adjustment, at a quasi-judicial evidentiary hearing (UDO 10.2.9). Approval takes three of five votes (application instructions, revised August 2025).
• What must be found. Eight showings. They include compatibility "in terms of location, scale, site design, hours of operation and operating characteristics," and that adverse impacts "will be effectively mitigated or offset or the special use is denied."
• Notice. Mailed to owners and tenants within 100 feet, and a sign posted, 10 to 25 days before the hearing.
• Fee. $320 for applications filed July 1, 2026 through June 30, 2027, up from $291 (FY27 Development Fee Guide).
• Timeline. A pre-application conference, which the Planning Director may waive, then filing at least 60 days before a monthly board meeting.
• After approval. It expires after 24 months unless the authorized work has "substantially commenced." State law says development approvals "attach to and run with the land" (160D-104). Unless another provision controls, a petition for court review is due within 30 days after the decision becomes effective or a written copy is given under 160D-406(j), whichever is later, and first-class mailing adds three days (160D-1405(d)).

Dane County, Wisconsin (rural towns under county zoning)

• Who decides. The county Zoning and Land Regulation Committee. It acts after it receives the town board's recommendation, the town tells it in writing that it will not recommend, or the town's review period runs out; that period is normally 60 days after the county hearing, and extensions are possible. Its decision is final, and appeals go to circuit court (Chapter 10, s. 10.101(7), rev. April 30, 2025).
• What must be found. Seven standards, plus farmland preservation findings in those districts. The committee "must approve" when they are met and "must deny" when they are not. State law requires conditions that are "reasonable and, to the extent practicable, measurable," backed by substantial evidence (59.69(5e)).
• Notice. A Class 2 published notice. The county notifies neighbors within 300 feet about three weeks before the hearing (process page).
• Fee. $495 for a general CUP and $1,145 for mineral extraction or a communication tower (application). The $495 is the $450 fee plus a $45 mapping fee in the fee ordinance, which repeats its $45 mapping charge in two subsections, so confirm the filing total with county staff. Radio frequency engineering review of a tower adds $3,000 per tower plus the cost of any additional services. Fees double if work started first, and towns may charge their own.
• Timeline. The county says the process "takes approximately three (3) months," with the hearing about six weeks after filing.
• After approval. State law keeps a permit in effect "as long as the conditions upon which the permit was issued are followed," and lets the county attach conditions on "duration, transfer, or renewal." The county terminates a permit whose use is not started within one year or is abandoned for a year or more.

West Jordan, Utah (suburban city)

• Who decides. The planning commission, or the zoning administrator "as applicable" (February 3, 2026 staff reports, quoting code sections 13-7E-6 and 13-7E-7). The fee schedule lists a separate administrative CUP.
• What must be found. State law says the city "shall approve a conditional use if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects." Mitigation "does not require elimination." The section moved from 10-9a-507 to 10-20-506 on November 6, 2025 (crosswalk). State law also requires conditions to "reasonably relate to mitigating the anticipated detrimental effects." West Jordan adds local requirements: if it requires conditions, "the city has the burden of proving both" the detrimental effects and the need for the conditions, and "A condition not tied to a reasonably anticipated detrimental effect cannot be imposed, even if it would be beneficial to the community" (city code 13-7E-6 and 13-7E-7, reproduced in a staff packet).
• Notice. The city planner arranges publication of a public hearing notice (CUP process).
• Fee. $1,035 for a conditional use permit, $425 for an administrative one, and $12 for each permit issued. The schedule was updated June 23, 2026 and runs through June 30, 2027 (fee schedule).
• Timeline. The first staff review "may take approximately 4 weeks," later ones about 2 weeks, before the commission hearing.
• After approval. The permit "shall run with the land and continue to be valid regardless of ownership" while it operates within its conditions. The zoning administrator can end it by letter if, within 24 months, the holder has not done each of these that applies: get a building permit and complete a primary building's foundation, get a required business license, and fulfill the conditions. A use that stops for 12 months can also be ended if the owner ignores a 45-day notice. In either case, the termination takes effect 16 calendar days after the termination letter unless it is appealed within 15 calendar days (Ordinance 25-19, May 13, 2025).

Portland, Oregon (large city)

• Who decides. A new conditional use goes through the Type III procedure (33.815.040), which is assigned to the Hearings Officer (33.720). Appeals go to City Council, then to the state Land Use Board of Appeals (33.730).
• What must be found. Criteria depend on the use. For institutions and other non-household uses in residential zones they cover the mix of uses, physical compatibility, livability ("noise, glare from lights, late-night operations, odors, and litter"), public services and area plans (33.815.105).
• Notice. The hearing is set within 51 days of a complete application. Notice is mailed at least 20 days before to owners within 400 feet, or 500 feet outside the urban growth boundary, and to recognized organizations within 1,000 feet. The applicant posts a sign on the site (33.730.030).
• Fee. A new Type III conditional use totals $36,263, of which $15,393 is the land use fee and the rest covers other reviews and the Hearings Officer. Add $4,257 where traffic engineering review is required. A Type II review totals $10,760 (fee schedule, effective July 10, 2026).
• Timeline. Oregon's ordinary deadline for final action, including local appeals, is 120 days after the application is deemed complete; qualifying affordable housing has a 100-day deadline. Written extensions the applicant requests generally total no more than 245 days, with up to 90 more days for agreed mediation. If the city misses the deadline, the applicant may claim a refund of the unspent fees or deposits or 50 percent of the total, whichever is greater (ORS 227.178, 2025 edition).
• After approval. For ordinary approvals, the approval expires if no city permit is issued within five years of the final decision, or for work needing no permit, if the activity has not started; multiple developments and Conditional Use Master Plans have separate rules (33.730.130). Conditional use rights are lost after three continuous years of discontinuance (33.815.050). The chapter says nothing about ownership changes.

What conditions on a conditional use permit look like

Conditions are specific to the site, and staff reports show real ones. A West Jordan planning commission packet from February 2026 (staff reports) recommended these:

• A dance studio in an industrial zone. Because the street is a school bus route, students must park and be dropped off on site or only on the north side of the road, and each new class must be told so.
• Outdoor RV storage and repair. Keep a 10-foot path around the building for emergency exit, store fuel and flammable chemicals in a proper fuel cabinet, and use extension cords only temporarily. At the January hearing a neighbor raised concerns, and the commission continued the item to February.

Dane County's ordinance lists what its committee can impose (10.101(7)(h)). The list covers expiration dates, limits on hours, days, events, employees, people, vehicles and animals, screening and berms, noise limits in decibels, odor controls, and a removal bond of up to $20,000 unless more is shown to be necessary. Standard conditions require a copy of the permit on site. If the county highway department or town engineer finds intersection improvements necessary, the landowner pays a share proportional to the added traffic.

States limit what a condition can demand. North Carolina allows dedications of street and utility rights-of-way and recreation space, but not taxes, impact fees or conditions courts have held unenforceable (160D-705(c)).

How long does a conditional use permit take, and what does it cost?

There is no national figure, only local ones. Among the five places above, Dane County estimates about three months, and Oregon's ordinary deadline gives Portland 120 days from a complete application. Montgomery County must open the hearing within 120 days of acceptance. Pre-application meetings, incomplete applications, continued hearings and appeals add time everywhere.

Application fees ran from $320 in Raleigh to $36,263 for a new Type III review in Portland. They are not the whole cost. Raleigh requires entities to be represented by an attorney, and only an expert can testify about effects on property values, traffic or stormwater (instructions). Dane County may ask for traffic, sound, groundwater, lighting, stormwater, soils or wetland studies (process page).

Why conditional use permits are denied, and what applicants can do

Denials come back to the written standards. Dane County's committee must deny an application that fails its standards, and the county says a proposal may be denied if it does not address concerns. It postpones a decision when there is public opposition, no town review or outstanding concerns.

Opposition counts as evidence, not as a vote. Wisconsin's definition of substantial evidence excludes "merely personal preferences or speculation" (59.69(5e)(a)2). Raleigh's board decision "cannot be based on opinions inconsistent with the facts in evidence" (instructions, above).

What applicants can do:

• Use the pre-application meeting. Raleigh normally requires a pre-application conference, though the Planning Director may waive it. Portland requires one for a new Type III conditional use application.
• Answer each standard in writing. Dane County requires it, and suggests talking to neighbors before its notice goes out.
• Propose your own conditions. Utah's statute turns on whether reasonable conditions "are proposed, or can be imposed."
• Know the appeal deadline. Each entry above gives the route; some are as short as 10 days.
• Know the wait after a denial. For substantially the same proposal on the same property, Montgomery County generally bars refiling for 18 months after the final decision; Dane County for one year after the denial or, if appealed, the court decision; and West Jordan for 12 months after denial, revocation or termination. Each code provides exceptions, such as material new facts or evidence.

Conditional use permits when you are buying land

A land buyer has to know whether the use is possible on this parcel, by when, on what conditions, and whether the approval survives the closing.

Is the use permitted, conditional or prohibited?

1. Confirm the jurisdiction and the district. Our desktop site screening checklist covers this first pass.
2. Find the use in the use table under the code's defined name. "Personal instruction service" or "outdoor storage" may be the label for your business. Read the use-specific standards too. The R1 zoning guide shows how to find a district's rules.
3. Check overlays and plan districts. Portland lists conditional uses "in the use tables of the base zones or in the regulations of overlay zones or plan districts" (33.815.020).
4. Check the comprehensive plan. Dane County and Montgomery County both test plan consistency. See zoning vs. future land use.
5. If the use is not listed, a CUP cannot approve it. A variance cannot add a use in North Carolina or Montgomery County. The route is usually a rezoning or a text amendment.

Put the approval in the purchase contract

The owner usually has to take part. Montgomery County requires the applicant to own the property or be authorized by the owner. Raleigh accepts a lessee or a person with a valid option or contract to purchase, if the owner authorizes the application. West Jordan asks for a property owner affidavit.

The published clocks, plus appeal periods, can outlast a typical due diligence period. A buyer's contingency should cover approval, conditions the buyer can accept, the end of the appeal period, and the seller's duty to sign the application. Have a real estate attorney in your state draft it. Our land feasibility study guide covers what else belongs in that period.

What to check before an offer

1. Use status. Ask the planning office to confirm in writing whether your exact use is permitted, conditional or absent in the district and any overlay.
2. Prior approvals. Montgomery County requires a new application to satisfy any effective prior approval and marks conditional use decisions on the zoning map. Where a North Carolina local government requires recording with the register of deeds, a permit may surface in your title commitment.
3. An existing permit's status. Has the use stopped long enough to lose its rights, or has an unused approval passed its deadline? The comparison above shows how much those periods vary.
4. Conditions and compliance. Get the decision. Dane County can hold a new application until existing violations are fixed, and Montgomery County can revoke a conditional use after a show-cause hearing.
5. Opposition history. Search commission minutes and decision reports for the parcel and similar uses nearby, looking for continuances, petitions and repeat speakers.
6. Prior denials. The reapplication bars above apply to the same property, not just the same applicant.
7. Cost of the conditions. Road improvements, fencing, dedications and bonds belong in the pro forma.

Does a conditional use permit transfer to a new owner?

It depends on the code and the permit. West Jordan's permits stay valid "regardless of ownership," and North Carolina approvals run with the land unless law provides otherwise. Wisconsin counties can attach conditions on transfer, Montgomery County requires notice of an ownership change and lists a fee for transfers, and Portland's chapter is silent on ownership. Read the permit itself, since a condition can name an operator or a term.

Where Pillar fits

Pillar's property search shows a parcel's zoning where that record is available, which tells you which district's use table to open. Whether a use is permitted or conditional, and on what terms, still comes from the code and the planning office.

Quick answers

What is a conditional use permit in simple terms? Permission for a use the zoning code allows in a district only after review, often with conditions.

Is a special use permit the same as a conditional use permit? Usually. North Carolina's statute says so expressly, but some codes use two names for two procedures.

What is the difference between a conditional use permit and a variance? A CUP approves a use the code lists for the district. A variance relaxes a standard, such as a setback, for a hardship peculiar to the property.

Does a conditional use permit run with the land? Often. West Jordan and North Carolina say yes, and Wisconsin counties can attach conditions on transfer.

Do conditional use permits expire? Many do if unused: after 24 months in Montgomery County and Raleigh, and generally five years in Portland, which has separate rules for multiple developments and master plans. Many also end when the use stops.

How much does a conditional use permit cost? Application fees we found ran from $320 in Raleigh to $36,263 for a new Type III review in Portland, before studies, attorneys and conditions.

Can neighbors stop a conditional use permit? Not by objecting alone in Wisconsin or Raleigh. Their facts count as evidence, but Wisconsin excludes "merely personal preferences or speculation."