Conditional Use Permit (CUP)
What is a Conditional Use Permit?
The zoning code of the Unified Development Ordinance (UDO) regulates the type of uses that are allowed to take place on your property. Some uses are permitted - e.g. a detached house in a residential zoning district. Some uses are prohibited - e.g. a retail sales establishment in a residential district. Other use are permitted with conditions because of the impacts the use may have on adjacent property. It is these uses that require a Conditional Use Permit (CUP) to be allowed in their zoning district.
A CUP is granted to a property owner by the approval of the Zoning Board of Appeals (ZBA) or the County Board. The Conditional Use Permit process requires the ZBA to conduct a public hearing as part of the approval process.
How do I determine if I need to apply for a Conditional Use Permit?
Article 6 of the UDO includes a Use Table. The first two (2) columns of the table identify the proposed uses, the heading of the middle columns correspond to UDO zoning districts.
- A “P” indicates that a use is allowed in the respective zoning district..
- A blank cell indicates that a use is not allowed in the respective zoning district.
- A “C” indicates that a use is allowed only if reviewed and approved as a Conditional Use.
If you believe that you will need to apply for a conditional use permit, please also note the value recorded in the "CUP Decision" column (the far-right column) of the Use Table in order to determine if the final decision will be made by the ZBA (Delegated CUP) or the County Board (Non-delegated CUP).
How do I apply for a Conditional Use Permit?
There are two (2) types of Conditional Use Permits:
- Delegated Conditional Use Permit
- Non-delegated Conditional Use Permit
If you are not sure the desired use of your property requires a CUP please call 847.377.2600. You may also refer to Section 3.6 of the UDO which contains a detailed discussion of the CUP process.
How much will my Conditional Use Permit cost?
Please refer to the Land Development Fee Schedule for CUP fees.
Administrative Conditional Use Permit
You may be eligible for an Administrative Conditional Use Permit if:
- under current zoning requirements, a Conditional Use Permit is required to establish the use and;
- the use was legally established prior to the change in the zoning requirements
The Administrative Conditional Use Permit allows you to continue the existing use.
For any expansion of the use, a formal Conditional Use Permit is required (Section 3.6 of the UDO) .