What’s a Conditional Use Permit?

I honestly hope you never need one, and I guarantee your jurisdiction feels this way, too.

There are circumstances where a Conditional Use Permit (CUP) is the only option. A Conditional Use Permit is a type of zoning approval that allows a property owner to use their land in a way that is not automatically allowed by the zoning. Every zoning district has allowed or permitted uses (like a single-family residence in a residential zone), unpermitted or prohibited uses, and conditional uses.

A Conditional Use Permit allows the jurisdiction (typically a Planning Commission or City/County Council) to review proposed uses case-by-case, add conditions to minimize impacts (like noise, traffic, hours of operation), and ensure the project aligns with the community’s general plan and zoning code.

Some examples:

• A church or religious facility in a residential zone

• A business in a rural zone

• A bed and breakfast in a residential zone

• An oversized single-family residence (in City of Bellingham, over 5,500 SF)

Sometimes, CUPs are to modify an existing conditional use. For example, in the City of Bellingham a property owner with an existing conditional use permit can submit for a one-time (modest) expansion (BMC 20.14.020.E) which allows for the use to expand or change.

I’ve completed many Conditional Use Permits across Whatcom County and the City of Bellingham, and I have a couple in progress at the moment.

CUPs aren’t impossible, but they take significant time, patience and negotiation. I always try to help clients rule out the need for a CUP or explore alternative options.