What is the difference between Conditional Use Permits and Variances?
The difference between Conditional Use Permits (CUPs) and Variances in California is that CUPs are discretionary approvals granted by local governments to allow land uses that would otherwise be prohibited under the local zoning code. A CUP allows a landowner to use their land in a way that is not typically allowed in the area, provided that the proposed use complies with the terms of the CUP. In contrast, a Variance is a relief from the requirement of the zoning code that is granted by the local government. A Variance allows a landowner to make alterations to their property that would not be allowed under the current zoning code, such as increasing the permissible height of a building beyond what is typically allowed in the area. In both cases, the granting of either a CUP or Variance is subject to the consideration of the local government. This consideration includes an evaluation of the proposed uses on the surrounding community, as well as adherence to state and local laws.
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