What is the difference between Conditional Use Permits and Variances?

Conditional Use Permits and Variances are two distinct tools used in land use law in Washington. A Conditional Use Permit (CUP) is a type of zoning approval from the local jurisdiction. This approval allows for a use or activity that is not usually allowed in a particular zoning district by allowing for specific conditions and restrictions that are specific to the development. These conditions can be related to public health, safety, and welfare, or to alleviate potential negative impacts caused by the proposed project. Variances, on the other hand, are exceptions made by the local jurisdiction based on the specific circumstances of an individual project. Variances are intended to grant relief from the strict application of zoning ordinances when the application of the ordinance would cause the property owner an undue economic burden or an unnecessary hardship. In other words, a variance is a way to allow a property owner to build something that would otherwise be prohibited. The intent of a variance is to address specific, unique circumstances of the property and not to create new zoning standards. In summary, a CUP is used to approve certain types of uses or activities in a particular zoning district, while Variances are used to exempt a property from specific zoning regulations. Both tools provide the local jurisdiction with the flexibility to properly address the specific needs of a property owner and the community.

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What is the difference between Conditional Use Permits and Variances?

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