What is the difference between a special use permit and a conditional use permit?

A special use permit (SUP) and a conditional use permit (CUP) are both forms of land use law in Texas. Both SUPs and CUPs are required when an activity or land use is not permitted by the existing zoning code, and approval must be obtained from the jurisdiction before the activity or land use can take place. The main difference between a SUP and a CUP is the scope of the approval. SUPs are very specific and are often used for a particular purpose; for example, a SUP may permit the use of a piece of land for a restaurant. A CUP, on the other hand, is generally more flexible, allowing different uses of a piece of land. For example, a CUP may permit the use of a piece of land for multiple uses, such as a restaurant, a hotel, and a retail store. In addition, SUPs are typically less flexible than CUPs in terms of the conditions of the approval. For SUPs, any changes to the use or activity require a new permit, while with CUPs, the conditions are written to provide more flexibility. Overall, SUPs and CUPs both serve the purpose of allowing land uses that are not allowed under the existing zoning code. The main difference between the two is the scope of the approval and the flexibility of the conditions.

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