Real examples of examples of conditional use permits in modern zoning

Starting with real examples of conditional use permits

Most zoning articles start with definitions. Let’s skip that and go straight to the examples of examples of conditional use permits that show up again and again at planning commissions.

Across the U.S., the same patterns keep showing up in staff reports and hearing agendas:

• A church wants to move into a residential neighborhood.
• A developer wants to add a drive-thru lane to a fast-food restaurant.
• A telecom company wants to install a new 5G tower on a school property.
• A homeowner wants to rent their house as a short-term rental on weekends.
• A cannabis retailer wants to open near a commercial corridor.

Each of these is a classic example of a use that might be allowed if the city or county can attach conditions to limit noise, traffic, hours of operation, or impacts on neighbors. That is the core logic behind most examples of conditional use permits in modern zoning codes.

Common neighborhood examples of conditional use permits

Some of the best examples of conditional use permits come from ordinary neighborhoods where residents expect stability but cities still need flexibility.

Religious institutions in residential zones

A textbook example of a conditional use permit is a church, mosque, or synagogue in a low-density residential zone.

Many zoning ordinances list religious institutions as a conditional use in single-family districts. The use is generally allowed, but the city examines specific impacts:

• Traffic and parking during services
• Noise from amplified sound or events
• Building height and bulk compared to nearby homes
• Lighting and evening activities

Conditions might include limits on hours for outdoor events, requirements for on-site parking, or restrictions on amplified sound. The U.S. Department of Justice notes that local governments must also consider federal protections like the Religious Land Use and Institutionalized Persons Act (RLUIPA), which affects how these permits are reviewed: https://www.justice.gov/crt/religious-land-use-and-institutionalized-persons-act.

This is one of the most litigated real examples of conditional use permits because it sits at the intersection of land use, traffic, and religious freedom.

Schools and daycare centers in residential areas

Another frequent example of a conditional use permit is a private school or daycare center operating in a residential neighborhood.

Cities often allow these uses conditionally so they can regulate:

• Drop-off and pick-up circulation
• On-site play areas and fencing
• Maximum enrollment
• Hours of operation

Conditions might cap the number of children, require staggered drop-off times, or mandate traffic management plans. These examples include both small in-home daycare operations and larger stand-alone facilities.

Commercial examples of examples of conditional use permits

Commercial zoning districts generate some of the most contentious examples of conditional use permits, especially where traffic, noise, or late-night activity is involved.

Drive-thru restaurants and banks

Drive-thru lanes are a classic example of a use that many cities only allow with a CUP.

A fast-food restaurant might be allowed by right in a commercial zone, but the drive-thru component often requires a conditional use permit. Planners evaluate:

• Queuing length and potential for cars to back up into the street
• Impacts on nearby homes (noise from speaker boxes, headlights)
• Pedestrian safety and sidewalk crossings

Conditions can include limited hours for the drive-thru window, specific site circulation layouts, and noise-reducing design for speaker systems. Post-pandemic, many cities have tightened review of drive-thrus to balance convenience against walkability and traffic impacts.

Bars, nightclubs, and late-night uses

If you’re looking for real examples of conditional use permits that draw big crowds to public hearings, look at bars and nightclubs.

In many cities, the underlying restaurant use is allowed, but serving alcohol or operating after a certain hour requires a CUP. Conditions typically address:

• Maximum occupancy
• Hours of operation and last call
• Outdoor seating and amplified music
• Security plans and lighting

Some cities tie the permit to the operator rather than the property, so a change in ownership triggers a new review. Others require periodic review or renewal, especially in entertainment districts that border residential neighborhoods.

Gas stations and auto-related uses

Gas stations, car washes, and auto repair shops are a classic example of uses that can fit in commercial areas if the impacts are managed.

A city might require a conditional use permit to evaluate:

• Location of driveways and access points
• Car wash noise and hours
• Outdoor storage of vehicles or parts
• Lighting levels and canopy design

Conditions often include limits on overnight vehicle storage, requirements for landscaping buffers, and restrictions on 24-hour operation.

Infrastructure and technology: modern examples include 5G towers and utilities

Some of the most modern examples of examples of conditional use permits involve infrastructure that didn’t exist when many zoning codes were first written.

Wireless communication facilities and 5G towers

Telecommunications facilities are now one of the most common examples of conditional use permits, particularly for macro cell towers or larger installations.

Cities and counties often:

• Treat smaller “small cell” facilities differently from large towers
• Require CUPs for towers above a certain height or in residential or scenic areas
• Evaluate visual impacts, co-location opportunities, and setbacks

Federal law, including the Telecommunications Act, limits how local governments can regulate these facilities, but local discretion still exists for aesthetics and placement. The Federal Communications Commission (FCC) provides guidance on local review and timing: https://www.fcc.gov/general/cell-towers.

Conditions might require stealth design (e.g., monopines or flagpoles), shared use with multiple carriers, or specific setbacks from homes and schools.

Utility substations and energy facilities

Electric substations, water towers, and similar facilities are another example of conditional use permits used to balance community needs with neighborhood impacts.

Typical conditions focus on:

• Fencing and security
• Landscaping and screening
• Noise from transformers or pumps
• Access for maintenance vehicles

With the growth of renewable energy, some jurisdictions now use CUPs for battery energy storage systems or larger solar installations, especially near residential areas.

Housing and short-term rental examples of conditional use permits

Housing-related issues have exploded in visibility since 2020, and some of the best examples of conditional use permits now revolve around how people use residential property.

Short-term rentals (Airbnb, Vrbo)

Many cities have shifted from outright bans or unregulated short-term rentals to conditional use permit frameworks for certain types of rentals.

Examples include:

• Allowing entire-home rentals in residential zones only with a CUP
• Requiring CUPs for rentals above a certain number of nights per year
• Using CUPs for party-prone properties in high-complaint areas

Conditions can cover maximum occupancy, on-site parking, noise rules, and requirements for a local contact person. Some jurisdictions cross-reference public health or safety standards, echoing broader housing quality guidance you see from agencies like the U.S. Department of Housing and Urban Development (HUD): https://www.hud.gov/program_offices/healthy_homes.

Accessory dwelling units (ADUs) and guest houses

In many states, ADUs are increasingly allowed by right, but there are still jurisdictions where certain ADU configurations require a conditional use permit.

Common examples include:

• ADUs larger than a baseline size
• Detached ADUs above garages
• ADUs on substandard lots or in sensitive overlay zones

Conditions often address privacy (window placement, second-story decks), setbacks, and parking. Where state law strongly favors ADUs (such as California), local CUP discretion is narrower, but in other states it remains a meaningful review tool.

Cannabis, adult uses, and other sensitive examples

If you want politically charged examples of conditional use permits, look at cannabis dispensaries and adult entertainment businesses.

Cannabis dispensaries and cultivation facilities

Since legalization in multiple states, local governments have leaned heavily on CUPs to regulate where cannabis businesses can operate.

Typical examples include:

• Retail dispensaries in commercial zones subject to CUPs
• Cultivation or manufacturing facilities in industrial zones requiring CUPs
• Buffer requirements from schools, parks, and youth centers

Conditions can address security cameras, odor control, hours of operation, and signage. Many jurisdictions also cap the number of permits and use the CUP process to evaluate community compatibility.

Adult entertainment and sexually oriented businesses

Adult bookstores, strip clubs, and similar uses are often allowed only with a conditional use permit, and only in specific zones.

Courts have upheld local regulation of these uses when focused on secondary effects (crime, blight, property values) rather than content. Conditions may include:

• Separation distances from homes, schools, and churches
• Limited hours of operation
• Building design to reduce visibility from public spaces

These are some of the most litigated examples of conditional use permits, where cities must balance First Amendment protections with neighborhood concerns.

Industrial and mixed-use examples of conditional use permits

Industrial and mixed-use districts also provide strong real examples of conditional use permits, especially where heavier uses bump up against housing.

Light manufacturing near residential areas

A light manufacturing or assembly facility may be allowed conditionally in a mixed-use zone. The CUP process lets the city evaluate:

• Truck traffic and delivery hours
• Noise, vibration, or odor
• Outdoor storage of materials

Conditions can require indoor operations, limits on delivery times, and screening of loading areas from nearby homes.

Event venues in warehouse districts

In many cities, older industrial areas are converting into arts and entertainment districts. Turning a warehouse into an event venue is a classic example of a conditional use permit scenario.

Review typically focuses on:

• Crowd capacity and fire/life safety
• Parking and rideshare pick-up zones
• Noise from amplified music and outdoor areas

Conditions might cap the number of large events per month, restrict outdoor music after a certain hour, and require on-site security.

2024–2025 trends shaping examples of conditional use permits

The examples of examples of conditional use permits above are evolving as cities respond to new pressures. A few clear trends are visible in 2024–2025:

More use-specific standards, fewer one-off negotiations

Many jurisdictions now write detailed use standards into their zoning codes, so a conditional use permit decision is less arbitrary and more checklist-driven. For instance, a city may specify:

• Maximum noise levels at the property line
• Minimum setbacks for drive-thru lanes
• Required odor control measures for cannabis uses

This makes it easier to predict outcomes based on past examples of conditional use permits and reduces the risk of unequal treatment.

Stronger focus on climate, health, and equity

Post-pandemic and in the context of climate policy, cities increasingly use CUPs to address health and environmental impacts:

• Conditioning industrial permits on air quality controls
• Requiring bike parking and EV charging for certain commercial CUPs
• Considering environmental justice when siting new facilities near vulnerable communities

For broader context on health and environmental impacts in communities, see resources from the Centers for Disease Control and Prevention (CDC): https://www.cdc.gov/places/index.html.

More digital participation and data

Public hearings on conditional use permits are increasingly hybrid or fully online, which has changed who shows up and how many people comment. Planning departments are also using data from traffic counts, noise studies, and GIS mapping to back up decisions, making it easier to compare new applications to earlier, similar examples.

Frequently asked questions about examples of conditional use permits

What are some common examples of conditional use permits in residential zones?

Common residential examples include churches, private schools, daycare centers, certain types of group homes, larger accessory dwelling units, and in some cities, entire-home short-term rentals. These uses can fit into neighborhoods but often need tailored conditions for traffic, parking, and noise.

Can a conditional use permit be denied even if similar examples were approved before?

Yes. A city or county can deny a CUP if the applicant cannot meet the findings required in the zoning code, even if there are earlier, similar examples of conditional use permits. That said, applicants often point to prior approvals as evidence of compatibility, and inconsistent decisions can create legal risk for the agency.

Do conditions stay with the property or the business owner?

It depends on the local ordinance. Many CUPs “run with the land,” meaning conditions apply to future owners as well. Some jurisdictions, especially for alcohol or cannabis uses, tie certain permits to the operator, requiring a new review when ownership changes.

Can neighbors challenge examples of conditional use permits in court?

In many states, neighbors who participated in the public process and can show they are affected by the decision may have standing to challenge a CUP approval (or denial) in court. The argument often turns on whether the agency followed its own procedures and made findings supported by evidence.

Where can I see real examples of conditional use permits in my area?

Most planning departments publish staff reports, agendas, and decisions online. Search for your city or county’s planning or zoning division and look for “Planning Commission” or “Board of Adjustment” agendas. These documents often include detailed conditions and are some of the best real examples of conditional use permits you can study before filing your own application.