Land Use & Zoning
What is 'conditional use permit' (CUP) and how does it differ from a variance in Nevada?
AA CUP and variance are identical tools in Nevada zoning
BA CUP allows a use that is potentially compatible with a zone but requires specific conditions to mitigate impacts; a variance is relief from dimensional standards (setbacks, height) — different tools for different problems✓ Correct
CA variance is for new construction; a CUP is for existing buildings
DCUPs are for residential uses; variances are for commercial uses
Explanation
A Conditional Use Permit (Special Use Permit in Clark County) allows uses that are not permitted by right but may be compatible with conditions. Example: a day care center in a residential zone. A variance is relief from specific dimensional or development standards — a setback, lot coverage, or height limit — when strict compliance causes unique hardship. CUPs address the use; variances address the physical standards. Nevada agents dealing with special use properties must understand which approval their clients need.
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