Conditional Use Permit

What is a Conditional Use Permit (CUP)?

Uses, or what is occurring on the property, are either, permitted or prohibited in a given zoning district. However, there are a number of uses that may be conditionally permitted within a zoning district. If a use is conditionally permitted it must go through a process where there is a thorough review by stakeholder agencies for compliance with applicable codes and regulations, the ability for the public to provide testimony, and a determination that the use is compatible with the vision of the neighborhood as identified in the Comprehensive Plan. During this process there may be additional regulations applied specific to the use at the subject property.

Recommended: Due Diligence Meeting

We strongly recommend scheduling a Due Diligence Meeting so you have a clear understanding of the potential scope of requirements before spending a substantial amount of money or signing a lease. This is a free meeting with a City Planner, held online via Microsoft Teams. It is a great opportunity to ask questions and clarify your proposal prior to submitting a formal application.

Please visit the Early Assistance page on our website to review the instructions and schedule an appointment.

Step 1: Neighborhood Meeting

The formal Conditional Use Permit (CUP) process begins with a required Neighborhood Meeting.

This meeting involves obtaining a list of all property owners within a 300' radius of the subject property and mailing them an invitation to attend a meeting to discuss the proposed project. The purpose of the meeting is to provide information about the proposal and allow nearby property owners the opportunity to ask questions and provide feedback prior to formal application submittal.

How to Get Started:

  1. Neighborhood Meeting:
    1. The meeting can be held no sooner than 10 days after the mailing has been sent and must be held between 5:30p and 8:00p Monday - Friday at a location convenient for attendees to get to (such as the subject property site). Please complete a Radius Request Form and submit it to building@gardencityidaho.org. It is important to keep the list of those who you notified, a copy of the letter that they received, and a sign-in sheet (even if no one came to the meeting) to submit with your application materials.
  2. Fire Flow and Ability to Serve Letters are required for Conditional Use Permit applications. You are responsible for submitting these applications for processing and payment. 
  3. Due to legal noticing requirements, there is an application submittal ‘deadline’ for every month’s meeting. Prior to submitting the application, please make sure that it is complete and that all requested materials (identified on the application) are submitted with the application. If the application is late or incomplete it will not be scheduled for hearing.

Important Information: 

  • The Planning and Zoning Commission meets every third Wednesday of the month at 6:30p at City Hall.
  • Garden City Code can be found online. GCC 8-7A-1 includes a definition for all uses. GCC Table 8-2B-1 includes a list of all uses and whether they are permitted (P), conditionally permitted (C), or prohibited in the zoning district (left blank).
  • If approval is granted, you will be required to submit a Building Permit Application, Occupancy Analysis Application, or a Business Compliance Application prior to occupying the business.
  • All Conditional Use Permit applications must post signage on site at least 10 days in advance of the Planning and Zoning Commission hearing at which they will be heard and submit an Affidavit of Property Posting. 
  • Because you are undergoing the Conditional Use Permit Application process, you may be subject to bringing this property up to various standards, including the potential installation of sidewalks and landscaping. We recommend contacting the Ada County Highway District to see what they may require in terms of street/sidewalk improvements and impact fees.

Required Documents

Applications are required to be submitted on the city approved form(s).  A link to the current forms is located under Applications & Forms.

The applications and forms most commonly associated with this application are:

  • Conditional Use Permit Application
  • Fire Flow
  • Ability to Serve
  • Affidavit of Legal Interest
  • Affidavit of Property Posting

Fees

For information regarding current fee amounts please see Garden Citys Fee Schedules.

A typical application will incur the following fees:

  1. Conditional Use Permit Application: $1,040
  2. North Ada County Fire & Rescue Review: $150
  3. Fire Flow Letter: $75
  4. Ability to Serve Letter: $175/hr
  5. Engineer Reviews $175/hr

Impact Fees

  1. ACHD (paid directly to ACHD)
  2. NACFR (new or added construction)

Helpful Links

Planning & Zoning Approval Process
View the Planning and Zoning process for a Conditional Use Permit 

Planning & Zoning Sidewalk Policy
Review the Garden City Sidewalk Policy 

Neighborhood Meeting Letter Template

Affidavit of Neighborhood Meeting

Affidavit of Property Posting