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.
- We strongly encourage all applicants to complete a Due Diligence Meeting before moving forward. This meeting is an essential first step to help you understand the full scope of requirements that may apply to your project before committing significant time or financial resources, such as signing a lease.
- To schedule a Due Diligence Meeting, please review the Early Assistance page on our website for instructions and next steps.
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The Conditional Use Permit process begins with a required Neighborhood Meeting. This meeting includes notifying all property owners within a 300-foot radius of the subject property and inviting them to attend a meeting to discuss the proposed project.
Applicants must review the requirements for Neighborhood Meetings and Public Hearings outlined in the Garden City Public Meeting and Hearing Guidelines Policy (pages 16–25) prior to proceeding.
To obtain a list of property owners within the required radius, please complete a Radius Request Form and submit it to building@gardencityidaho.org.
- 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.
- Fire Flow and Ability to Serve Letters are required for Conditional Use Permit applications.
**Please submit your Fire Flow applications to odurfey@gardencityidaho.org to process. The Ability to Serve letter can be sent to building@gardencityidaho.org.
- The Planning and Zoning Commission meets every third Wednesday of the month at 6:30 p.m. at City Hall.
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As part of the Conditional Use Permit process, applicants may be required to bring the property into compliance with applicable development standards. This may include, but is not limited to, the installation of sidewalks, landscaping, or other site improvements. Applicants are strongly encouraged to contact the Ada County Highway District (ACHD) early in the process to determine any applicable requirements related to street improvements, sidewalks, and impact fees.
- The Garden City Code is available online for reference. Key sections include:
- GCC 8-7A: Definitions of all land uses
- GCC Table 8-2B: Identification of whether uses are Permitted (P), Conditionally Permitted (C), or Prohibited (left blank) within each zoning district.
- A Conditional Use designation does not guarantee approval or denial of a use. While specific criteria may be outlined in City Code, these represent minimum standards. Additional conditions may be applied, or a request may be denied, even if minimum standards are met. Each application is reviewed by a quasi-judicial body based on a site-specific analysis, including consideration of zoning, the Comprehensive Plan designation, and compatibility with the surrounding neighborhood. To be approved, the applicant must provide sufficient evidence demonstrating that the proposed use is appropriate for the specific location.
- Depending on the scope of your project, approval of a Building Permit and/or completion of an Occupancy Analysis may be required prior to occupying the space.
- It is unlawful to occupy a property without a valid Certificate of Occupancy or to provide false or misleading information to the City.
For information regarding current fee amounts please see Garden Citys Fee Schedules.
A typical application will incur the following fees:
- Conditional Use Permit Application Fee
- North Ada County Fire & Rescue Conditional Use Fee
- Fire Flow Letter
- Ability to Serve Letter
- Engineer Reviews (Hourly)
Impact Fees
- ACHD (paid directly to ACHD)
- NACFR (new or added construction)
Quick Links
Planning and Zoning Applications
Find Garden City planning, building, and other applications here
Planning and Zoning Approval Process
View the Planning and Zoning process for a Conditional Use Permit
Planning and Zoning Public Hearing
Review past and upcoming Planning and Zoning materials (agendas, applications, staff reports)
Planning and Zoning Sidewalk Policy
Review the Garden City Sidewalk Policy