Conditional Use Permit Process

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.


How to Get Started:

  1. We first recommend having a Due Diligence Meeting so that you have good idea of the scope of requirements that may be involved prior to spending a substantial amount of money or signing a lease. These meeting can be requested by completing a Due Diligence Application and emailing it to
  2. The Conditional Use Permit process begins with a Neighborhood Meeting. The Neighborhood Meeting involves acquiring a list of all property owners within a 300’ radius of the property and mailing them an invite to a meeting to discuss the project. The meeting can be held no sooner than 10 days after the mailing has been sent and must be held between 5:30 p.m. and 8:00 p.m. M-F 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 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.
  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.
  4. Fire Flow and Ability to Serve Letters are required for Conditional Use Permit applications.
    **Please submit your Fire Flow applications to to process. The Ability to Serve letter can be sent to  


Important Information: 

  • The Planning and Zoning Commission meets every third Wednesday of the month at 6:30 p.m. at City Hall.
  • Garden City Code can be found online. GCC 8-7A includes a definition for all uses. GCC Table 8-2B includes a list of all uses and whether they are permitted (P), conditionally permitted (C), or prohibited in the zoning district (left blank).
  • Depending on the specifics of your application, a separate building permit may need to be approved and completed prior to occupancy.
  • 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 the 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.


Anticipated Fees: 

Application Fee: $446.00
North Ada County Fire and Rescue Review: $150 
City Engineer Review Fee: $150/hr

Fire Flow Request: $75.00
Ability to Serve: $150.00