CHAPTER 1
GENERAL REGULATIONS
ARTICLE A. PURPOSE, APPLICABILITY, AND INTERPRETATION
SECTION:
8-1A-3: Compliance With Comprehensive Plan
8-1A-1: TITLE:
Upon adoption by the council, this title shall constitute the official zoning and subdivision ordinances of the city. This title shall be known and cited as the DEVELOPMENT CODE OF THE CITY. The development code of the city is adopted by authority of the council. Within this title, the development code of the city shall be referred to as "this title". (Ord. 898-08, 9-8-2008)
8-1A-2: PURPOSE:
It is the intent of this title to carry out the purposes of the "local land use planning act", Idaho Code section 67-6501 et seq., and to protect and promote the health, safety and general welfare of the community by implementing the goals and objectives of the comprehensive plan for the city of Garden City:
A. Goal 1: Nurture the city:
1. Promote city events, seasonal holidays and celebrations.
2. Solicit citizen involvement in finding solutions to issues.
3. Consider the needs of all citizens, businesses and the environment.
4. Create a premier destination place to live, work and recreate.
5. Celebrate the historic, the cultural and the artistic.
B. Goal 2: Improve the city image:
1. Encourage new and distinctive neighborhoods.
2. Uphold standards for private property maintenance with a focus on commercial properties.
3. Promote quality design and architecturally interesting buildings.
4. Improve the appearance of street corridors.
C. Goal 3: Create a heart for the city:
1. Create a downtown or town center with river access.
2. Create public gathering places at multiple locations throughout the city.
D. Goal 4: Emphasize the "garden" in Garden City:
1. Beautify and landscape.
2. Promote community gardens.
3. Beautify sidewalks and gateways with landscaping and trees.
E. Goal 5: Focus on the river:
1. Consider a safe rafting route on the Boise River.
2. Landscape along the river.
3. Restore and naturalize drains, river channels and creeks.
4. Develop a river walk.
5. Create more accessibility to the Boise River and greenbelt.
6. Respect wildlife along the river.
7. Maintain and protect the greenbelt.
F. Goal 6: Diversity in housing:
1. Eliminate and upgrade substandard housing.
2. Maintain the city’s "fair share" of affordable housing.
3. Maintain the diversity of housing.
G. Goal 7: Connect the city:
1. Create pedestrian and bicycle friendly connections.
2. Promote public transportation along State, Chinden, Glenwood and Adams with stops in neighborhoods.
3. Control traffic through neighborhoods.
4. Maintain and improve standards for sidewalks, curbs and gutters.
H. Goal 8: Maintain a safe city:
1. Invest in public safety.
2. Support community involvement in public safety.
I. Goal 9: Develop a sustainable city:
1. Protect the aquifer.
2. Protect riparian and floodway areas.
3. Promote green building construction.
J. Goal 10: Plan for the future:
1. The Expo Idaho site is redeveloped.
2. The Old Town site is a live-work district.
3. "Special opportunity areas" are identified for future planning.
4. Create mixed use, high density/intensity nodes along State Street and Chinden Boulevard.
5. Create a "Main Street" commercial district along portions of Adams Street and other neighborhood locations.
6. Continue to support commercial and industrial land uses.
7. Participate in regional planning.
K. Goal 11: Serve the city:
1. Support additional education facilities.
2. Continue to support existing public facilities and develop more civic uses sought by the community.
3. Upgrade and maintain water services.
4. Be fiscally responsible.
5. Support a positive business environment. (Ord. 898-08, 9-8-2008)
8-1A-3: COMPLIANCE WITH COMPREHENSIVE PLAN:
Pursuant to the requirements of Idaho Code section 67-6501 et seq., zoning within the city shall be in accordance with the comprehensive plan adopted by the council on July 24, 2006, and as amended over time. (Ord. 898-08, 9-8-2008)
8-1A-4: APPLICABILITY:
The regulations of this title shall apply and govern development and use of all properties: a) within the corporate limits of the city; and b) within the area of city impact, based on mutual agreement between the city and Ada County.
A. No person or public agency shall construct, alter, or move a structure; or change the use of a structure; or undertake any development unless:
1. The proposed use, structure, division of property, or modification to a division of property complies with this title, is not illegal, and provides safety as defined herein; and
2. Any required approval is first obtained as provided by chapter 6, "Administration," of this title, and any applicable conditions of approval are met.
B. Nothing in this title shall eliminate the need for obtaining any other required permits, including, but not limited to: building permits, plumbing, electrical, or mechanical permits; erosion control, sediment control; occupancy permit; or any permit, approval, or entitlement required by other titles of this code, other political subdivisions of the state of Idaho, or agencies of the state of Idaho.
C. All properties shall comply with the provisions of this title unless otherwise preempted by federal statute or local law statutory ordinance.
D. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this title shall continue until resolved.
E. Any proposed structure for which a building permit has been issued on or before the date of the initial enactment or subsequent amendment of this title may be completed, subject to these conditions: 1) the time limitations otherwise applicable to the permit, and 2) the structure follows the plans and application on which the building permit was granted, notwithstanding that said structure or use does not conform to the provisions of this title. If the structure or use does not comply with the provisions of this title, it may be used in accordance with the plans and application as a nonconforming structure provided for in article B of this chapter. (Ord. 898-08, 9-8-2008; Ord. 1024-22, 9-12-2022)
8-1A-5: INTERPRETATION:
A. Language:
1. Terminology: When used in this title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. The masculine shall include the feminine.
2. General References: "Idaho Code" means the state statutes of the state of Idaho; "this code" means Garden City code; "city" means the city of Garden City; "council" means the Garden City city council; "commission" means the city planning and zoning commission; and "planning official" means the staff person given responsibility for administering this title.
3. Number Of Days: Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Garden City city holiday.
4. Minimum Requirements:
a. Whenever the provisions adopted herein pursuant to the local land use planning act, Idaho Code section 67-6501 et seq., impose higher standards than are required by any other Idaho statute or other local ordinance, the provisions of this title shall govern.
b. When interpreting and applying the provisions of this title, all regulations shall be considered to be minimum requirements, unless stated otherwise.
c. Compliance with the minimum standards does not automatically ensure acceptance of an application by the city. Additional requirements may be added by the decision maker before acceptance in order to implement the purpose of this code, the objectives of the comprehensive plan, or provide for the public health, safety, and general welfare. (Ord. 898-08, 9-8-2008)
5. Defined Terms: Terms defined in chapter 7, article A, "Definitions", of this title shall have their defined meanings when used elsewhere in this title, unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the "Merriam-Webster’s Unabridged Dictionary Of The English Language" shall be considered as providing accepted meanings. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
6. Catchlines: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this title.
7. References To Laws And/Or Regulations: All references to local, state or federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time.
B. District Boundaries: Where the districts designated on the official zoning map are approximately bounded by street lines, alley lines or the subdividing or boundary lines of recorded plats, such lines shall be considered to be the district boundaries. Where, due to the scale or illegibility of the zoning map, or due to the absence of a street, alley or recorded subdividing or plat lines, there is uncertainty, contradiction or conflict as to the intended location of any district boundary, the commission shall have the power and duty of interpreting the intent of the official zoning map to determine and designate the proper location for such district boundary consistent with the intent of this title.
C. Conflicting Provisions:
1. In case of conflict between the text and the maps of this title, the zoning maps shall prevail.
2. If conflicts occur between different provisions of this title, or between this title and other regulations of this code, the most restrictive regulation shall apply.
3. It is not intended that this title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this title imposes a greater restriction upon the use of structures or premises, or upon the height, location or size of structures, or requires larger space than is imposed or required by such easements, covenants, or agreements, the regulations of this title shall govern.
4. Each SAP district includes its own nontransferable set of regulations as identified in chapter 8 of this title, Adopted Specific Area Plan Project Ordinances. If regulations are not specified within the governing specific area plan project ordinance, the other chapters of this title shall be applied.
D. Documents By Reference: Documents incorporated by reference into this title are on file at Garden City city hall. These documents are as follows:
1. The flood insurance rate maps (FIRMs);
2. Comprehensive plan adopted July 24, 2006, and as amended over time;
3. "Garden City Design And Construction Guide", as amended;
4. "Public Works Environmental Protection Policies";
5. The "Garden City Street Light Manual";
6. Adopted street sections or TLIP;
7. Master street plan;
8. Master pathway plan;
9. Capital improvements plan;
10. Riverfront urban renewal project;
11. Garden City public works master plan. (Ord. 898-08, 9-8-2008; Ord. 1043-24, 6-10-2024)