Garden City, ID Zoning Ordinance

Garden City City Zoning Code

CHAPTER 8

3 OVERLAY ZONING DISTRICT REGULATIONS

§ 8-3A-1 ZONING DISTRICTS ESTABLISHED.

The purpose of the overlay districts is to provide an incentive to implement the comprehensive plan and preserve the rights of property owners. The city hereby establishes the following overlay zoning districts:

Neighborhood commercial node (NCN)

Transit oriented development (TOD)

Green Boulevard corridor (GBC)

(Ord. 1024-22, 9-12-2022; Ord. 1016-20, 6-8-2020; Ord. 967-14, 6-9-2014; amd. Ord. 944-12, 5-14-2012; Ord. 898-08, 9-8-2008)

§ 8-3A-2 APPLICABILITY.

The overlay districts may be applied in the geographical or base zoning districts areas identified for each overlay district within the respective article of this chapter. The application of the standards for an overlay district when adopted for a property will be in lieu and/or in addition to the standards in the base zoning district. In the absence of a base zoning district designation an overlay shall become the base zoning designation of record.

(Ord. 944-12, 5-14-2012)

§ 8-3A-3 ALLOWED USES.

Table 8-3A-1 of this section lists allowed uses in the overlay zones.

If a proposed use of property is not specifically listed in table 8-3A-1 of this section, the use shall be prohibited, except if the planning official determines that the proposed use is equivalent to a permitted or conditional use. The planning official's determination shall be based on the criteria set forth in section 8-2B-2 of this title.

For uses that may fall into more than one category, the planning official shall determine the most appropriate category based on the more restrictive standards.

	NCN	TOD	GBC
Accessory use^*	P
Agriculture^*	P
Amusement center^*	P¹
Animal care facility^*	C
Artist studio	P
Bed and breakfast^*	P
Bicycle sales, service, storage, rental	P
Building material, garden and equipment^*	C
Church or place of religious worship^*	C
Club^*	C
Commercial entertainment facility^*	C
Daycare, center^*	P
Daycare, neighborhood^*	P
Daycare, personal^*	P
Drinking establishment, full service^*	C
Drinking establishment, limited service^*	P
Drive-through establishment^*
Dwelling unit, accessory^*	P
Dwelling unit, group	C
Dwelling unit, multiple-family^*	P
Dwelling unit, single-family attached	P
Dwelling unit, single-family detached	P
Dwelling unit, two-family	P
Eating establishment, full service	C
Eating establishment, limited service	P
Equipment rental, sale and service^*
Financial institution^*	P
Food products, small scale processing^*	P
Food store^*	C
Fuel sales^*
Health club^*	C
Healthcare and social service	P
Home occupation^*	P
Hospital^*
Industry, information^*	C
Industry, flex^*
Industry, light^*
Kennel, hobby^*
Laboratory - medical, dental, optical	P
Laundromat, self-service cleaner^*	P
Laundry and dry cleaning, commercial plant
Laundry and dry cleaning establishment	C
Lending institution
Lodging^*	P
Manufactured/mobile home park	C
Mortuary^*	C	C	C
Motorcycle sale, service, storage, rental
Nursery^*	P
Nursing and residential care^*	C
Parking facility	C
Personal service^*	P
Professional service^*	P
Public service facility	C
Public uses	C
Recreational vehicle park^*
Research and development	P	P	P
Retail production	C	C	P
Retail store	P
School^*	C
Service provider^*
Storage facility, self-service
Storage facility or yard^*
Storage yard, commercial recreational vehicle
Temporary use^*	P
Tobacco entertainment facility^*	C
Tobacco retail	P
Vehicle sales and rental^*	C
Vehicle service^*	C
Vehicle washing facility^*
Warehouse and storage, wholesale^*
Wireless communication facility^*

* Indicates uses that are subject to specific land use provisions as set forth in chapter 8-2, article C of this title.

1. Indoor only.

(Ord. 1024-22, 9-12-2022; Ord. 1016-20, 6-8-2020; Ord. 967-14, 6-9-2014; Ord. 944-12, 5-14-2012; Ord. 931-11, 8-8-2011; Ord. 916-09, 9-15-2009; amd. Ord. 905-09, 3-23-2009; Ord. 898-08, 9-8-2008)

§ 8-3D-1 PURPOSE.

The purpose of the neighborhood commercial node (NCN) overlay district is to create a neighborhood center that allows small scale commercial activity and mixed use within walking distance to residential neighborhoods. Specifically, these provisions are intended to:

Provide for small scale and pedestrian oriented retail, office, commercial and residential centers integrated into the existing community;

Create a focal point of vibrancy and activity conveniently located to residential neighborhoods;

Promote efficient and maximum utilization of land for development around major intersections of Adams Street and Alworth Street;

Take advantage of the locational attributes adjacent to and near the Boise River and greenbelt;

Provide a catalyst for redevelopment of adjacent residential and commercial neighborhoods;

Clearly define and activate the public realm and pedestrian activity by locating buildings to form street edges and corners, and locating entrances and windows to activate the street and pedestrian levels;

Protect the health, safety and welfare of existing development;

Ensure that the design of structures and site development is compatible with the intended character of the neighborhood commercial node overlay district; and

Encourage other forms of mobility other than the automobile through a combination of development patterns, uses and flexible parking standards.

(Ord. 898-08, 9-8-2008)

§ 8-3D-2 APPLICABILITY.

The NCN overlay district may be applied along Adams Street and Alworth Street from 36th Street to 51st Street; or any future expansion of Alworth west to Glenwood.

The overlay district shall apply only to areas with the following conditions:

The area is a minimum size of two (2) blocks long and approximately three hundred feet (300') deep on both sides of Adams Street or Alworth Street.

The area includes a through intersecting street with Adams Street or Alworth Street.

The initial property establishing the NCN overlay district is on the corner of Adams Street or Alworth Street and an intersecting street, and is a minimum size of one hundred feet by three hundred feet (100' x 300').

No more than two (2) other NCN overlay districts have previously been established within the area as set forth in subsection A of this section.

The provisions of the district shall apply only when requested by an applicant with ownership interest within the overlay district area. No property owner within the overlay district will be compelled to adhere to the district provisions. At the choice of the property owner, property may develop subject to the requirements of the base zoning district or the NCN overlay district.

Uses and structures existing prior to the adoption of an NCN overlay district or developed in adherence to the base zoning provisions shall be considered conforming uses and structures. Such uses and structures may be expanded or enlarged without regard to the provisions of the NCN overlay.

(Ord. 898-08, 9-8-2008)

§ 8-3D-3 GENERAL PROVISIONS.

Master Site Plan: All neighborhood commercial node (NCN) overlay districts shall be adopted with an approved master site plan as set forth in chapter 8-7, article B, "Description Of Application Requirements", of this title, which shall establish the framework for the design and development of all future improvements within the overlay district.

Dimensional Requirements: After adoption of NCN overlay district and at the request of the property owner, development within the overlay district shall adhere to the dimensional requirements as set forth in this subsection:

Purpose: The purposes of the following dimensional requirements are to create:

Buildings that are of a pedestrian scale with massing at the street and intersections;

Site designs that create a sense of place and setting for pedestrian activity and mobility;

Developments with a seamless interface with the street, sidewalk and public spaces; and

Site designs that minimize the negative effects of motorized vehicle movements and speed.

Exceptions: Exceptions to the dimensional standards are allowed when the building and/or site design meets or exceeds the stated purpose for the standards as set forth above.

Building Footprint: The maximum building footprint should be four thousand (4,000) square feet.

Building Height:

Buildings should be generally two (2) stories in height with three (3) stories encouraged at the corners of street intersections.

Buildings should provide a transition in height to adjacent development outside the overlay district.

Facing Alworth Street and Adams Street, the minimum height should be twenty four feet (24').

The maximum height should be thirty eight feet (38') in the NCN overlay district.

Setbacks:

Structures facing Adams Street and Alworth Street should be set back a maximum of eighteen inches (18") from the front property line.

There is no minimum setback requirement for side yards, perpendicular streets, and rear yards, except a minimum setback to residential properties outside the district should be five feet (5').

The maximum setback for side yards, perpendicular streets, and rear yards should be five feet (5').

Frontage Requirements:

Along Adams Street and Alworth Street, seventy five percent (75%) of frontage shall be occupied by a building.

Along streets perpendicular to Adams Street and Alworth Street, twenty five percent (25%) of the side street frontage should be occupied by a building.

Zone Of Transparency: Sixty percent (60%) of the area on the ground floor area of a building facing Adams Street and Alworth Street should contain windows.

Building Entrances: Primary entrances should face Adams Street and Alworth Street or a pedestrian walkway identified on the circulation plan submitted as part of the master plan.

(Rep. by Ord. 1034-22, 6-12-2023)

Outdoor Speakers: The use or hours of operation of outdoor speakers for amplified sound may be limited by the planning and zoning commission. In setting limits, the commission will be guided by the use of the speakers, the location, and nature of adjoining uses that may be affected by the speaker operations.

(amd. Ord. 1034-22, 6-12-2023; Ord. 898-08, 9-8-2008)