The following use districts are established and shall apply to and govern the use, maintenance or development of any land in the city:

A.

Dual zoned properties (IL-RS or IP-RS). When a lot/parcel is located in an area that is zoned IL-RS or IP-RS, the current/existing use may continue unaltered. Any expansion or redevelopment of the parcel will require a request to rezone to a land use zone that complies with the Nampa Comprehensive Plan future land use map designation for the area in which it is located.

Use Districts

(Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4809, § 1(Exh. A), 6-3-2024)

District land use controls shall be as set forth in the succeeding schedule.

A.

Determining where uses are allowed. To determine in which district a specific use is allowed:

1.

Find the use in one of the groups.

2.

Read across the schedule until either a "P" or "C" appears.

3.

If a "P" appears, the use is a permitted use; if a "C" appears the use is only allowed upon the issuance of a conditional use permit in accordance with the provisions of chapter 25 of this title.

4.

If a "P" or "C" does not appear under a district, that use is not allowed in that district.

5.

Review notes to determine exceptions, requirements and conditions for various uses.

6.

Specific area plans. Properties that lie within the boundary of a specific area plan, as defined in the Nampa Comprehensive Plan, may have permitted or nonpermitted uses that are more restrictive than is listed in the following schedule of land uses. See title 10, chapter 31 for specifics.

B.

Unlisted land uses. The director or his/her designee shall interpret the appropriate district for land uses not specifically listed by determining the district in which similar uses are permitted. Such other similar uses shall not be inconsistent with the purpose of the district, shall not impair the present or potential use of properties in the surrounding areas and shall not have any different or more detrimental effect upon the adjoining neighborhood areas or districts than the specifically listed buildings and uses. When several combined uses exist, or are proposed, the most intensive shall be considered as the primary activity.

When a land use is not listed in the schedule of uses, or it is unclear the category to which it applies, said use may be established or determined to be appropriate by approval of a conditional use permit in accordance with the provisions of chapter 25.

C.

Accessory uses and buildings. Accessory uses in addition to the principal use of the property, are allowed in all zones. Accessory buildings (sheds, etc.) are allowed in addition to a principal use.

1.

In all residential (R) zones, detached accessory structures shall comply with subsection 10-1-7.D.

NAMPA ZONING ORDINANCE
(blank) = Not allowed P = Permitted use C = Conditional use permit required

Residential land use/building occupancy type notes:

1.

Uses normal and incidental to the uses permitted in each respective zoning district. Specific regulations governing certain accessory uses in residential zones are as follows:

a.

See definition of accessory dwelling (residential), detached in chapter 1 of this title.

b.

Height and quantity regulations pertaining to accessory structures shall be as per requirements listed under each zone's regulations in this title except that accessory structures in AG zoned areas shall have no area size limitations.

c.

Shall only be allowed on the same lot/parcel as a single-family detached dwelling unit. Shall not be allowed on a lot/parcel where multiple dwelling units could or already do exist.

2.

A home occupation registration is required.

3.

(Multi-family development — BC and DV zones):

a.

Multi-family residential/commercial development in the DV (downtown village) or a BC (community business) zoning district within 300 feet of Idaho Transportation Department right-of-way, Caldwell Blvd., Garrity Blvd., 12 ^th Ave S, 12 ^th Ave. Rd., Idaho Center Blvd., Franklin Blvd., Northside Blvd. and Karcher Rd. right-of-way:

i.

Any multi-family development with buildings exceeding 30 feet in height:

1.

Shall provide a minimum of five percent of the gross floor space of the proposed building(s) in commercial, on the first floor of the building(s) that is/are closest to the right-of-way. Additional floors may contain residential, office or commercial. Alternatively, a stand-alone commercial/office building can be proposed. The stand-alone commercial pad shall be at least 25 percent of the gross floor space of the proposed building(s), not required to exceed 15 percent of the total development area.

ii.

Multi-family residential development in BC (community business) zoning district that is not within 300 feet of Caldwell Blvd., Garrity Blvd., 12 ^th Ave S, 12 ^th Ave. Rd., Idaho Center Blvd., Franklin Blvd., Northside Blvd. and Karcher Rd. shall be limited to a height of 30 feet maximum.

b.

Multi-family residential structures in a BC (community business) or DV (downtown village) zoning district that exceeds 65 feet in height shall be required to obtain approval of a conditional use permit from the Nampa City Council.

c.

In order to establish BC zoning for a multi-family development, an approved planned unit development (PUD) or master planned community (MPC) is required when the property lies within a "residential mixed use" future land use designation.

4.

(Multi-family development — BN zoning district):

a.

Multi-family residential development in a BN (neighborhood business) zoning district shall comply with the density limitations in the RML zoning district.

5.

Cluster subdivisions in the RS zoning district shall only be within RS4.

6.

Tiny houses as a principal residence shall only be permitted in cluster subdivisions or RV parks. Subdivisions or RV parks with tiny houses are subject to a conditional use permit or planned unit development. See subsection 10-27-4.A.5.I. of this title.

7.

Only one tiny house as an accessory structure shall be permitted per residential lot.

8.

A triplex or fourplex is only permitted in the RD zone if it is within the high density residential land use setting in the comprehensive plan future land use map.

9.

Duplexes in the medium density designation on the future land use map may exceed the gross density in specific instances, see sections 10-8 and 10-10.

10.

Existing single family uses in the RML and RMH zones are permitted. New single family detached residential development shall not be permitted.

Communication, utility and transportation land use/building occupancy type notes:

1.

No vehicle or storage areas in BN or IP zones.

Sporting, recreation, and amusement land use/building occupancy type notes:

1.

Provided the lot area shall be no less than ten acres.

Commercial land use/building occupancy type notes:

1.

Alcohol sales establishment, as a primary use shall be prohibited in or on any parcel or lot that fronts or is otherwise within 300 feet of Garrity Boulevard.

2.

Are prohibited in the city regardless of wherever they are proposed/operated as a "principal" use or as an accessory to another (e.g., in association with a smoke shop).

3.

A meat market that includes a "kill floor" is not permitted.

4.

Drive-throughs shall be permitted for new buildings in the DH zoning district, provided they are replacing an existing building that has a drive-through and provided the land use remains the same.

5.

Shall not include convenience stores with fuel sales, food sales (mobile, restaurant-only establishments, etc.) or general retail. It is intended to provide grocery services in all areas. Residentially zoned parcels of land where these markets are located shall be no greater than ten acres. The building setback in a residential zone shall be a minimum of 100 feet from any residential use and the drive aisle/truck delivery area shall be a minimum of 80 feet from any residential use.

Service and office land use/building occupancy type notes:

1.

Denotes a commercial daycare operation, not a home occupation. All commercial regulations shall apply.

2.

Public storage facilities shall require a conditional use permit from the city council and shall be further required to comply with the design review process, pursuant to title 10, chapter 34, and the regulations found in section 10-1-16 of this title. Public mini-/self-storage facilities' units shall not be used for business operations (e.g., retail sales, car repairs, etc.); nor shall they be used to store illegal, highly flammable or combustible materials/chemicals in quantities not allowed by the fire code; nor shall they be used for residential dwelling purposes.

3.

Multi-level conditioned public self-storage facilities, or those with a building height 22 feet in height or higher, shall require a conditional use permit in the DB, DV, BC, GB1, and GB2 zoning districts and 50 percent of the ground floor square footage shall be provided for retail, office, or restaurant space not related to the operation of the storage facilities. Excepting height restrictions, multi-level conditioned self-storage facilities shall be further required to comply with regulations found in section 10-1-16 of this title. Conditioned multi-level buildings are required to comply with the design review process, pursuant to title 10, chapter 34.

4.

A kennel license is required to operate a noncommercial kennel.

Industrial land use/building occupancy type notes:

1.

Uses normal and incidental to the uses permitted in each respective zoning district.

2.

See section 10-18-7 of this title for warehouse, distribution and wholesale within the IP zone. In IL and GB zones all items shall be enclosed within sight obscuring walls or fences.

3.

See subsection 10-19-3.B of this title.

Animals, care and keeping notes:

1.

Accessory enclosures housing pets or their supplies shall comply with regulations in subsection 10-1-12.A.12 of this title, unless specifically allowed otherwise according to chapter regulations concerning a zone. Accessory enclosures housing agricultural animals or "AG" animals as pets, including apiaries but excluding swine (unless permitted by planning as potbellied pigs), shall comply with regulations in subsection 10-21-2B or section 10-21-3 of this title as appropriate.

2.

Potbellied pigs are only allowed when kept as "pets" as outlined in section 10-21-3 of this title.

3.

Exotic animals shall be dealt with according to regulations in section 10-21-5 of this title.

4.

Refer to chapter 21 of this title for regulations governing keeping certain agricultural animals as pets.

5.

Only allowed on properties with a single-family dwelling unit.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4727, § 1(Exh. A), 4-3-2023; Ord. No. 4777, § 1(Exh. A), 12-18-2023; Ord. No. 4778, § 1(Exh. A), 12-18-2023; Ord. No. 4809, § 1(Exh. A), 6-3-2024; Ord. No. 4843, § 14, 2-3-2025; Ord. No. 4873, § 6, 6-16-2025)

Editor's note— Ord. No. 4777, § 1(Exh. A), adopted December 18, 2023, repealed § 10-3-3, which pertained to PUD subdistricts and derived from Ord. No. 4702, § 1(Exh. A), adopted December 5, 2022.

The geographical boundaries of various districts shall be shown on a zoning map, which map shall be designated as "map of the zoning regulations of the City of Nampa, Idaho." The map sets forth the district classifications applicable to the city. The map is adopted as a part of this title. If a conflict between the map and the text of this title arises, the text shall prevail.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022)

When a lot/parcel has one-half or less of its area in a zone judged by the planning director or his/her designee to be more restrictive in nature (in terms of uses that it allows and setback restrictions it imposes) than the zone which is in the remainder, the planning director or his/her designee may (but shall not be required to) apply the regulations of the more restrictive zone to the entire lot/parcel when in the judgment of the director or his/her designee so doing would provide the best pattern for harmonious development of a property as viewed in conjunction with existing land uses on abutting/adjacent properties. For example, a property split zoned partially BC and predominantly RP may be allowed the uses and standards applicable in the more restrictive RP zone. Rezoning shall be the means used to effectuate a change to that portion of a lot/parcel zoned differently from the balance of that lot/parcel where this regulation is deemed undesirable.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022)

Change in boundaries of districts shall be made by ordinance in accordance with the provisions of section 10-2-3, "Amendments to zoning ordinance and zoning map (rezones)," of this title. The amended maps shall become a part of this title.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022)

When uncertainty exists as to the boundaries of any district as shown on the zoning map the following shall apply:

A.

Where such boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

B.

In the case of unsubdivided property where a zone boundary divides a lot, the location of such boundary, unless the division is indicated by dimensions, shall be determined by the use of the scale appearing on the zoning map.

C.

Where a public street or alley is officially vacated, the zoning regulations applicable to abutting property on each side of the centerline shall apply up to the centerline of such vacated street or alley on each respective side thereof.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022)

Editor's note— Ord. No. 4777, § 1(Exh. A), adopted December 18, 2023, repealed § 10-3-8, which pertained to zoning of annexed areas and derived from Ord. No. 4702, § 1(Exh. A), adopted December 5, 2022.

Legal, nonconforming (a.k.a. "grandfathered") uses or situations shall be considered those wherein a lawful use of land or the physical improvements (i.e., the "site situation") thereon existed on and before April 17, 1989, or prior to a rezone, annexation or zoning code change that occurred subsequent to that date. Thus, although a use or site situation does not currently conform with regulations specified by this title for the district in which such land is presently located, it may be continued subject to the provisions of this section.

A.

Maintenance or expansion of structures occupied by nonconforming uses. Nonconforming use(s) of structures may be maintained subject to the following conditions (provided said structure is not abated or specifically regulated by this and other chapters of this Code):

1.

A nonconforming use of a structure shall not be expanded in any manner except as follows:

a.

Additions or enlargements to a nonconforming structure may be made provided that they cause the structure to be made (more) code compliant (in accordance with the city's adopted building code) and do not have the effect of further reducing zoning code compliance.

b.

Additions or enlargements to existing dwellings, churches and schools if such buildings otherwise conform to the regulations then in effect for the district in which located, including height, yard and area provisions. (Nothing in this section shall be deemed to prevent the repair or maintenance of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety.)

B.

Repair or replacement of structures occupied by or in operation as, nonconforming uses.

1.

Whenever, in any district, a legal nonconforming structure (compliant with city code at time of construction) is damaged or destroyed by fire, explosion, or other casualty, it may be restored or rebuilt to the same dimensions as was originally permitted. Placement of the new structure shall adhere to setbacks and placement standards, to the largest extent possible, unless the planning director or his/her designee, determines a difficulty in structure placement due to site conditions. Any lawful occupancy or use of such structure, or part thereof, which existed at the time of such destruction, may be continued. The rebuild and use of a legal nonconforming structure may occur if such restoration is started within a period of 12 months of such damage or destruction and is completed within 24 months of the date construction began. Two six-month extensions may be requested of and approved by the planning director or his/her designee, at their discretion.

A rebuild letter may be issued as described in Code section 10-24-7.

a.

Any rebuild, restoration, or expansion of a legal nonconforming use or structure shall be subject to the following standards:

i.

Federal approval (FEMA) for structures within a floodway or floodplain.

ii.

Currently adopted standards for design review, landscaping, building code, setbacks (as possible with the planning director's or his/her designee's, discretion to waive), parking, pedestrian improvements, paving, and screening.

C.

Nonconforming use of land in any district.

1.

A nonconforming use of land shall not be expanded (i.e., in its area of effect or noncode compliant condition(s)).

2.

In cases where the nonconforming use of the land is actually a situation where certain site improvements or conditions/situations are either lacking or nonconforming to zoning code, then the property's condition/situation shall be considered eligible for legal nonconforming use status provided extant or deficient improvements were determined to be absent prior to April 17, 1989, or, prior to the enactment of a zoning based law that made them nonconforming, and, that no worsening of their noncompliance is contemplated.

D.

Conversion of one nonconforming use to a different category of nonconforming land use. Conversion of a nonconforming use of the land identified in the table in section 10-3-2 of this chapter to another nonconforming land use type in that same schedule shall not be allowed. This does not preclude, however, the city's recognition of nonconforming aspects of a use (e.g., its past operations, site condition, etc.) being enjoyed by a successor party in interest to the property.

E.

Existing uses; occupancy permit. An occupancy permit is granted hereby, so as to permit the continuation of the particular existing uses of any structure, improvement or premises existing in the respective districts immediately prior to April 17, 1989.

F.

Rezones. Whenever a zone change (i.e., rezone) occurs, any uses or situations that were allowed by an approved conditional use permit in the original zone but could not be applied for under conditional use allowances in the new zone shall be considered legally nonconforming uses or situations but remain subject to the terms and conditions of the conditional use permit. Notwithstanding, such permits shall remain valid for the length of time specified by the commission when they were originally considered or else shall be considered approved indefinitely, unless the conditional use associated with them is revoked.

G.

Abandonment/vacancy. In accordance with state law, the city shall not enact any ordinance or resolution which deprives an owner of the right to use improvements on private property for their designed purpose based solely on the nonuse of the improvements for their designed purpose for a period of ten years or less. Where an owner or his authorized agent permits or allows an approved or unlawful intervening primary use of an/the owner's property, the protection provisions of this section shall be deemed/rendered nonapplicable.

1.

If nonuse of a property or structure continues for a period of one year or longer, the city may, by written request, require that the owner declare their intention with respect to the continued nonuse of the improvements in writing within 28 days of receipt of the request. If the owner elects to continue the nonuse, they shall notify the city in writing of their intention and shall post the property with notice of their intent to continue the nonuse of the improvements. They shall also publish notice of their intent to continue the nonuse in a newspaper of general circulation in Canyon County. If the property owner complies with those requirements, their right to use such improvements in the future for their designed purpose shall continue, notwithstanding any change in the zoning of their property.

2.

If a use has received entitlement or nonconforming use approval or a certificate of occupancy from the Nampa Building Department and the use is not continued for a period of one full year, the owner will be considered to have abandoned their rights to the previous legal nonconforming use. Proof of continuation of the use may be provided as stated in subsection 10-3-9.H of this chapter.

3.

For purposes of this section, "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.

4.

The provisions of this section shall not be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare.

5.

Action by the city to cause a nonconforming use or situation to be eliminated may be pursued when it is believed said use or site situation is/was illegally commenced, operated or utilized. No statute of limitations shall apply to the city in such situations.

H.

Acknowledgment of legal nonconforming use rights. Applications to request the city to recognize/acknowledge legal nonconforming use rights shall be made with the office of the planning and zoning department using a form prescribed by the planning director. The request shall be accompanied by such information as may be required by the director to enable a determination together with a nonrefundable filing fee in an amount established by resolution of the city council.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4777, § 1(Exh. A), 12-18-2023)