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# CC Staff Memo.pdf
- path: CC Staff Memo.pdf
- type: PDF
- pages/slides/sheets: 16
- extraction method: text layer; images and tables transcribed visually from page renders (plan and aerial images on pages 3-8 and 12; parking tables on pages 14-15)
- unreadable pages: none; some fine-print dimension and code strings inside the plan images are below legible resolution (noted inside the [VISUAL TRANSCRIPTION] blocks)

## Page 1

City of Moscow 
Community Development 
Memo 
To: 
Mayor and City Council 
From: Mike Ray, AICP, Planning Manager 
CC:  
Bill Belknap, City Administrator  
 
Nichoel Baird Spencer, Deputy City Administrator 
Date: June 17, 2026 
Re: 
Amendment of Title 4, Chapters 1, 3, 4, and 6 Moscow City Code Regarding the 
Amendment of Certain Definitions, Bed and Breakfast Inns within the Use Table, 
Bulk and Placement Regulations Table, and Off-Street Parking Requirements 
Pertaining to Single- and Two-Family Dwellings 
The City of Moscow Community Development Department over the past few years 
has observed the evolution of building plans being submitted for two-family dwellings 
which increasingly have multi-family elements. The City has received building 
permits for the construction of buildings that are portrayed as two-family dwellings, 
but which appear to contain multiple individual dwelling units intended to be rented as 
separate dwelling units and function as multiple family dwelling units. These multi-
family-like but portrayed as two-family dwellings appear to be intentionally intended 
to avoid life safety, ADA accessibility, and off-street parking that would otherwise be 
required for multi-family dwelling units to protect the health, safety and welfare of the 
occupants of multi-family dwellings and mitigate the impacts of the use upon the 
surrounding neighborhood.  
 
Multi-family dwellings are required to install fire alarm and fire suppression systems, 
provide ADA accessible units with accessible site amenities, have greater off-street 
parking requirements, and include common open space. Two-family dwellings have 
no fire alarm or suppression requirements, are not subject to ADA requirements, and 
have much lower off-street parking requirements.  
 
Staff and the Planning and Zoning Commission have identified the need to protect the 
safety of the residents of these multi-family-like dwellings and the need to mitigate 
their impact upon adjacent properties and neighborhoods. This memo will provide a 
background on code requirements, types of plans which have been submitted, and the 
changes which are being proposed to address this issue.  
 
Fire Alarm and Fire Sprinkler Requirements 
The Planning and Zoning Commission has been discussing this issue for the past five 
months and there has been some discussion about just requiring fire alarm and fire

## Page 2

 
2 
sprinklers in two-family dwellings. The issue is that the State of Idaho requires 
municipalities to adopt the building codes which are adopted by the state. Multi-family 
and commercial buildings are covered by the 2018 International Building Code (IBC), 
which allows municipalities to adopt stricter standards. However, the 2018 
International Residential Code (IRC) covers single- and two-family dwellings and 
municipalities are permitted to adopt stricter standards only in certain chapters. 
Currently, fire sprinkler systems and/or fire alarm systems are not required for single- 
and two-family dwellings and municipalities are not allowed to adopt stricter standards 
which would require their installation.  
 
Pertinent Existing Definitions Within Moscow City Code 
Moscow City Code provides definitions of permitted structures and uses including: 
 
Dwelling, Two Family (MCC 4-1-6.D.49) - A building containing two (2) kitchens 
and designed to be occupied by two (2) families living independently of each other. 
 
Dwelling Unit (MCC 4-1-6.D.51) - A building or portion thereof providing complete 
housekeeping facilities for one (1) family. The term "dwelling" shall not be deemed 
to include motel, hotel, tourist home, bed and breakfast inn, or boarding house. 
 
Dwelling, Multi-Family (MCC 4-1-6.D.50) – A building designed to house three (3) 
or more families living independently of each other and having one (1) yard in 
common. 
 
Family (MCC 4-1-6.D.56) - a. For purposes of this “family” definition: 
(1) “related” shall mean persons related by blood, marriage, adoption, and/or 
guardianship or other duly authorized relationship, and  
(2) “family” shall not mean any society, club, fraternity, sorority, association, lodge, 
federation, bed and breakfast inn, boarding house, residential rental unit, or other like 
use or organization, and  
(3) there shall be no more than one (1) “family” per dwelling unit, unless otherwise 
permitted by this Code.  
(4) “living together as a single housekeeping unit” shall mean where all occupants 
of the dwelling unit enjoy a common right to use the entire dwelling, despite informal 
arrangements among members to designate certain areas as individual sleeping 
spaces, and where such persons share household living arrangements, including, 
but not limited to, rental or mortgage payments, utility payments, groceries, chores, 
maintenance of the premises, and common sanitary, living, and cooking supplies 
and/or facilities.  
(5) “related by blood” shall mean persons related in any combination of the following: 
parents, step-parents, children, step-children, siblings, step-siblings, half-siblings, 
uncles, aunts, nephews, nieces, grandparents, grandchildren, great grandparents, 
great grandchildren, and first cousins.  
b. One (1) or more related persons living together as a single housekeeping unit in a 
dwelling unit; or  
c. Not more than four (4) persons living together as a single housekeeping unit in a 
dwelling unit, when one (1) or more of them is not related to any other person in such 
dwelling unit; or

## Page 3

 
3 
d. Two (2) persons who are not related and any number of additional persons related 
to either of such two (2) unrelated persons, as long as all persons are living together 
as a single housekeeping unit in such dwelling unit; or  
e. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly 
persons reside; and which is supervised. Resident staff, if employed, need not be 
related to each other or to any of the mentally or physically handicapped or elderly 
persons residing in the home. No more than two (2) such staff shall reside in the 
dwelling at any one (1) time 
 
Kitchen (MCC 4-1-6.D.76) - Any rooms used or intended or designed to be used for 
cooking and/or preparation of food. 
 
Two-Family Dwelling Plan Sets 
Below are three sets of building floor plans which show the progression from a 
standard two-family dwelling to dwellings which are being portrayed as two-family 
dwellings but function as multi-family dwellings. Plan Set 1 depicts a standard floor 
plan for a two-family dwelling which is typically submitted to the Community 
Development Department for review. The first floor contains common areas which 
include a living room, dining room, kitchen, and bathroom. When you enter the 
dwelling you enter the common open living room with an office and an open stairwell 
in close proximity. There is also a one car garage with one parking space in the 
driveway located on the first floor. The second floor contains an open hallway and 
landing at the top of the stairs which provides access to three bedrooms, two 
bathrooms, and a laundry room. You can see that complete housekeeping facilities are 
provided in an open arrangement where all occupants of the dwelling unit enjoy a 
common right to use the entire dwelling, as is currently required per code.  
 
Plan Set 1: Typical Two-Family (Duplex) Dwelling

[VISUAL TRANSCRIPTION - Plan Set 1 image, First Floor plan. Two mirrored dwelling units share a center wall. Caption below the image: "First Floor".
Red overlay labels added by staff: Dining, Kitchen, Garage, Living Room, Office, Entry (left unit); Garage, Kitchen, Dining, Living Room, Office, Entry (right unit).
Printed drawing labels, mirrored in each unit: OPEN HANGING STORAGE; BUILT-IN BENCH; MUD ENTRY; 20 MIN RATED W/ CLOSER (garage door note); (1) CAR GARAGE; 36" RANGE TOP 100 CFM INTERMITTENT OR 25 CFM CONTINUOUS EXHAUST FAN; DISHWASHER; FRIDGE; WALL CABINET; HALL; PANTRY; P.R.; E.F. 50 CFM; GFCI; BUILT-IN DINING HUTCH; BUILT-IN MEDIA CENTER W/ STORAGE; GAS FIREPLACE 30K BTU; LIVING ROOM; CRAWL ACCESS 18" x 24" MIN; H.W. TANK; COAT STORAGE; (16) RISERS @ 7 5/8" W/ 11" TREAD (stair note); HALF WALL; OFFICE / DEN; ENTRY; ENTRY CLOSET; SURFACE MOUNTED; sheet reference bubble 5 / A-2 at the center wall.
Door and window size codes visible: 6/0 6/8; 3/0 6/8; 2/6 6/8; 2/4 6/8; 2/2 6/8; 2/0 6/8. Legible dimension strings include: 12'-2"; 7'-4 1/2"; 3'-1"; 4'-6"; 5'-9"; 3'-8 1/2"; 2'-3"; 4'-0"; 4'-1 1/2"; 2'-10 1/2"; 7'-10"; 3'-1 1/2"; 3'-6"; 6"; 8'-7"; 16'-6". Smaller strings are below legible resolution; items transcribed from fine print may be partially legible.]

## Page 4

[VISUAL TRANSCRIPTION - Plan Set 1 image, Second Floor plan. Two mirrored dwelling units share a center wall. Caption below the image: "Second Floor".
Red overlay labels added by staff, per unit: Bedroom (three), Hall, Bath (two).
Printed drawing labels, mirrored in each unit: BEDROOM (three rooms); BEDROOM CLOSET; EQ / EQ; FOLDING COUNTER; GFCI; STACK WASHER DRYER; LAUNDRY; WHF 100 CFM; HALL; LINEN CLOSET; HALL BATH; E.F. 50 CFM; FURNACE; MECH; WALK-IN CLOSET; PRIMARY BEDROOM; BATH; DN; (16) RISERS @ 7 5/8" W/ 11" TREAD (stair note); SD symbols (octagons) in the bedrooms and hall; PARTY WALL FRAMING TO BE CONTINUOUS VERTICALLY TO BOTTOM OF ROOF DECK (center wall note); sheet reference bubble 5, 6 / A-2.
Door codes visible: 5/0 6/8; 2/6 6/8; 2/4 6/8. Legible dimension strings include: 6'-6"; 3'-6"; 7'-5"; 2'-6"; 5'-1"; 3'-1"; 2'-11"; 2'-8 1/2"; 4'-4"; 4'-1"; 2'-0". Smaller strings are below legible resolution; items transcribed from fine print may be partially legible.]

 
4 
 
 
*Note: The red text is just labeling the areas and rooms which the applicants have 
labeled on their plans in a way that can be read at this small of scale. 
 
The next set of plans in Plan Set 2 below is a multi-family-like dwelling which is being 
portrayed as a two-family dwelling. The main entry to the structure is on the first floor 
and you immediately enter onto the landing of a stairwell. You can either go upstairs, 
downstairs to the basement, or pass through an opening the width of a standard door 
to enter the area with a kitchen, bathroom, and rooms labeled as dining and living 
rooms. The area downstairs is labeled as a bedroom and is accessed via the common 
stairwell through a closeable door. The entire area is labeled as a bedroom even though 
the footprint is identical to the area on the first floor labeled as living, kitchen, and 
dining. There are countertops/cabinetry, a sink, washer/dryer, and a bathroom. The 
galley area which contains the countertops/cabinetry, sink, and washer and dryer 
separates the two rooms on either side which both meet the building code definition of 
a bedroom.  
 
The second, third, and fourth floors of the structure are all identical to the area labeled 
as a “bedroom” in the basement. All contain countertops/cabinetry, a sink, 
washer/dryer, and a bathroom. All it would take is plugging in a refrigerator and a 
cooking device such as a hotplate and these “bedrooms” are individual dwelling units 
with complete housekeeping facilities with separate access via a stairwell.  
 
If you were to make a comparison of the off-street parking requirements for a two-
family dwelling as opposed to a multi-family dwelling, you will see that the 
requirements are far less for a two-family dwelling. The parking requirements for two-
family dwellings is 2 spaces plus 1 for every bedroom in excess of 4 bedrooms. The 
parking requirements for multi-family dwellings as they relate to this structure would

## Page 5

 
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be 1.25 spaces per studio or 1-bedroom apartment. Plan Set 2 as submitted as a two-
family dwelling would require 4 parking spaces. Plan Set 2 classified as a multi-family 
dwelling where each “bedroom” is a separate dwelling unit would require 13 spaces. 
The way these “bedrooms” are being used as separate dwelling units creates 10 
apartments with only 4 off-street parking spaces. The structure is being used as 10 
dwelling units when it was only intended to have 2 dwelling units.  
 
 
Plan Set 2: Multi-Family-Like “with Bedrooms” Dwelling Portrayed as a Two-Family 
Dwelling

[VISUAL TRANSCRIPTION - Plan Set 2 images, Basement plan and First Floor plan side by side. Captions below the images: "Basement" and "First Floor". Colored outline boxes mark the unit areas (yellow and red on the Basement; blue and orange on the First Floor).
Basement, red overlay labels: Stair-well, Bedroom, Bath (left unit); Bath, Bedroom, Stair-well (right unit).
Basement, printed labels: STORAGE, a second line [illegible], 44 SQ FT; STAIRWELL; UP; BEDROOM (left unit; the dimension line below the label is illegible); BEDROOM (right unit; the dimension line below the label is illegible); STORAGE 6'-8" X 5'-2" 48 SQ FT; one E15 direction marker in the left unit only (the right unit has none); two circled equipment labels near the stairs [partially legible; read as WH and HW]; window markers labeled 2000.
Basement, legible dimension strings include: 14'-6" (left unit top width); 14'-6" (right unit bottom width); 9'; 2'.
First Floor, red overlay labels: Living, Stair-well, Entry, Kitchen, Bath, Dining (left unit); Dining, Bath, Entry, Stair-well, Kitchen, Living (right unit).
First Floor, printed labels: LIVING 15'-0" X 11'-1" 164 SQ FT (both units); DINING 15'-0" X 9'-6" 142 SQ FT (right unit); DINING 15'-0" X 9'-6" (left unit; the area line is covered by the overlay label); KITCHEN 7'-8" X 20'-5" 134 SQ FT (left unit); KITCHEN 15'-4" X 20'-5" 253 SQ FT (right unit) [middle digit of the area partially legible]; STAIRWELL (both units); UP; window markers labeled 2000.
First Floor, legible dimension strings include: 7'-9" (kitchen, both units); 8'; 2'-0". Smaller strings are below legible resolution.]

## Page 6

[VISUAL TRANSCRIPTION - Plan Set 2 images, Second Floor, Third Floor, and Fourth Floor plans. Captions below the images: "Second Floor", "Third Floor", "Fourth Floor". Colored outline boxes mark the unit areas.
Second Floor, red overlay labels: Stair-well, Bedroom, Bath (left unit); Bath, Bedroom, Stair-well (right unit).
Second Floor, printed labels: BEDROOM 15'-0" X 25'-8" 434 SQ FT (left unit); BEDROOM 15'-0" X 25'-8" 439 SQ FT (right unit); STAIRWELL (both units); UP; E15 direction marker; window markers labeled 2000. Legible dimension strings include: 9'-6 1/2"; 8'; 5'; 2'.
Third Floor, red overlay labels: Stair-well, Bedroom, Bath (left unit); Bath, Bedroom, Stair-well (right unit).
Third Floor, printed labels: BEDROOM 15'-0" X 25'-8" (left unit; the area figure is partially covered by the overlay label); BEDROOM 15'-0" X 25'-8" 439 SQ FT (right unit); STAIRWELL 6'-11" X 9'-11" 68 SQ FT (left unit); STAIRWELL 6'-11" X 10'-10" 75 SQ FT (right unit); UP; E15 direction marker; window markers labeled 2000. Legible dimension strings include: 9'-6 1/2"; 7'; 7'-9"; 7'-4 1/2"; 8'; 5'; 14'-3 1/2".
Fourth Floor, red overlay labels: Stair-well, Bedroom, Bath (left unit); Bath, Bedroom, Stair-well (right unit).
Fourth Floor, printed labels: SLIGHT SLOPE (two roof notes with arrows); BEDROOM 15'-0" X 25'-8" 439 SQ FT (both units); STAIRWELL 6'-11" X 9'-9" 67 SQ FT (left unit); STAIRWELL (right unit); UP; DN; E15 direction marker; window markers labeled 2000; exterior stair runs drawn at the left and right edges with UP and DN arrows. Legible dimension strings include: 9'-6 1/2"; 7'; 7'-9"; 7'-9 1/2"; 8'; 5'; 14'-3 1/2". Smaller strings are below legible resolution; items transcribed from fine print may be partially legible.]

 
6 
 
 
 
 
*Note: The red text is just labeling the areas and rooms which the applicants have 
labeled on their plans in a way that can be read at this small of scale.

## Page 7

 
7 
The last set of plans in Plan Set 3 below are similar to Plan Set 2 but have further 
evolved into a multi-family dwelling. The main entry to the structure is on the first 
floor and you immediately enter onto the landing of a stairwell. There are two doors to 
the left and on the right which access two rooms labeled as bedrooms. These bedrooms 
have countertops/cabinetry, a sink, refrigerator, washer/dryer, microwave, and a 
bathroom. Heading up the stairwell to the second floor there are another set of rooms 
labeled as bedrooms separated by doors which each include countertops/cabinetry, a 
sink, refrigerator, washer/dryer, microwave, and bathroom. The third floor is also 
accessed via the common stairwell and provides access through a door to a room 
labeled as a bedroom which also contains everything the other bedrooms have. The 
difference between the third floor and the other two floors is that there is a 6ft by 7ft 
room with a door adjacent to the stairwell landing which is labeled as a kitchen and 
contains a stove, refrigerator, and a sink. It is clear that the “kitchen” was placed 
directly adjacent to the stairwell in an attempt to satisfy the requirement that all 
occupants live together as a single housekeeping unit sharing common sanitary, living, 
and cooking facilities.  
 
 
Plan Set 3: Multi-Family-Like “Studio” Dwelling Portrayed as a Two-Family 
Dwelling

[VISUAL TRANSCRIPTION - Plan Set 3 image, First Floor plan. Caption below the image: "First Floor". Colored outline boxes (yellow, red, orange, green) mark four room areas around two center stairwells.
Red overlay labels added by staff: Bedroom (four corner rooms); Bath (four, at center); Entry (two); Stair-well (two).
Printed labels: UP (both stairwells); a multi-line stair note in each stairwell [illegible]; diamond-shaped markers at windows; window/door size codes and dimension strings are present throughout but below legible resolution.
Each corner room contains a drawn bathroom (tub, toilet, sink) and a galley wall with counter and fixture symbols. No printed room-name labels are legible in the drawing itself.]

## Page 8

[VISUAL TRANSCRIPTION - Plan Set 3 images, Second Floor and Third Floor plans. Captions below the images: "Second Floor", "Third Floor".
Second Floor, red overlay labels: Bedroom (four corner rooms); Bath (four, at center); Stairwell (two).
Second Floor, printed labels: UP (both stairwells); diamond-shaped markers at windows; dimension strings and size codes below legible resolution.
Third Floor, red overlay labels: Kitchen, Bath, Stairwell, Bedroom (left unit); Bedroom, Stairwell, Bath, Kitchen (right unit).
Third Floor, printed labels: DN (both stairwells); 200A Load Center (arrow note in each kitchen area); diamond-shaped markers at windows; dimension strings mostly below legible resolution [strings that read 17'-1 1/8" and 10'-10" are partially legible].
Each third-floor kitchen is a small room beside the stairwell landing drawn with a range, sink, and counter. The large rooms contain drawn baths and galley walls with counter and fixture symbols.]

 
8 
 
 
 
*Note: The red text is just labeling the areas and rooms which the applicants have 
labeled on their plans in a way that can be read at this small of scale.

## Page 9

 
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The way that these structures have continued to evolve as shown in Plan Set 2 and 
Plan Set 3 indicates that the areas labeled as bedrooms are clearly individual dwelling 
units with full housekeeping facilities intended to be occupied independently, with the 
only shared areas being stairwells. These structures, as designed, contain four to five 
separate dwelling units per “side” of the duplex, each containing separate food 
preparation areas, separate toilets and shower facilities, separate laundry facilities, 
separate refrigerators, separate ingress and egress, and the only shared common area 
is a stairwell providing independent access to each “unit” in the same fashion as any 
other apartment building. In the case of Plan Set 3, it is difficult to imagine how a 
single dwelling unit for a family to reside as a single housekeeping unit would require 
six kitchen sinks, six refrigerators, five clothes washers and dryers, and five bathrooms. 
 
Staff recognizes that there is a need for additional housing within the City, but that 
shouldn’t come at the detriment to the safety of the residents of these multi-family-like 
dwellings and the need to mitigate their impact upon adjacent properties. Therefore, 
staff and the Planning and Zoning Commission have worked to identify the need to 
amend certain definitions, ensure there is adequate open space, and require sufficient 
parking to serve each development.  
 
Amendments to Definitions (MCC 4-1-6) 
The first proposed definitional change is to Bedroom (MCC 4-1-6.D.17), with the 
proposed modifications: 
 
Bedroom.  A room within an apartment unit other than a living room, kitchen, 
bathroom, eating area or utility room which may be used for sleeping purposes. A 
room other than a living room, kitchen, or bathroom containing an egress window 
and a minimum of seventy (70) square feet of floor area with no horizontal 
dimension less than 7 feet. Sinks, final or rough-in plumbing, or other plumbing 
features that could be reasonably expected to permit or allow for the installation of 
a sink, shall not be permitted within any bedroom. All bedrooms shall be accessed 
from common areas within the dwelling such as a living room or kitchen and shall 
not be designed in a manner which would allow independent occupancy unless 
otherwise permitted by this code. 
 
The bedroom definition is essentially adopting the current building code definition of 
a bedroom and then specifying that there shall be no sinks or features which would 
allow the installation of a sink in the future. As was detailed above in Plan Set 1 and 
Plan Set 2, sinks are being proposed in each bedroom which then combined with 
counters/cabinetry, refrigerators, and a cooking device end up creating a food 
preparation area. Also proposed within the bedroom definition is the requirement that 
all bedrooms shall be accessed from common areas of the dwelling so that they are not 
designed in a manner which would allow independent occupancy. This addition is 
intended to address the observance of bedrooms which are only accessed via stairwell 
with direct access to the exterior of the structure being included in plan sets.   
 
The next definition proposed to be amended is Single Family Dwelling (MCC 4-1-
6.D.46), with the proposed changes:

## Page 10

 
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Dwelling, Single Family.  A detached building or manufactured home containing 
one (1) kitchen designed for, and occupied exclusively by, one (1) family. A second 
kitchen may be permitted with a recorded deed restriction, so long as the property 
is used as a single-family dwelling only with no physical separation established to 
separate living quarters within the dwelling which would allow the structure to be 
used and occupied by two families living independently of each other. The 
classification “single family dwelling” shall include any home in which eight (8) or 
fewer unrelated mentally and/or physically handicapped or elderly persons reside; 
and which is supervised.  Resident staff, if employed, need not be related to each 
other or to any of the mentally or physically handicapped or elderly persons residing 
in the home.  No more than two (2) such staff shall reside in the dwelling at any one 
(1) time. 
 
The changes to the single-family dwelling definition specify that the building contains 
one kitchen and also adds an allowance for a second kitchen so long as there is a 
recorded deed restriction and the property is still used as a single-family dwelling with 
no physical separation established to separate living quarters. The second kitchen 
allowance has been a longstanding policy in the Planning Department which is now 
being codified.  
 
The next definition proposed to be amended is Dwelling Unit (MCC 4-1-6.D.51), with 
the following changes:  
 
Dwelling Unit.  A building or portion thereof providing complete housekeeping 
facilities for one (1) family. Housekeeping facilities provide permanent provisions 
for living, sleeping, eating, cooking, and sanitation, and shall be limited to one (1) 
kitchen and two (2) washer and dryer sets per dwelling unit unless otherwise 
permitted by this Code. The term "dwelling" shall not be deemed to include motel, 
hotel, tourist home, bed and breakfast inn, or boarding house. 
 
A dwelling unit is a building or portion thereof providing complete housekeeping 
facilities for one family. A description of the term housekeeping facilities is being 
inserted with the limitation that each dwelling unit only contains one kitchen and two 
sets of washer and dryers unless otherwise permitted by the code. In staff’s analysis of 
the building permits over the past two years, there were three large single-family 
houses which contained two sets of washer and dryers, so the Planning and Zoning 
Commission decided to propose a limitation of two sets instead of just one set.  
 
Functional Open Space (MCC 4-1-6.D.61) is the next definition proposed to be 
amended as follows:  
 
Functional Open Space.  Land within a development which is permanently reserved 
as open space, free from permanent structures, useful for recreational or social use 
by the residents of the development, or others; such space shall not include streets, 
roadways or parking areas. Such space shall be located on grade and may be 
provided via a private yard, deck, or patio area. Functional open space shall not 
include parking areas or required landscape buffers and the smallest dimension of 
such open space shall not be less than fifteen feet (15’).

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The definition of functional open space is proposed to be expanded to specify that the 
open space needs to be located upon grade, can’t include parking areas or required 
landscape buffers and the smallest dimensions can’t be less than fifteen feet. Since the 
existing definition of functional open space has been so vague, open space provided 
for primarily multi-family development has typically ended up in small pieces 
scattered throughout the development. This amendment, especially with the minimum 
dimension of fifteen feet, will ensure that the open space provided for a development 
is actual functional for the residents.  
 
The final definition proposed to be amended is Kitchen (MCC 4-1-6.D.76), with the 
following changes presented to the Planning and Zoning Commission on May 13, 
2026 :  
 
Kitchen.   Any rooms used or intended or designed to be used for cooking and/or 
preparation of food. That portion of a dwelling devoted to the preparation or 
cooking of food for the purpose of consumption by residents of the dwelling 
unit.  Any room or area with a combination cooking (i.e. Stove, oven, hot plate, 
burner, and/or microwave oven), food storage or assembly (i.e. counters, cabinets, 
storage, and/or refrigeration), sinks or plumbing stubs, above counter outlets, 
natural gas stubs, and/or 220-volt electrical wiring is a kitchen for the purpose of 
this code. 
 
Since the public hearing before Planning and Zoning Commission, the definition of 
Kitchen has been amended to the following:  
 
Kitchen.   Any rooms used or intended or designed to be used for cooking and/or 
preparation of food. That portion of a dwelling unit devoted to the preparation or 
cooking of food for the purpose of consumption by residents of the dwelling unit. 
For the purposes of this Code a kitchen is a food preparation area containing 
cabinetry and/or countertops, a sink, and one or more of the following: a 
refrigerator, cooking device, dishwasher, a natural gas stub or supply, or a 220-volt 
electrical outlet/wiring. 
 
The reason for the amendment was concern that individual elements such as a 
refrigerator which are shown on plans would constitute a kitchen. Therefore, the 
definition has been amended prior to advancing to City Council.  
 
The current definition of kitchen is vague and just states that any rooms used or 
intended or designed to be used for cooking and/or the preparation of food is a kitchen. 
Since many of the definitions in the zoning code reference the term kitchen and there 
are different components of a kitchen being shown in bedrooms on plans which are 
being submitted, it was critical to further define what a kitchen is. Generally, there is 
cabinetry and/or countertops, a sink, and some combination of one or more of the 
following elements: a refrigerator, cooking device, dishwasher, a natural gas stub or 
supply, or a 220-volt electrical outlet/wiring. This detailed definition will help to 
clarify what constitutes a kitchen so that the zoning code is applied in an equitable 
manner.

## Page 12

 
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Multiple Single- and Two-Family Dwellings on Single Lots 
Within the Medium Density Residential (R-3) Zone, Multiple Family Residential (R-
4) Zone, and Residential Office (RO) Zone, more than one structure is permitted per 
lot so long as the minimum lots size requirements can be met. This has led to properties 
primarily located in the Almon/Asbury area to be redeveloped with multiple single- 
family or two-family dwellings per lot. These properties function much like a multi-
family development but aren’t required to meet multi-family site design requirements 
because they are still just single- and two-family dwellings, even though there are 
multiple dwellings on an individual lot. In some circumstances, this has allowed the 
development of up to four or more structures on one lot which are placed six feet away 
from each other to meet minimum building code requirements. This type of 
development typically has multiple driveways with tandem parking and minimal 
functional open space. Below is an aerial image of the Almon/Asbury area which 
shows this development pattern.  
 
 
Aerial showing Almon/Asbury area  
 
[VISUAL TRANSCRIPTION - Aerial photograph with parcel boundary lines. Caption below the image: "Aerial showing Almon/Asbury area".
Street and alley labels printed on the image: ALLEY GRAVEL (left); ASBURY ST (center); ALLEY GRAVEL (center right); ALMON ST (right); FOURTH ST (cross street, lower left); ALLEY GRAVEL (lower left).
The photograph shows the blocks between Asbury Street and Almon Street. Multiple long structures stand on single lots. Rows of vehicles park in driveways and along the gravel alleys.]

Since these developments with multiple structures on individual lots largely function 
as multi-family developments, amendments are proposed to treat them as such. As was 
discussed previously, the definition of functional open space is proposed to be 
amended to require at least fifteen feet of width in the open space area. This will require 
actual functional open space to be developed as part of these developments. An 
additional change to functional open space is to require open space in the R-3 Zone, 
which currently is not a requirement.  
 
There are certain design requirements for parking lots and spaces which are proposed 
to be amended to address multiple structures on individual lots. Currently, parking lots

## Page 13

 
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and spaces shall be designed such that their use will not require backing movements 
or other maneuvering within a street right of way (MCC 4-6-2.A.6.d).  However, 
parking spaces provided for single- and two-family dwellings are exempt from this 
requirement, unless the street being accessed is a designated arterial street. An 
exception to the exemption is being proposed where there is more than one detached 
single-family dwelling or two-family dwelling upon a single lot. So, lots with multiple 
structures on a single lot will need to contain all the vehicle maneuvering to the site 
and will not be permitted to reverse back out onto a street. Reversing back onto an 
alley and using an alley as the travel aisle for parking lots or parking spaces will still 
be permitted. 
 
The next proposed change within the parking lot design requirements is the section 
which addresses tandem parking (MCC 4-6-2.A.6.e). Currently, parking lots and 
spaces shall be designed such that a vehicle shall not be required to cross another 
parking space to gain access to a required parking space (tandem configuration) except 
for parking spaces serving single-family, two-family, twinhome, and townhouse 
dwellings. Tandem parking is only permitted for multi-family under the following 
conditions: 
 
i. The purpose of the parking design is to provide enclosed garages for the multi-
family dwelling resident use; 
ii. The tandem parking spaces (the parking space within the garage and in front 
of the garage) are assigned and furnished for use by the occupants of a single-
family dwelling unit without separate, additional compensation; and 
iii. No more than fifty percent (50%) of the required parking may be provided in 
a tandem configuration. 
 
The changes proposed in this section are to state that the parking serving more than 
one detached single-family dwelling or two-family dwelling upon a single lot shall not 
be permitted to be in a tandem configuration, except as provided under the conditions 
listed above for multi-family dwellings. So, essentially just treating multiple single- or 
two-family dwellings upon a single lot as multi-family for the purposes of tandem 
parking requirements.  
 
The next area where amendments are being proposed is the off-street parking schedule 
which sets standards for compact spaces, fractional requirements, area calculation, and 
specific zone exceptions (MCC 4-6-2.E). A Bedroom Calculation section is proposed 
to be added within the off-street parking schedule which clarifies how bedrooms are 
calculated for the purpose of determining the off-street parking requirements. The 
proposal is to specify that any separate room which meets the definition of bedroom, 
which could legally be used as a bedroom, regardless of whether such room is labeled 
as a den, study, office, or similar, shall be counted as a bedroom for the purposes of 
parking calculation. Rooms that meet the definition of a bedroom which are separated 
by a narrow corridor that could allow for the separation of the areas into individual 
bedrooms shall each be counted as a bedroom for the purposes of parking calculation. 
How the majority of the off-street parking requirements are calculated for residential 
uses is based upon bedrooms. Plans have been submitted for single- and two-family 
dwellings which clearly have rooms which meet the definition of a bedroom per the

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building code but are labeled as another type of room to avoid additional off-street 
parking requirements. This clarification is not about increasing parking requirements, 
it’s about being able to administer the parking requirements in an equitable manner. 
One set of plans should not be able to utilize a parking reduction by simply labeling 
bedrooms as another type of room and then using those rooms as bedrooms.  
 
The final area related to off-street parking that is proposed to be amended is MCC 4-
6-2.E.6 which is the off-street parking table which lists the number of automobile 
parking spaces required by use of building or site. Below are two tables, one with the 
current residential parking requirements and the second with the proposed changes. 
The only changes which are being proposed are to twinhomes and townhouses which 
currently just have a set off-street parking requirement of two spaces per dwelling unit. 
Plans have been submitted for twinhomes and townhouses which contain up to eight 
bedrooms in each dwelling unit but still would only require two parking spaces. 
Therefore, all residential types except for multi-family are proposed to be two off-street 
parking spaces per dwelling unit, plus one per bedroom in excess of four bedrooms. 
This change would align twinhomes and townhouses how single- and two-family 
dwellings are currently calculated.  
 
Current Residential Off-Street Parking Requirements  
 
 
 
 
 
 
 
 
[VISUAL TRANSCRIPTION - table transcribed from a rendered image of page 14; row-to-value association verified against the table graphic.]

| RESIDENTIAL USES | Minimum Number of Automobile Parking Spaces Required² |
| --- | --- |
| **Dwellings in Residential Zones** | |
| Single Family (up to 4 unrelated individuals) | 2 per du, plus 1 per bedroom in excess of 4 bedrooms |
| Two Family | 2 per du, plus 1 per bedroom in excess of 4 bedrooms |
| Twinhome | 2 per dwelling unit |
| Townhouse | 2 per dwelling unit |
| Single Family (up to 6 unrelated individuals) | 2 per du, plus 1 per bedroom in excess of 4 bedrooms |
| Multiple Family (3 or more units) | Studio or one bedroom: 1.25 per du<br>Two bedroom: 1.75 per du<br>Three or more bedroom: 0.75 per bedroom |
| Mobile Home Parks | 2 per mobile home |
| **Group Living** | |
| Boarding House (occupied by owner, up to 6 boarders) | 2 per du, plus 1 per bedroom in excess of 4 bedrooms |
| Dormitories | 1 per 2 occupants based upon anticipated max occupancy |
| Fraternity, Sorority, and Cooperative Houses | 1 per 2 occupants based upon anticipated max occupancy |
| **Accessory Uses** | |
| Accessory Dwelling Unit | 1 in addition to principal structure requirements |

## Page 15

 
15 
Proposed Residential Off-Street Parking Requirements  

[VISUAL TRANSCRIPTION - table transcribed from a rendered image of page 15; row-to-value association verified against the table graphic. In the image, the value for the first five dwelling rows is one merged cell. It spans Single Family (up to 4 unrelated individuals) down through Single Family (up to 6 unrelated individuals). It is printed as red underlined text, which marks the proposed change.]

| RESIDENTIAL USES | Minimum Number of Automobile Parking Spaces Required² |
| --- | --- |
| **Dwellings in Residential Zones** | |
| Single Family (up to 4 unrelated individuals) | 2 per du, plus 1 per bedroom in excess of 4 bedrooms (one merged cell; spans this row and the next four rows; red underlined proposed text) |
| Two Family | (covered by the merged cell above) |
| Twinhome | (covered by the merged cell above) |
| Townhouse | (covered by the merged cell above) |
| Single Family (up to 6 unrelated individuals) | (covered by the merged cell above) |
| Multiple Family (3 or more units) | Studio or one bedroom: 1.25 per du<br>Two bedroom: 1.75 per du<br>Three or more bedroom: 0.75 per bedroom |
| Mobile Home Parks | 2 per mobile home |
| **Group Living** | |
| Boarding House (occupied by owner, up to 6 boarders) | 2 per du, plus 1 per bedroom in excess of 4 bedrooms |
| Dormitories | 1 per 2 occupants based upon anticipated max occupancy |
| Fraternity, Sorority, and Cooperative Houses | 1 per 2 occupants based upon anticipated max occupancy |
| **Accessory Uses** | |
| Accessory Dwelling Unit | 1 in addition to principal structure requirements |
 
 
Analysis 
In order to analyze the impact of the proposed changes on normal plans which are 
being portrayed accurately as to what use they are, staff reviewed the past two years of 
building plans for single-family, two-family, twinhome, and townhouse dwellings. 
There were 111 standard plans and these plans from 2024 to 2025 were reviewed using 
the proposed changes to the parking requirements, review of sinks in bedrooms, and 
washer and dryer sets. All plans which were reviewed were compliant with the 
proposed changes. Initially, the number of washer and dryer sets per dwelling unit 
were proposed to be limited to one. During the review of the 111 sets of plans, it was 
observed that three large single-family dwellings had two sets of washer and dryers. 
Therefore, the Planning and Zoning Commission decided to propose the limit be set at 
two sets instead of one.  
 
Change to the Land Use Table 
There is one change to the land use table located in MCC 4-3-4, which is essentially 
just clarifying a long-standing interpretation regarding the number of unrelated 
individuals who are allowed to reside within a dwelling unit. Within the land use table 
there are two uses, Single Family (up to 4 unrelated individuals) and Single Family (up 
to 6 unrelated individuals). Single-family with up to four unrelated individuals is a 
permitted use in all residential zones. Single-family with up to six unrelated individuals 
is permitted within the R-4 Zone, but is a conditional use within all the other residential 
zones. It’s been a long-standing interpretation that if there is a two-family dwelling 
within an R-4 Zone that each dwelling unit is permitted to have six unrelated 
individuals residing there. However, since the land use table currently only lists single-
family as being permitted to have up to six unrelated individuals, that appears to not 
be the case. Therefore, Single Family (up to 6 unrelated individuals) is proposed to be 
amended to Dwelling Unit (up to 6 unrelated individuals) to account for the number 
of unrelated individuals in all residential dwelling units, not just single-family 
dwellings.  

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House Bill 583 – Short Term Rentals 
During the 2026 Idaho Legislative Session, House Bill No. 583 was passed and signed 
by the Governor amending Idaho Code § 67-6539, which does not permit a city to 
impose different restrictions or obligations on short-term rentals than are imposed on 
single-family dwellings in the city. In order to be in compliance with House Bill No. 
583 upon its effective date of July 1, 2026, staff is proposing to amend the use table to 
allow Bed and Breakfast Inns as a permitted use in all zoning districts in which single-
family dwellings are permitted.  
 
Recommendation 
The Planning and Zoning Commission conducted a public hearing on the proposed 
ordinance on May 13, 2026, and unanimously recommended approval to City Council. 
The public hearing before City Council has been scheduled for July 6, 2026.