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# Duplex Code Amendment Details.docx
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Notation: this document contains tracked changes. Inserted text is marked {+like this+}. Deleted text is marked {-like this-}. List markers (numbers and letters) are reconstructed from the document numbering definitions.

## Body

MCC 4-1-6 - Definitions

17. 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. +}

46. 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 so long as there is open communication throughout the entire building, and a deed restriction is recorded against the property stating that the building shall only be occupied by one (1) family. +}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.

49. Dwelling, Two (2) Family. A building containing two (2) kitchens and designed to be occupied by two (2) families living independently of each other.

50. Dwelling, Multi-Family. A building designed to house three (3) or more families living independently of each other and having one (1) yard in common.

51. 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 one (1) washer and dryer set 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.

56. Family. 

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 

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.

61. 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 the ground level and may be provided via a private yard, deck, or patio area. Functional open space shall not include parking areas and the smallest dimension of such open space shall not be less than fifteen feet (15’).+}

{+**optionally, we could state that the required front yard area not be used to satisfy the open space requirement.  +}

76. 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. Any food preparation area with cooking facilities (i.e., stove, oven, hot plate, and/or microwave oven, refrigerator, or sink) or with a natural gas stub or supply or a 220-volt electrical outlet/wiring is a kitchen for purposes of this Code.+}

MCC 4-6-2.A.6 – Design requirements for parking lots

d. Parking lots and spaces shall be designed such that their use will not require backing movements or other maneuvering within a street right of way. Parking spaces provided for single{+-+}{- -}family and two (2) family dwellings are exempt from this requirement, unless the street being accessed is a designated arterial street{+ or there is more than one (1) detached single-family or two (2) family dwelling upon a single lot+}. The continuation, alteration, expansion, relocation, reconstruction, or replacement of a single or a two (2) family dwelling, for which the parking requires backing or maneuvering within a designated arterial street right-of-way, shall be allowed where such situation existed prior to May 1, 2003, notwithstanding the nonconformity regulations of this Zoning Code. Additional parking required as a result of the expansion, alteration, reconstruction, or replacement of any such two (2) family dwelling shall meet the parking design standards required at the time of the building permit application. Where backing movements are proposed within an alley right-of-way, a sidewalk with a minimum width of three feet (3’) shall be provided adjacent to the parking lot between the parking lot and the use served by the parking lot.

e. 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 (2) family, twinhome, and townhouse dwellings. {+Parking serving more than one (1) detached single-family or two (2) family dwelling upon a single lot shall not be permitted to be tandem, except as provided below.  +}Tandem parking may be allowed for multi-family dwellings {+or more than one (1) detached single-family or two (2) family dwelling upon a single lot +}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.

MCC 4-6-2.E

E. Off-Street Parking Schedule: Parking spaces required for designated uses in all zoning districts, except within Section 4-6-5(E)(4) below, are established as follows: 

    1. Compact Spaces: An allowance of thirty five percent (35%) of the total number of spaces required may be identified and used as compact car spaces. These spaces shall be conveniently located and provided with adequate signage. 

    2. Fractional Requirements: Fractional requirements shall require one (1) space. 

    3. Area Calculation: Except as otherwise indicated, area measurements are given in gross floor area. Restroom facilities and areas used for storage may be excluded from the floor area calculation.

    4. {+Bedroom Calculation: Any separate room which has an egress window or door and a minimum of seventy (70) square feet of floor area with no horizontal dimension less than 7 feet which could legally be used as a sleeping room, 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. +}

[EMBEDDED IMAGE: word/media/image1.jpg, full-page table]

[VISUAL TRANSCRIPTION]

BULK & PLACEMENT REGULATIONS TABLE

Footnote references in the table are shown in brackets, for example 5,000[1].

| | AF | FR | SR | R-1 | R-2 | R-3 | R-4 | RO | NB | RTO | CB | GB | MB | I | UMC | U |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| **Minimum Lot Requirements** | | | | | | | | | | | | | | | | |
| **Minimum lot area** *(expressed in square feet unless otherwise noted, no minimum lot area for non-residential uses)* | | | | | | | | | | | | | | | | |
| Single family detached | 40 acres[13] | 3 acres | 1 acre | 9,600 | 7,000 | 6,000 | 5,000[1] | 5,000[1] | 5,000[1] | - | | | | - | | |
| Twinhome | - | - | - | - | - | 3,250 | 2,250 | 2,250 | 2,250 | - | | | | - | | |
| Townhouse | - | - | - | - | - | 2,000[2] | 1,800 | 1,800 | 1,800 | - | | | | - | | |
| Two family dwelling | - | - | - | - | - | 7,000 | 5,000[1] | 5,000[1] | 5,000[1] | - | | | | - | | |
| Multiple family dwelling | - | - | - | - | - | - | 5,000[1] | 5,000[1] | 5,000[1] | - | | | | - | | |
| **Minimum lot width** *(in feet, no minimum lot width for non-residential uses)* | | | | | | | | | | | | | | | | |
| Single family detached | 150 | 125 | 100 | 80[3] | 60[3] | 60[3] | 50 | 50 | 50 | - | | | | - | | |
| Twinhome | - | - | - | - | - | 30 | 25 | 25 | 25 | - | | | | - | | |
| Townhouse | - | - | - | - | - | 20 | 18 | 18 | 18 | - | | | | - | | |
| Two family dwelling | - | - | - | - | - | 60[3] | 50 | 50 | 50 | - | | | | - | | |
| Multiple family dwelling | - | - | - | - | - | - | 50 | 50 | 50 | - | | | | - | | |
| **Minimum Setbacks[9]** *(in feet)* | | | | | | | | | | | | | | | | |
| Front[10] | 30 | 25 | 25 | 25 | 20 | 15 | 15 | 10 | 20 | 25 | | | 10 | 10 | | |
| Rear | 35 | 30 | 30 | 20 | 20 | 20 | 20 | 20 | 20 | 20[4] | | | | | | |
| Side Yard Minimum | 35 | 20 | 20 | 5 | 5 | 5 | 5[5/6] | 5[5/6] | 10 | 20[4] | | | | | | |
| Side Yard Combined Minimum | | | | 15 | 15[5] | 15[5] | 15[5/6] | 15[5/6] | | | | | | | | |
| Street Side | 20 | 17 | 17 | 17 | 15 | 13 | 13 | 10 | 10 | 20 | | | 10 | | | |
| **Exceptions to Minimum Setbacks Listed Above** | | | | | | | | | | | | | | | | |
| Twinhome and Townhouse Exterior Side Setback | - | - | - | - | - | 8 | 8 | 8 | 8 | - | | | | | | |
| Garage Door Front Setback (when door faces said street) | 20 | 40 | 40 | 25 | 20 | 20 | 20 | 20 | 20 | 25 | | | | | | |
| Garage Door Street-Side Setback (when door faces said street) | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | | | | | | |
| Accessory Structure Side & Rear Setback *(detached, 200 sq ft or less)[11]* | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | | | | | | |
| Accessory Structure Rear Setback *(detached, greater than 200 sq ft)[12]* | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | | | | | | |
| **Common Open Space** *(minimum 400 square feet per lot or as required below, whichever is greater, residential uses only)* | | | | | | | | | | | | | | | | |
| | | | | | | 75/du | 75/du | 75/du | 75/du | | | 75/du | 75/du | | | |
| | AF | FR | SR | R-1 | R-2 | R-3 | R-4 | RO | NB | RTO | CB | GB | MB | I | UMC | U |
| **Maximum Building Height [8]** *(in feet)* | | | | | | | | | | | | | | | | |
| Principal Structure | 35 | 35 | 35 | 35 | 35 | 35 | 40 | 40 | 40 | 65 | 65 | 65 | | | 65 | |
| Accessory Structure *(detached, GREATER than 200 sq ft, and encroaching into required rear yard setback for the parcel)* | | | | | | | | | | | | | | | | |
| Building Height | 35 | 35 | 35 | 35 | 35 | 35 | 40 | 40 | 40 | 65 | 65 | 65 | | | | |
| Wall Height[7] | 14 | 14 | 14 | 14 | 14 | 14 | 14 | 14 | 14 | 14 | - | - | | | | |
| Accessory Structure *(detached, 200 sq ft OR LESS, and encroaching into principal structure side or rear yard setbacks)* | | | | | | | | | | | | | | | | |
| Building Height | 12 | 12 | 12 | 12 | 12 | 12 | 12 | 12 | 12 | 12 | - | - | | | | |

Notes

where space is blank there is no minimum/maximum requirement,  " - " = not applicable, use not permitted in that zone

du = dwelling unit

[1] Or 800 square feet per dwelling, whichever is greater

[2] Average net density of a townhouse development shall not be more than fourteen and one-half (14.5) units per acre

[3] Minimum lot width for lots that have rear alley access is reduced by 10 feet

[4] Or equal to the height of the building, whichever is greater, when adjacent to R-1, R-2, R-3, or R-4 Zones

[5] Side yard combined minimum of 15 feet only applies to lots 55 feet or more in width

[6] Minimum side yard setback for multiple family developments on lots greater than 20,000 square feet shall be no less than 10 feet

[7] Dormers may be allowed to exceed 14 feet provided they do not occupy more than fifty percent (50%) of the length of the wall, each wall measured separately

[8] Building height is defined in Section 4-1-6 of this Code. For exceptions to maximum building height regulations refer to Section 4-3-3 and Section 4-5-3 of this Code.

[9] Minimum setbacks as specified on this table are for building walls. For permitted projections into minimum setback areas, refer to Section 4-5-4(C) of this Code

[10] Where established front setbacks are less than the minimum required for such Zone, refer to Section 4-5-4(E) of this Code for an alternate front setback requirement

[11] Roof drainage must be contained on-site

[12] The accessory structure shall not occupy more than fifty percent (50%) of the area of the required rear yard for the parcel

[13] Exception to minimum forty (40) acre lot size: No more than one (1) parcel of land less than forty (40) acres may be divided from an existing parcel of forty (40) acres or more in the AF zoning district (a 1/4-1/4 section or full Government Lot shall be treated as a forty (40) acre parcel for the purposes of this Zoning Code). The small parcel shall be at least one (1) acre in area and must be registered with the Office of the Latah County Clerk and the City Community Development Department. Such exceptions must be reviewed and approved by the Council and the Board of Latah County Commissioners.

[END VISUAL TRANSCRIPTION]