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# Duplex Code Amendment.pptx
- path: Duplex Code Amendment.pptx
- type: PowerPoint presentation (.pptx)
- pages/slides/sheets: 54 slides
- extraction method: pptx
- unreadable pages: none

## Slide 1

Potential Code Amendment to Address Two-Family Dwellings

Planning and Zoning Commission
January 14, 2026

## Slide 2

Background

Recent building permit applications and construction plans have been submitted for structures represented as two-family dwellings, but which are designed and leased as multi-family dwellings
It appears the structures are being represented as two-family dwellings to avoid the ADA, life-safety, off-street parking, and other Federal, State, and local building standards that apply to multi-family dwellings

## Slide 3

Background

Multi-family dwellings (3 or more dwellings)
Fire alarm and suppression systems
ADA accessible units with accessible site amenities
Off-street parking and common open space
Two-family dwellings
No fire alarm or suppression system requirements
Not subject to ADA requirements
Have a much lower parking requirement and no ADA parking is required

## Slide 4

Building Codes

State of Idaho requires municipalities to adopt the building codes that are adopted by the state
2018 International Building Code
Covers multi-family and commercial buildings
Municipalities may adopt stricter standards
2018 International Residential Code
Covers single- and two-family dwellings
Municipalities are permitted to adopt stricter standards only in certain chapters
Currently fire sprinkler systems and/or fire alarm systems are not required and municipalities are not allowed to require them

## Slide 5

Definitions

Dwelling, Single Family
A detached building or manufactured home designed for, and occupied exclusively by, one (1) family.
Dwelling, Two (2) Family
A building containing two (2) kitchens and designed to be occupied by two (2) families living independently of each other.
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.
Dwelling Unit
A building or portion thereof providing complete housekeeping facilities for one (1) family.

## Slide 6

Definitions

Family
For purposes of this “family” definition: 
“related” shall mean persons related by blood, marriage, adoption, and/or guardianship or other duly authorized relationship, and 
“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 
there shall be no more than one (1) “family” per dwelling unit, unless otherwise permitted by this Code. 
“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. 
“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.

## Slide 7

Definitions cont.

One (1) or more related persons living together as a single housekeeping unit in a dwelling unit; or 
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 
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 
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
Any rooms used or intended or designed to be used for cooking and/or preparation of food

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## Slide 15

Parking Requirements

Two-family
2 spaces plus 1 for every bedroom in excess of 4 bedrooms
4 parking spaces required
Multi-family 
1.25 spaces per studio or 1-bedroom apartment
13 spaces required

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## Slide 21

2nd, 3rd, 4th Floors

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## Slide 23

Potential Code Amendments

Amend Dwelling Unit Definition
A building or portion thereof providing complete housekeeping facilities for one (1) family.
Housekeeping facilities provide permanent provisions for living, sleeping, eating, cooking, 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

## Slide 24

Potential Code Amendments

Amend the definition of Kitchen
Any rooms used or intended or designed to be used for the 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 the purposes of this Code. 

## Slide 25

Potential Code Amendments

Adopt the Building Code Definition of 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

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## Slide 28

Potential Code Amendments

Off-Street Parking Requirements
Only single- and two-family dwellings currently permitted to reverse back out onto a street ROW (except for arterials) 
Amend the code to eliminate this allowance when there are more than 1 SF or TFD on a single lot 
Tandem parking is currently permitted only for single- and two-family dwellings 
Amend the code to eliminate this allowance when there are more than 1 SF or TFD on a single lot

## Slide 29

Potential Code Amendments

Off-Street Parking Requirements
Single-, two-family, townhouse, twinhome dwellings
2 parking spaces per du, plus 1 per bedroom in excess of 4 bedrooms
Potentially change to require 2 spaces plus 1 per bedroom in excess of 3 bedrooms or adopt multi-family requirements
Add 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.

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Potential Code Amendments

Functional Open Space
Add requirement to the R-3 Zone
Amend definition:
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. 

## Slide 32

Potential Code Amendments

Functional Open Space
Add requirement to the R-3 Zone
Amend definition:
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’).

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## Slide 34

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. 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.

## Slide 35

Definitions

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.

## Slide 36

Definitions

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.

## Slide 37

Definitions

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’).

## Slide 38

Definitions

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.

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## Slide 40

Design requirements for parking lots

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, re-construction, 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 re-placement 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.

## Slide 41

Design requirements for parking lots

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## Slide 42

Research

Reviewed 111 single family, two family, twinhome, and townhouse plans from 2024-2025
No plans contained sinks in bedrooms
3 plans contained 2 sets of washer/dryers
Large single-family dwellings

## Slide 43

Off-Street Parking Schedule

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Parking Requirement Table

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Parking Requirement Table

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## Slide 46

Research

111 Plans Reviewed
Applying multi-family parking requirements
33 plans did not meet parking minimum
19 were in PUDs
14 were outside of PUDs
Applying current 2 per du plus 1 per bedroom in excess of 4 bedrooms
4 plans did not meet parking minimum
4 were in PUDs
0 were outside of PUDs

## Slide 47

Research

Applying 2 per du plus 1 per bedroom in excess of 3 bedrooms
25 plans did not meet parking minimum
13 were in PUDs
12 were outside of PUDs

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## Slide 49

Research

Reviewed 111 single family, two family, twinhome, and townhouse plans from 2024-2025
Reviewed plans using proposed changes
Parking requirements 
Sinks in bedrooms
Washer and dryer sets

## Slide 50

Definitions

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 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.

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## Slide 52

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. 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 designed in a manner which would allow independent occupancy unless otherwise permitted by this code.

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## Slide 54

Next Steps

Additional thoughts on the proposed amendments?
There is a draft bill being considered in the current State Legislative Session which could have an effect on the proposed ordinance
Staff recommends waiting to schedule the public hearing on the proposed ordinance until the Legislative Session adjourns on March 27, 2026