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# 17_06_2026_nspencer@ci.moscow.id.us_RE_ mem- Duplex Ordinance.pdf
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## Page 1
Sent: 
6/17/2026 10:36:31 AM
From: 
Nichoel Baird Spencer <nspencer@ci.moscow.id.us
To: 
"Michael Ray" 
Cc: 
Bcc: 
Importance: Normal
Subject:
RE: mem- Duplex Ordinance
Attachments:mem- Duplex Ordinance-NBS.docx 
Please see the attached changes/comments.  Thanks! 
 
From: Michael Ray <mray@ci.moscow.id.us> 
Sent: Wednesday, June 17, 2026 10:20 AM
To: Nichoel Baird Spencer <nspencer@ci.moscow.id.us>
Subject: mem- Duplex Ordinance
 
Nichoel, attached is the memo for review if you would like to prior to me uploading to civicclerk.
Thanks,
Mike

## Page 2
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 15, 2026June 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 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

## Page 3
2
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 
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

## Page 4
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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

## Page 5
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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 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.

## Page 6
5
Plan Set 2: Multi-Family-Like “with Bedrooms” Dwelling Portrayed as a Two-
Family Dwelling
Commented [NB1]:  Use the red text to identify spaces that are 
being used differently than i.e. the bedroom has the sink and 
refrigerator and cabinets making in a kitchen.  Not sure this is 
communicating very well.

## Page 7
6
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

## Page 8
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## Page 9
8
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

## Page 10
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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:
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.

## Page 11
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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’).
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 proposed changes: 
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 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. 
Commented [NB2]:  Need to highlight the changes since P&Z.  
What did P&Z see versus what is now being recommended.

## 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 
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 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

## Page 13
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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 configuratoinconfiguration, 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 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.

## Page 14
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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 
Proposed Residential Off-Street Parking Requirements 
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                                                
Two bedroom: 1.75 per du                                                                 
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
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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. 
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 
RESIDENTIAL USES
Minimum Number of Automobile Parking 
Spaces Required²
Dwellings in Residential Zones
Single Family (up to 4 unrelated individuals)
Two Family
Twinhome
Townhouse
Single Family (up to 6 unrelated individuals)
Multiple Family (3 or more units)
Studio or one bedroom: 1.25 per du                                                
Two bedroom: 1.75 per du                                                                 
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
2 per du, plus 1 per bedroom in excess of 4 bedrooms

## Page 16
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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.