Public records library › 26-555 › 23_06_2026_jfleischman@ci.moscow.id.us_RE_ P&Z Meeting Materials June 24th-redacted.pdf
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23_06_2026_jfleischman@ci.moscow.id.us_RE_ P&Z Meeting Materials June 24th-redacted.pdf
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# 23_06_2026_jfleischman@ci.moscow.id.us_RE_ P&Z Meeting Materials June 24th-redacted.pdf - path: 23_06_2026_jfleischman@ci.moscow.id.us_RE_ P&Z Meeting Materials June 24th-redacted.pdf - type: PDF - pages/slides/sheets: 42 - extraction method: text layer - unreadable pages: 3 ## Page 1 Sent: 6/23/2026 9:25:29 AM From: Jennifer Fleischman <jfleischman@ci.moscow.id.us To: "Joel Hamilton" , [email withheld], [email withheld], @aol.com, "Victoria Seever" , "Cole Mize" , @turbonet.com, @gmail.com Cc: "Michael Ray" , "Sage McCetich" Bcc: Importance: Normal Subject: RE: P&Z Meeting Materials June 24th Attachments : image001.jpg ,Ordinance 2026 -Amending Title 4 CH 1 and CH 3_draft.pdf Good morning, Please find attached the draft ordinance for Agenda Item No. 3. I will also provide physical copies at the meeting tomorrow. Thank you, Jennifer R. Fleischman | Administrative Assistant & Deputy City Clerk she/her/hers Community Development 504 S. Washington Street, Moscow ID 83843 Tel: (208)883-7035 SUMMER HOURS M-Th 7a-5:30p From: Jennifer Fleischman Sent: Thursday, June 18, 2026 9:42 AM To: Joel Hamilton < @gmail.com>; [email withheld]; [email withheld]; @aol.com; Victoria Seever <[email withheld]>; Cole Mize < @gmail.com>; @turbonet.com; @gmail.com Cc: Michael Ray <mray@ci.moscow.id.us>; Sage McCetich <sMcCetich@ci.moscow.id.us> Subject: P&Z Meeting Materials June 24th Good morning, Please find attached the electronic packet for next week’s Planning & Zoning meeting. I will not be mailing a physical packet for this meeting but will provide copies at the meeting for review. On Monday, the draft ordinance will be sent out to all commissioners as an addition to this packet. I will also provide printed copies of those at the meeting as well. Let me know of your attendance status so we can confirm a quorum. Thank you! § 74-105(1) and § 74-105(1) § 74-105(1) and § § 74-105(1) and § 74-105(1) § § 74-105(1) § 74-105(1) ## Page 2 Jennifer R. Fleischman | Administrative Assistant & Deputy City Clerk she/her/hers Community Development 504 S. Washington Street, Moscow ID 83843 Tel: (208)883-7035 SUMMER HOURS M-Th 7a-5:30p ## Page 3 (This page has no text layer. Open the original PDF to view it.) ## Page 4 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 1 OF 38 ORDINANCE NO. 2026-__ AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE AMENDMENT OF MOSCOW CITY CODE TITLE 4, CHAPTER 1, SECTION 1-6 AND TITLE 4, CHAPTER 3, SECTION 3-5; PROVIDING FOR…; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: SECTION 1: All matters stated above are found to be true and correct and are incorporated herein by reference as if copied in their entirety and shall be adopted with the following sections of this Ordinance. SECTION 2: That Title 4, Chapter 1, Section 1-6 of the Moscow City Code be, and the same is hereby amended to read as follows: … Sec. 1-6. Definitions. For the purpose of this Zoning Code, certain words and terms used herein are defined as follows: A. All words used in the present tense include the future tense; all words in the plural number include the singular number, and all words in the singular number include plural number; unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "used" shall be deemed also to include "designed, intended or arranged to be used." B. Where applicable, uses have been named and defined using the 2012 North American Industry Classification System (NAICS) which is the standard used by the Federal government in classifying business establishments. The uses that are defined by NAICS will have an associated NAICS code in parenthesis following the named use (i.e., Bowling Centers (NAICS 713950)). In many cases, this Code has used an abbreviated definition, which is further defined using the 2012 NAICS Manual that is published on the United States Census Bureau website. Many NAICS subsectors include multiple industries that are included within the subsector. In some circumstances, certain industries have specifically been excluded from subsectors because of incompatibility with certain zoning districts. ## Page 5 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 2 OF 38 C. Unless otherwise specified, all distances shall be measured horizontally. D. Definitions used herein: 1. Accessory Dwelling Unit. A secondary dwelling unit that is accessory to a single family dwelling on a single lot, containing complete housekeeping facilities and which is added to, created within, or detached from the principal dwelling unit and subject to the Specific Use Standards of this Code. 2. Accessory Use. A minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its primary use. The term is synonymous with "secondary use." 3. Affected Person. A person who shows to the City, by a preponderance of evidence, that such person has an interest which may be adversely affected by the issuance or denial of a permit authorizing development or by a decision of the City. 4. Agencies, Brokerages and Other Insurance Related Activities (NAICS 5242). Establishments primarily engaged in (1) acting as agents (i.e., brokers) in selling annuities and insurance policies; or (2) providing other employee benefits and insurance related services, such as claims adjustment and third party administration. 5. Agriculture, Animal Production and Aquaculture (NAICS 112). Establishments that raise or fatten animals for the sale of animals or animal products and/or raise aquatic plants and animals in controlled or selected aquatic environments for the sale of aquatic plants, animals, or their products. 6. Agriculture, Crop Production (NAICS 111). Establishments such as farms, orchards, groves, greenhouses, and nurseries, primarily engaged in growing crops, plants, vines, or trees and their seeds. 7. Alley. A passageway open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation. 8. Alterations. A change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one (1) location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third (1/3) of a single floor area shall be considered an alteration. 9. Animal Slaughtering and Processing (NAICS 31161). Establishments primarily engaged in one (1) or more of the following: (1) slaughtering animals; (2) preparing processed meats and meat byproducts; and (3) rendering and/or refining animal fat, bones, and meat scraps. This industry includes establishments primarily engaged in assembly cutting and packing of meats (i.e., boxed meats) from purchased carcasses. 10. Antenna Tower. A structure to house or hold a device which transmits or receives television, radio, or telephone communications but excluding those which are used as accessory to a residential use. 11. Amusement and Recreation Industries (NAICS 713990). Establishments (except amusement parks and arcades; gambling industries; golf courses and country clubs; skiing facilities; marinas; fitness and recreational sports centers; and bowling centers) primarily engaged in providing recreational and amusement services. 12. Archery/Shooting Ranges. A controlled area of activity, located indoors, specifically designed for the discharging of projectiles at targets. ## Page 6 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 3 OF 38 13. Automobile and RV Dealers (NAICS 4411). Establishments primarily engaged in retailing new and used automobiles and light trucks, such as sport utility vehicles, and passenger and cargo vans. 14. Automotive Repair and Maintenance (NAICS 8111). Establishments involved in providing repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers. Establishments in this industry group employ mechanics with specialized technical skills to diagnose and repair the mechanical and electrical systems for automotive vehicles, repair automotive interiors, and paint or repair automotive exteriors. 15. Basement. That portion of a building partly underground and having at least one-half (1/2) of its height more than five feet (5’) below the adjoining finish grade. 16. Bed and Breakfast Inn. Establishments primarily engaged in providing short-term lodging (durations of less than twenty-one (21) consecutive days per guest) for compensation in private homes or accessory buildings where the owner resides upon the property and where breakfast may or may not be provided. 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. 18. Boarding House. A building occupied by its owner in which not more than six (6) roomers, lodgers and/or boarders are housed or fed for compensation on a weekly or longer basis. 19. Bowling Centers (NAICS 713950). Establishments engaged in operating bowling centers. These establishments often provide food and beverage services. 20. Broadcasting (NAICS 515). Establishments that create content or acquire the right to distribute content and subsequently broadcast the content. 21. Building Area. The total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members or from a point four feet (4’) in from the outside edge of a cantilevered roof, whichever covers the greatest area. 22. Building or Structure. "Building" means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this Zoning Code requires that a use shall be within an entirely enclosed building, then the term "building" means one so designed and constructed that all exterior walls of the structures shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed. 23. Building or Structure, Accessory. A subordinate building or structure, the use of which is incidental to the use of the main building on the same lot, attached to or located adjacent to a home, or on the same lot, including awnings, steps, porches, carports, garages, and storage buildings. Accessory buildings or structures may contain incidental uses such as but not limited to workshops, artist studios, hobby spaces, and accessory living spaces for residents of the main building which are not to be rented out for compensation unless otherwise permitted by this Code. Size limitations contained within this Code pertaining to accessory buildings or structures shall apply to the enclosed building footprint (the enclosed land area occupied by such accessory structure). ## Page 7 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 4 OF 38 24. Building or Structure, Detached. A building surrounded on all sides by open space and which is located more than two feet (2’) from the principal/primary structure. 25. Building Height. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point on the roof or parapet wall. 26. Building Line. The line of that face or corner or part of a building nearest the property line. 27. Building Material Sales and Garden Equipment/Supplies (NAICS 444). Establishments that retail new building material and garden equipment and supplies from fixed point-of-sale locations. Establishments in this subsector have display equipment designed to handle lumber and related products and garden equipment and supplies that may be kept either indoors or outdoors under covered areas. 28. Business, Professional, Political, Social Advocacy, Grantmaking, and Similar Organizations (NAICS 8132, 8133, 8139). See individual NAICS sectors for definitions. 29. Cemeteries and Crematories (NAICS 812220). Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains and/or cremating the dead. 30. Child Care Facility. Any business, place of business or establishment which provides Child Care. This definition includes any premises, location, play area, playground, organization, institution, partnership, school, home, residence, dwelling, group home, foster home, place or facility whether such business or concern calls itself a mini school, kindergarten, nursery, pre-school, club, cooperative, mother’s-day-out, learning center or any other business whose activity is the same or substantially similar to a Child Care operation or concern. a. The definition of Child Care Facility shall not include: (1) Any institution, school or facility operated by or under the direction of the State of Idaho, by any agency or political subdivision of the State of Idaho, or by any other public body or public entity. (2) Any elementary, junior high, or high school licensed and designated as such by the State of Idaho. (3) Any medical or hospital facility operated pursuant to license issued by the State of Idaho. b. There shall be four (4) classifications of Child Care Facility: (1) Family Child Care Facility: A Child Care Facility providing Child Care for five (5) or fewer children; (2) Group Child Care Facility: A Child Care Facility providing Child Care for six (6) to twelve (12) children; (3) Small Child Care Facility: A Child Care Facility providing Child Care for thirteen (13) to twenty (20) children; and (4) Large Child Care Facility: A Child Care Facility providing Child Care for twenty-one (21) or more children. (5) The number of children in each of the above classifications (1) through (4) may be increased with the addition of school-aged children (first grade and up) from 3:00 p.m. until 6:00 p.m. on weekdays, on teacher work days, and on snow days, without affecting the classification level. ## Page 8 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 5 OF 38 31. Civic and Social Organizations (NAICS 813410). Establishments primarily engaged in promoting the civic and social interests of their members. Establishments in this industry may operate bars and restaurants for their members. 32. Coffee/Espresso Stand. A beverage service establishment where drive-up window service is the primary customer access. 33. Commercial and Industrial Machinery and Equipment Repair and Maintenance (NAICS 811310). Establishments primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. 34. Commercial Banking (NAICS 522110). Establishments primarily engaged in accepting demand and other deposits and making commercial, industrial, and consumer loans. Commercial banks and branches of foreign banks are included in this industry. 35. Community Center. A building or group of buildings in which members of a community may gather for group activities, social support, educational activities, cultural activities, and other purposes. They may sometimes be open for the whole community or for a specialized group within the greater community. 36. Conditional Use. "Conditional use" means a use permitted in one (1) or more zoning district as defined by this Zoning Code but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make uses consistent with and compatible to other existing or permissible uses in the same zoning district(s). 37. Conditional Use Permit. "Conditional Use Permit" means the documented evidence of authority granted by the Board of Adjustment to locate a conditional use at a particular location. 38. Construction Contractor Services (NAICS 238). Establishments whose primary activity is performing specific activities (e.g., pouring concrete, site preparation, plumbing, painting, and electrical work) involved in building construction or other activities that are similar for all types of construction, but that are not responsible for the entire project. 39. Consumer Goods Rental (NAICS 5322). Establishments primarily engaged in renting personal and household-type goods. Establishments classified in this industry group generally provide short-term rental although in some instances, the goods may be leased for longer periods of time. These establishments often operate from a retail- like or store-front facility. 40. Correctional Institutions (NAICS 922140). Government establishments primarily engaged in managing and operating correctional institutions. The facility is generally designed for the confinement, correction, and rehabilitation of adult and/or juvenile offenders sentenced by a court. 41. Credit Unions (NAICS 522130). Establishments primarily engaged in accepting members' share deposits in cooperatives that are organized to offer consumer loans to their members. 42. Dance Halls. Establishments where amplified sound or music is provided for entertainment. ## Page 9 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 6 OF 38 43. Data Processing, Hosting, and Related Services (NAICS 518). Establishments that provide the infrastructure for hosting and/or data processing services. 44. Dormitory. A building typically located at a college or university, containing a number of private or semiprivate rooms for residents, usually along with common bathroom facilities and recreation areas. 45. Drinking Places (Alcoholic Beverages) (NAICS 722410). Establishments known as bars, taverns, nightclubs, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These establishments may also provide limited food services. 46. Dwelling, Single Family. A detached building or manufactured home designed for, and occupied exclusively 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. 47. Dwelling, Townhouse. A structure which contains three (3) or more attached single family dwelling units that share a single common wall and where each unit is located upon a separate platted lot to allow for individual sale. 48. Dwelling, Twinhome. A structure which contains two (2) attached single family dwelling units that share a single common wall and where each unit is located upon a separate platted lot to allow for individual sale. 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. The term "dwelling" shall not be deemed to include motel, hotel, tourist home, bed and breakfast inn, or boarding house. 52. Educational Services (NAICS 611). Establishments that provide instruction and training in a wide variety of subjects. The instruction and training is provided by specialized establishments, such as schools, colleges, universities, and training centers. 53. Electronic and Precision Equipment Repair and Maintenance (NAICS 8112). Establishments primarily engaged in repairing electronic equipment, such as computers and communications equipment, and highly specialized precision instruments. 54. Established Grade. The high point of the sidewalk at the front or side lot line as established by the City. 55. Fairgrounds. An area where outdoor fairs, circuses, exhibitions, etc. are held. 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 ## Page 10 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 7 OF 38 (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. 57. Farm and Garden Machinery and Equipment Merchant Wholesalers (NAICS 423820). Establishments primarily engaged in the merchant wholesale distribution of specialized machinery, equipment, and related parts generally used in agricultural, farm, and lawn and garden activities. 58. Fitness Centers (NAICS 713940). Establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports. 59. Floor Area. The sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the center line of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet (7’) six inches (6”), exterior steps or stairs, terraces, breezeways and open spaces. 60. Fraternity, Sorority Or Student Cooperative. A building occupied by and maintained exclusively for students affiliated with an academic or professional college or ## Page 11 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 8 OF 38 university, or other recognized institution of higher learning and regulated by such institution. 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. 62. Funeral Homes and Funeral Services (NAICS 812210). Establishments primarily engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). Funeral homes combined with crematories are included in this industry. 63. Garage and/or Workshop, Private. An enclosed space for the storage of one (1) or more private vehicles for residents of the premises. 64. Garden, Accessory. The use of land for growing of produce and/or plants that is accessory to a permitted principal use, and where the produce from the garden is primarily grown for the consumption and use or donation by the person(s) residing or employed upon the subject property. Accessary Gardens may include the keeping of animals and fowl as permitted by this Code. On-site retail sales are not permitted in association with Accessary Gardens unless specifically permitted under this Code. 65. Garden, Community. The collective use of land for growing of produce and/or plants conducted by a group of people, where the site is commonly divided into plots that individuals may rent for the season, where the produce or plant materials grown upon the site are intended for consumption, use, or donation by the person(s) cultivating the land. On-site retail sales are not permitted in association with Community Gardens unless specifically permitted under this Code. 66. Garden, Market. The use of land for growing of produce and/or plants that is conducted by a single individual or a group of individuals where the produce or plant materials grown upon the site are intended to be sold for consumption by others. Market Gardens may include the keeping of animals and fowl as permitted by this Code. On-site retail sales are not permitted in association with Market Gardens unless specifically permitted under this Code. 67. Gasoline Stations (NAICS 447). Establishments that retail automotive fuels (e.g., gasoline, diesel fuel, gasohol, alternative fuels) and automotive oils or retail these products in combination with convenience store items. These establishments have specialized equipment for the storage and dispensing of automotive fuels. 68. General Freight Trucking (NAICS 4841). Establishments primarily engaged in providing general freight trucking. 69. Golf Courses and Country Clubs (NAICS 713910). Establishments primarily engaged in operating golf courses (except miniature) which also may include dining facilities and other recreational facilities that are known as country clubs. These establishments often provide food and beverage services, equipment rental services, and golf instruction services. 70. Golf Facilities, Miniature. Establishments engaged in operating a novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners, and obstacles. These establishments often provide food and beverage services. ## Page 12 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 9 OF 38 71. Government Office Buildings. A building or rooms in which the business of a department of government administration is carried out. Government office buildings include, but are not limited to, courthouses, local city government offices, and libraries. 72. Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." 73. Health Care Services (Ambulatory) (NAICS 621). Establishments that provide health care services directly or indirectly to ambulatory patients and do not usually provide inpatient services. Health practitioners in this subsector provide outpatient services, with the facilities and equipment not usually being the most significant part of the production process. 74. Hospitals (NAICS 622). Establishments that provide medical, diagnostic, and treatment services that include physician, nursing, and other health services to inpatients and the specialized accommodation services required by inpatients. Hospitals may also provide outpatient services as a secondary activity. Establishments in the Hospitals subsector provide inpatient health services, many of which can only be provided using the specialized facilities and equipment that form a significant and integral part of the production process. 75. Hotels and Motels (NAICS 721110). Establishments primarily engaged in providing short-term lodging in facilities known as hotels, motor hotels, resort hotels, and motels. The establishments in this industry may offer food and beverage services, recreational services, conference rooms and convention services, laundry services, parking, and other services. 76. Kitchen. Any rooms used or intended or designed to be used for cooking and/or preparation of food. 77. Large Retail Establishment. a. A single retail establishment; or any combination of retail establishments in a single building with shared private off-street parking (such as a shopping mall); or any combination of retail establishments in separate and abutting buildings which are planned, constructed, and/or managed as a single property with shared private off-street parking (such as a shopping center); and b. Which is greater than forty thousand (40,000) square feet of gross floor area. 78. Laundries and Drycleaners (NAICS 812310). Establishments primarily engaged in (1) operating facilities with coin-operated or similar self-service laundry and dry cleaning equipment for customer use on the premises; and/or (2) supplying and servicing coin-operated or similar self-service laundry and dry cleaning equipment for customer use in places of business operated by others, such as apartments and dormitories. 79. Lot. A lot, in the meaning of this Zoning Code, is a single tract of land, no matter how legally described, whether by metes and bounds and/or by lot or lots and block designation as in a recorded plat, which at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured and having frontage on or access to a public street. ## Page 13 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 10 OF 38 80. Lot Area. The total horizontal area within the boundary lines of a lot, excluding areas of dedicated and prescriptive public or railroad rights-of-way. The lot area shall include all utility easements and any flag pole portion of a flat lot. 81. Lot, Corner. A lot at the junction of and fronting on two (2) or more intersecting streets. 82. Lot, Depth. The mean dimension of the lot from the front street line to the rear line. 83. Lot, Flag. A lot with access provided to the part of the lot designated for use as a building site by a narrow corridor. 84. Lot, Interior. A lot fronting on one (1) street. 85. Lot Line, Front. The front lot line is the property boundary that abuts a public or private street; the front lot line for an undeveloped corner lot is either one (1) of the property boundaries that abuts a public or private street, as selected by the property owner. 86. Lot Line, Rear. The boundary line of a lot that is opposite and most distant from the front lot line. 87. Lot Line, Side. Any lot line not a rear lot line or a front lot line shall be considered a side lot line. 88. Lot Line, Street Side. The street side lot line is the property boundary on a corner lot that abuts a public or private street which is not considered the front lot line. 89. Lot, Through. A lot fronting on two (2) streets that do not intersect on the parcel's lot lines. 90. Lot, Width. The dimension of the lot line at the street, or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. 91. Manufactured (Mobile) Home Dealers (NAICS 453930). Establishments primarily engaged in retailing new and/or used manufactured homes (i.e., mobile homes), parts, and equipment. 92. Manufactured Home. A structure as defined by Idaho Code Section 39-4105(14) and which meets the following additional standards: a. The manufactured home shall be may be either a single section or multisectional and shall enclose a space of not less than one thousand (1,000) square feet at least four hundred (400) square feet for a single section or eight hundred (800) square feet for a multisectional manufactured home; and b. The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve inches (12”) above grade; and c. The manufactured home shall have a pitched roof of at least three feet (3’) in vertical rise for each twelve feet (12’) in horizontal run; and d. The manufactured home shall have any exterior siding and roofing material which is approved by the City for site-built homes; and e. The manufactured home shall not be permitted within an area defined as a historic district under Section 67-4607, Idaho Code. 93. Manufacturing, Aerospace Product and Parts Manufacturing (NAICS 3364). Establishments primarily engaged in one (1) or more of the following: (1) manufacturing complete aircraft, missiles, or space vehicles; (2) manufacturing aerospace engines, propulsion units, auxiliary equipment or parts; (3) developing and ## Page 14 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 11 OF 38 making prototypes of aerospace products; (4) aircraft conversion (i.e., major modifications to systems); and (5) complete aircraft or propulsion systems overhaul and rebuilding (i.e., periodic restoration of aircraft to original design specifications). 94. Manufacturing, Beverage (NAICS 3121). Establishments primarily engaged in manufacturing soft drinks, ice, and purifying and bottling water; manufacturing brewery products; winery products; and distillery products. Also included is (1) the artificially carbonating of water; (2) the brewing of beer, ale, malt liquors, and nonalcoholic beer; (3) growing of the grapes, and the manufacturing of wine and brandy, or making of wine or brandy from purchased materials, and the blending of wines and brandies; and (4) the distilling of potable liquors (except brandies) and the blending of liquors and other ingredients. 95. Manufacturing, Computer and Electronic Product (NAICS 334). Establishments that manufacture computers, computer peripherals, communications equipment, and similar electronic products, and establishments that manufacture components for such products. 96. Manufacturing, Electrical Equipment, Appliance, and Component (NAICS 335). Establishments that manufacture products that generate, distribute and use electrical power. 97. Manufacturing, Light. The manufacturing, compounding, treatment, processing, assembling, packaging, or testing of goods or equipment that is primarily indoors and which does not present any adverse effect upon surrounding property from smoke, noise, vibration, dust, glare, air pollution, or water pollution. 98. Manufacturing, Medical Equipment and Supplies (NAICS 3391). Establishments primarily engaged in manufacturing medical equipment and supplies. 99. Manufacturing, Pharmaceutical and Medicine (NAICS 3254). Establishments primarily engaged in one (1) or more of the following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading, grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs and herbs; and (4) manufacturing pharmaceutical products intended for internal and external consumption in such forms as ampoules, tablets, capsules, vials, ointments, powders, solutions, and suspensions. 100. Manufacturing, Heavy. The extraction, processing or treatment of raw materials, or the manufacturing, compounding, treatment, processing, assembling, packaging, testing, handling, or storage of explosive or radioactive materials or products. 101. Motorized Vehicle. A motor driven conveyance capable of carrying one (1) or more passengers. 102. Movie Theaters (NAICS 512131). Establishments primarily engaged in operating motion picture theaters (except drive-ins) and/or exhibiting motion pictures or videos at film festivals, and so forth. 103. Museums and Art Galleries (NAICS 712110). Establishments primarily engaged in the preservation and exhibition of objects of historical, cultural, and/or educational value. 104. Nonconforming Building Use. The use of a building or structure which was a lawful use at the time this Zoning Code was passed but which use, because of the passage of this Zoning Code, does not conform to the regulations of the zoning district in which the use exists. ## Page 15 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 12 OF 38 105. Nonconforming Use. A use which lawfully occupied a building or land at the time this Zoning Code becomes effective and which does not conform with the use regulations of the zoning district in which it is located. 106. Nursing and Residential Care Facilities (NAICS 623). Establishments that provide residential care combined with either nursing, supervisory, or other types of care as required by the residents. In this subsector, the facilities are a significant part of the production process and the care provided is a mix of health and social services with the health services being largely some level of nursing services. 107. Off-Street Parking. Parking facilities for motor vehicles located on private property. 108. Parking Lots and Garages (NAICS 812930). Establishments primarily engaged in providing parking space for motor vehicles, usually on an hourly, daily, or monthly basis and/or valet parking services. For the purposes of this Code, a parking lot is an off-street parking facility designed for more than four (4) parking spaces. 109. Personal and Household Goods Repair and Maintenance (NAICS 8114). Establishments primarily engaged in home and garden equipment and appliance repair and maintenance; reupholstery and furniture repair; footwear and leather goods repair; and other personal and household goods repair and maintenance. 110. Personal Care Services (NAICS 8121). Establishments such as barber and beauty shops, that provide appearance care services to individual consumers. 111. Parking Space. A usable space for the storage of one (1) passenger automobile or commercial vehicle, exclusive of access drives, aisles, or ramps, within a public or private parking lot or a building that meets the parking standards of this Code. 112. Pet Care Services (NAICS 812910). Establishments primarily engaged in providing pet care services (except veterinary), such as boarding, grooming, sitting, and training pets. 113. Planned Unit Development (PUD). The PUD is characterized by a unified site design for a number of housing units and/or other buildings where clustering of buildings and utilization of open space will allow for enhanced land use. Through a PUD, a development may be planned as a unit and the density of use may be calculated on the basis of the entire project, rather than on a lot by lot basis. Individual uses and structures in a PUD need not comply with specific building locations, height, building size, floor area, lot size and open space requirements of the underlying basic zone provided that requirements set forth herein are complied with, and the development as a whole is harmonious with the community, particularly adjacent land uses. 114. Principal Use. The primary or predominant use(s) to which a property is or may be devoted. 115. Professional, Scientific, and Technical Services (NAICS 541). Establishments engaged in processes where human capital is the major input. These establishments make available the knowledge and skills of their employees, often on an assignment basis, where an individual or team is responsible for the delivery of services to the client. The individual industries of this subsector are defined on the basis of the particular expertise and training of the services provider. 116. Public Service and Utility Facility. Public facilities necessary to serve the neighborhood or community, including, but not limited to, fire stations, police stations, national guard armories, fire training facilities, pumping stations, electrical substations, and telephone switching facilities. ## Page 16 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 13 OF 38 117. Publishing Industries (except Internet) (NAICS 511). Establishments engaged in the publishing of newspapers, magazines, other periodicals, and books, as well as directory and mailing list and software publishing. 118. Public Utility. A public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation for persons and freight. 119. Railroad Yards (NAICS 488210). Establishments primarily engaged in providing specialized services for railroad transportation, including servicing, routine repairing (except factory conversion, overhaul or rebuilding of rolling stock), and maintaining rail cars; loading and unloading rail cars; and operating independent terminals. 120. Real Estate Services (NAICS 531). Establishments that are primarily engaged in renting or leasing real estate to others; managing real estate for others; selling, buying, or renting real estate for others; and providing other real estate related services, such as appraisal services. 121. Religious Facilities (NAICS 813110). Establishments primarily engaged in (1) operating religious organizations, such as churches, religious temples, and monasteries; and/or (2) establishments primarily engaged in administering an organized religion or promoting religious activities. 122. Rental and Leasing Services (NAICS 532). Establishments that provide a wide array of tangible goods, such as automobiles, computers, consumer goods, and industrial machinery and equipment, to customers in return for a periodic rental or lease payment. 123. Restaurants (NAICS 72251). Establishments primarily engaged in one (1) of the following: (1) providing food services to patrons who order and are served while seated (i.e., waiter/waitress service), and pay after eating; (2) providing food services to patrons who generally order or select items (e.g., at a counter, in a buffet line) and pay before eating; or (3) preparing and/or serving a specialty snack (e.g., ice cream, frozen yogurt, cookies) and/or nonalcoholic beverages (e.g., coffee, juices, sodas) for consumption on or near the premises. 124. Retail Sales (NAICS 44-45). Establishments engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. 125. Riding Stables. Establishments where horses are kept for riding, driving, or stabling for compensation. 126. RV (Recreational Vehicle) Parks and Campgrounds (NAICS 721211). Establishments primarily engaged in operating sites to accommodate campers and their equipment, including tents, tent trailers, travel trailers, and RVs (recreational vehicles). These establishments may provide access to facilities, such as washrooms, laundry rooms, recreation halls and playgrounds, stores, and snack bars. 127. Savings Institutions (NAICS 522120). Establishments primarily engaged in accepting time deposits, making mortgage and real estate loans, and investing in high-grade securities. Savings and loan associations and savings banks are included in this industry. ## Page 17 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 14 OF 38 128. Sawmills (NAICS 321113). Establishments primarily engaged in sawing dimension lumber, boards, beams, timbers, poles, ties, shingles, shakes, siding, and wood chips from logs or bolts. 129. Scrap Yards / Material Recycling (NAICS 423930). Establishments primarily engaged in the merchant wholesale distribution of automotive scrap, industrial scrap, and other recyclable materials. Included in this industry are auto wreckers primarily engaged in dismantling motor vehicles for the purpose of wholesaling scrap. 130. Securities, Commodity Contracts, and Other Financial Investments and Related Activities (NAICS 523). Establishments that are primarily engaged in one (1) of the following: (1) underwriting securities issues and/or making markets for securities and commodities; (2) acting as agents (i.e., brokers) between buyers and sellers of securities and commodities; (3) providing securities and commodity exchange services; and (4) providing other services, such as managing portfolios of assets; providing investment advice; and trust, fiduciary, and custody services. 131. Self-Storage Facilities (NAICS 531130). Establishments primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where clients can store and retrieve their goods. 132. Setback. The distance that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right-of-way lines. When measuring front and street side yard setbacks for lots that abut a Local Residential Street, as designated upon the Thoroughfare Plan within the City’s Comprehensive Plan, the front and street side setbacks shall be measured from the building lot side of the public sidewalk to the nearest point of the wall of the main building on the lot. In such cases where sidewalks do not exist in the front or street side of a building lot, the Zoning Administrator shall determine the point of measurement based upon the location of adjacent principal structures, the likelihood of future sidewalk installation, and the anticipated location of such future sidewalk. 133. Sign. A presentation, display, or representation of words or letters, or of a figure, design, picture, painting, color pattern, logo, emblem, symbol, trademark or other representation so as to give notice, advertise, call attention to, or identify an entity. 134. Software Publishers (NAICS 5112). Establishments primarily engaged in computer software publishing or publishing and reproduction. Establishments in this industry carry out operations necessary for producing and distributing computer software, such as designing, providing documentation, assisting in installation, and providing support services to software purchasers. These establishments may design, develop, and publish, or publish only. 135. Stadiums and Sports Arenas (NAICS 713940). Establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports. 136. Street. A public thoroughfare which affords the principal means of access to abutting properties. 137. Telecommunications Services (NAICS 517). Establishments that provide telecommunications and the services related to that activity (e.g., telephony, ## Page 18 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 15 OF 38 including Voice over Internet Protocol (VoIP); cable and satellite television distribution services; Internet access; telecommunications reselling services). The Telecommunications subsector is primarily engaged in operating, and/or providing access to facilities for the transmission of voice, data, text, sound, and video. 138. Temporary Use. A land use established for a limited duration which does not require permanent site improvements. Temporary Uses include, but are not limited to, the erection of temporary structures for activities such as fruit and vegetable sales, Christmas tree sales, fireworks sales, art sales, and other retail sales permitted in the zoning district within which the proposed use is to be located. 139. Use. The purpose land, a building or a structure now serves or for which it is occupied, maintained, arranged, designed or intended. 140. Use District. A portion or portions of the City designated on the Moscow Zoning Map as one (1) or more of the categories listed and described in this Zoning Code. 141. Variance. A modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. 142. Veterinary Services (NAICS 541940). Establishments of licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals; and establishments primarily engaged in providing testing services for licensed veterinary practitioners. 143. Warehousing and Storage (NAICS 493). Establishments that are primarily engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods, and other warehouse products. These establishments provide facilities to store goods. They do not sell the goods they handle. These establishments take responsibility for storing the goods and keeping them secure. They may also provide a range of services, often referred to as logistics services, related to the distribution of goods. 144. Wholesale Uses (NAICS 423). Establishments that sell capital or durable goods to other businesses. 145. Yard. An open unoccupied space, except as otherwise permitted in this Code, in the front, rear or side on the same lot with a building or proposed building, which extends along a lot line and at right angles to the lot line to a depth or width specified in the setback requirements of the zoning district where the property is located. (Ord. 2018-07, 05/21/2018) … SECTION 3: That Title 4, Chapter 3, Section 3-5 of the Moscow City Code be, and the same is hereby amended to read as follows: … Sec. 3-5. Specific Use Standards. A. Accessory Dwelling Units: 1. Applicability and Purpose. These standards shall apply to Accessory Dwelling Units which are permitted by this Code. These standards are intended to help promote the ## Page 19 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 16 OF 38 benefits of Accessory Dwelling Units, while also preserving neighborhood character and creating predictability and certainty for established neighborhoods. 2. Specific Standards. a. General. Accessory Dwelling Units must meet all applicable regulations for the zoning district in which they are located, except as otherwise expressly stated within this Section. b. Size. The floor area of the Accessory Dwelling Unit may not exceed six hundred (600) one thousand (1,000) square feet or forty percent (40%) seventy-five percent (75%) of the gross floor area of the principal dwelling, whichever is less. c. Maximum Occupancy. The number of persons allowed to reside within an Accessory Dwelling Unit shall be limited to two (2). d. Owner Occupancy. i. Prior to the issuance of a building permit for an Accessory Dwelling Unit, the property owner must record a deed restriction upon the property which states that the property owner will reside on the property, within either the principal dwelling or Accessory Dwelling Unit. The deed restriction must be approved by the City Attorney and shall be binding upon the heirs, assigns, and subsequent purchasers of the property. ii. Owner occupancy means a property owner, as reflected in real property records, who makes his or her legal residence at the property, as evidenced by voter registration or similar means and actually resides at the property for more than six (6) months out of any given year. Owner occupancy may also include a named natural person with an ownership or benefit in a private trust, but shall not extend to corporate trusts. iii. The Zoning Administrator may waive this requirement for temporary absences of greater than six (6) months for military service, employment sabbatical, or family medical leave qualified absences. Temporary leave waivers for other reasons must be reviewed and approved by the City Council. iv. In the event the owner is unable to reside on the property as required herein, only one (1) of the dwelling units on the property may be occupied. ed. Off-street parking. One (1) off-street parking space shall be required for the Accessory Dwelling Unit, only if there are currently no off-street parking spaces provided in addition to that required for the principal dwelling on the property. B. Accessory Home Occupations. 1. Purpose. Accessory home occupations are uses that occur within dwellings and which are accessory and incidental to the principal use of the subject property for residential purposes. It is the intent of this Section to allow accessory home occupations that are compatible with the surrounding neighborhood and land use where the nature of the accessory home occupation use is and remains secondary to the principal use of the subject property as a dwelling. This Section recognizes that many types of accessory home occupations can be conducted within a residential dwelling with little or no adverse effect(s) on the surrounding neighborhood. 2. Description of Accessory Home Occupation Types. For the purposes of this Section there shall be two (2) classifications of accessory home occupations as follows: ## Page 20 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 17 OF 38 a. Type I Accessory Home Occupation. A Type I Accessory Home Occupation is a non-residential use conducted solely by the inhabitants of the dwelling within such dwelling unit, or allowable accessory structure thereto; where there are no on-site employees or customer services provided; and where the conduct of the use does not change the character or nature of the dwelling or surrounding area. Examples include, but are not limited to, artists, crafts people, writers, graphic artists, computer programmers and software developers, consultants and similar uses. Private instruction (such as music instruction, private tutoring, other and similar uses) involving no more than four (4) students upon the premises at any one time shall be deemed to be a Type I Accessory Home Occupation. b. Type II Accessory Home Occupation. A Type II Accessory Home Occupation is a non-residential use conducted by the inhabitants of the dwelling with up to one (1) additional on-site employee, and/or with on-site customer service provided upon the subject property, and where the conduct of the use does not change the character or nature of the dwelling or surrounding area. 3. Accessory Home Occupation Use Regulations. a. Allowed Uses. Type I Accessory Home Occupations shall be an allowed use in all residential Zoning Districts, but shall be subject to the performance standards included herein. Type II Accessory Home Occupations shall be a Conditionally Permitted Use in all residential Zoning Districts and shall also be subject to the performance standards included herein. b. Prohibited Accessory Home Occupation Uses. The following uses shall not be allowed as either a Type I or Type II Accessory Home Occupation, but may otherwise be permitted under this Code: i. Animal clinics or kennels; ii. Bed and breakfast; iii. Boarding house; iv. Child Care Facilities; v. Dispatch centers, where employees come to the site and are dispatched to other locations; vi. Manufacturing utilizing power tools or similar equipment such as furniture refinishing or building, cabinet making, metal fabrication or cutting, employing welding or cutting, or other similar uses, except for minor and incidental use of such equipment deemed allowable by the Zoning Administrator; vii. Medical clinics; viii. On-site retail sales involving on-premises customer service, except as may be permitted as an accessory use to a Type II Accessory Home Occupation; ix. Repair or assembly of vehicles or equipment with internal combustion engines (such as automobiles, lawnmowers, motorcycles, snow-mobiles and other similar equipment); x. Restaurants; xi. Schools; xii. Towing services; and xiii. Other uses with similar operating characteristics as determined by the Zoning Administrator. ## Page 21 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 18 OF 38 4. Accessory Home Occupation Performance Standards. a. Outdoor Activities. All activities shall be conducted wholly within the principal structure or a permitted accessory structure thereto. External storage or display of goods or equipment shall be prohibited. b. Appearance of Structure and Site. The dwelling and subject property shall remain residential in character and the Accessory Home Occupation use shall not be discernable from the exterior of the principal structure or permitted accessory structure thereto. No alterations of the structure or subject property which would change the residential appearance of the dwelling and subject property shall be permitted. Examples of such prohibited alterations include construction of parking lots, paving of setbacks, external signage not otherwise permitted by this Code, or adding commercial exterior lighting. c. Vehicles. No more than one (1) vehicle shall be discernable as being used in association with the Accessory Home Occupation. The maximum size of such vehicle used in association with the Accessory Home Occupation shall be no more than one (1) ton capacity and shall not include any trailer. d. Deliveries. Deliveries and/or pick-ups of supplies or products associated with the Accessory Home Occupation shall be allowed only between 8:00 a.m. and 6:00 p.m. local time. e. Nuisances. Unless otherwise permitted by law, no Accessory Home Occupation shall produce any detectable fumes, odors, dust, heat, noise, vibration, glare, electro-magnetic field, electrical interference, or other effects outside the dwelling which is incompatible with the characteristics of the residential Zoning District or is otherwise a violation of this Code. C. Child Care Facilities. The following standards are required for approval of Child Care Facilities when such uses are classified as permitted uses within zoning districts and shall serve as guidelines to which additional conditions may be added when Child Care Facilities require conditional use permits to operate within a zoning district: 1. Parking and Loading Facilities: a. Child Care Facilities shall provide off-street parking adequate to meet the requirements of City Code Section 4-6-5. b. Child Care Facilities shall provide loading spaces in accordance with the following standards: i. Quantity of Loading Spaces required: (a) Group Child Care: one (1). (b) Small and Large Child Care: two (2). ii. Required loading spaces may be provided in one of the following ways: (a) On-street, subject to the approval of the City Engineer, when the space is reserved or otherwise generally available, and which is located on the same side of the street as the Child Care Facility. On-street loading space shall be at least thirty feet (30’) from any street intersection. (b) Off-street where the travel path from the loading space(s) to the Facility entrance does not cross vehicle maneuvering and travel areas. 2. Play Area and Screening. Child Care Facilities shall provide a contained or fenced outdoor play area sufficient to comply with the spatial standards required by City ## Page 22 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 19 OF 38 Code. Sight-proof fencing or sight-proof landscaping shall be provided on perimeters of such outdoor play areas where necessary to protect the privacy of neighbors’ yards. 3. Additional Large Child Care Facility Standards. To ensure that traffic generated by a large Child Care Facility will not disrupt a residential neighborhood characterized by low volumes of vehicular traffic, such Facilities shall be: a. Located on City street that has an average daily traffic (ADT) of at least five hundred (500) vehicles per day; or b. Located within three hundred feet (300’) of a school and provide after school service for school age children; or c. Permitted when the facility is located in a church, grange hall, social center or other large public assembly building; or d. Upon issuance of a Conditional Use Permit. 4. Site Plan Required. To ensure compliance with these standards, a site plan shall be submitted for all Child Care Facilities indicating parking, loading, traffic flow characteristics and related signage. 5. Use of public right-of-way for Child Care loading is discretionary and subject to the approval of City Engineer in consideration of the availability and demand of on-street parking in the subject area and the proximity of the proposed loading space to intersections, current and future traffic conditions, and other similar considerations. D. Drive-Through Facilities. 1. Applicability and Purpose. These standards shall apply to establishments that utilize drive-through windows as part of their business operations. These standards are intended to ensure that the design and operation of drive-through facilities provide functional and safe traffic circulation, access, and vehicle queuing. The standards are also meant to ensure that drive-through facilities are compatible with the surrounding area and minimize their impacts on adjacent uses. 2. Development Standards. Drive-Through Facilities shall comply with the following design standards and requirements. a. Number of Spaces Required. Drive-Through Facilities with one (1) service window shall provide room for five (5) queuing spaces. When there are two (2) or more service windows provided, there shall be room for four (4) queuing spaces per service window. b. Size of Space. The dimensions of a vehicle queuing space shall be a minimum of twelve feet (12’) in width and twenty feet (20’) in length. c. Turning Radius. The minimum drive-through lane inside turning radius shall be twenty feet (20’). d. Demarcation. Drive-through lanes shall be clearly demarcated with striping or curbing. e. Additional Queuing. The design, signage or operational characteristics of the Drive-Through Facility shall prevent or discourage vehicles from waiting for service on public sidewalks or streets. f. Landscaping. Drive-through lanes adjacent to public streets shall provide a landscape buffer of a minimum of three feet (3’) in width and shall contain one (1) ## Page 23 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 20 OF 38 tree of one and one half inch (1.5”) caliper every forty (40) lineal feet and one (1) shrub every six feet (6’). E. Educational Services (Elementary and Secondary Schools). 1. Purpose. The following standards are required to ensure the safety and placement of loading spaces that are intended to serve as student pick-up and drop-off locations for Elementary and Secondary Schools. 2. Loading Standards. Elementary and Secondary Schools shall provide off-street turn- out areas for student pick-up and drop-off, in addition to the required off-street parking found within Section 4-6-2. Loading space shall be provided for at least two (2) vehicles provided in a manner that would not result in a safety hazard to children being picked up or delivered. Such space may be provided in one of the following ways: a. On-street, when the space is reserved or otherwise generally available, and which is located on the same side of the street as the School. On-street loading space shall be at least thirty feet (30’) from any intersection. b. Off-street, where ingress and egress would not require backing movements by vehicles. c. Other loading space determined to be safe by the City Engineer considering existing street and traffic conditions and anticipated use of the loading facility. F. Gardens Market, Community and Accessory. 1. Applicability and Purpose. These standards shall apply to Market Garden and Community Garden uses where such uses are located within SR, R-1, R-2, R-3, and R- 4 Zoning Districts, and shall serve as guidelines where such uses are considered as a Conditionally Permitted Use. These standards are intended to reduce the potential for adverse impacts to adjacent residential uses and to mitigate potential nuisances. 2. Specific Standards. a. Permitted Accessory Structures. Hoop houses, green houses, shed and other minor accessory structures without permanent foundations and of less than one thousand (1,000) square feet in size shall be permitted in association with the operation of a permitted Market or Community Garden use. If the associated Market or Community Garden use ceases, such structures shall be removed from the property. b. Hours of Operation. i. Operation of Market and Community Gardens shall be limited to sunrise or 7:00 a.m. local time, whichever is earlier, and must end at sunset or 9:00 p.m. local time, whichever is later. Operation shall be defined as people engaged in the operation of the use present upon the site. ii. Where permitted, retail sales shall be limited to the hours of 8:00 a.m. to 7:00 p.m. local time. iii. Use of motorized equipment shall be limited to 7:00 a.m. to 9:00 p.m. local time. iv. The pickup of pro-duce by those who have purchased shares, such as a Community Supported Agriculture (CSA), shall be permitted during daylight hours and shall not be considered retail sales. c. Lighting. Exterior and interior lighting use associated with the operation of a Market or Community Garden shall be limited and shall not result in light trespass or glare upon adjacent residential uses. ## Page 24 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 21 OF 38 d. Use of Machinery. The use of motorized equipment and machinery shall be limited to typical residential scale equipment, except that larger equipment may be used on an infrequent basis during spring and fall preparation activities. e. General Nuisance Prohibition. Operation of Market and Community Gardens shall be conducted in a manner so as to limit dust, noise, drainage, overspray of chemicals, or smells that would constitute a public nuisance. f. Signage. Signage advertising and/or identifying a permitted Market or Community Garden use shall be allowed as provided within the City Sign Code. g. Keeping of Animals. The keeping of animal and fowl in association with a Market Garden shall be permitted per the animal regulations of City Code. h. Off-Street Parking. In order to preserve the residential character of neighborhoods, no Off-Street Parking shall be required for Market and Community Gardens. Any Off-Street Parking provided for Market and Community Gardens shall be limited in nature and shall not be fully improved or paved. Grassed or small graveled seasonal parking areas shall be permitted. i. Exceedance of Standards. These standards may be exceeded with approval of a Conditional Use Permit. G. Large Retail Establishments. Large Scale Establishments. a. New Large Retail Establishments. Every new Large Retail Establishment shall comply with the provisions of this Section and the City of Moscow Large Retail Establishment Design Manual (Design Manual), as adopted or amended by Resolution of the Council. Any substantive deviation from a standard required by the Design Manual shall require a Variance. b. Expansion of Existing Large Retail Establishments. The following is required for expansion(s) of a Large Retail Establishment: i. Any one (1) time expansion of an existing Large Retail Establishment shall comply with Subsection (4)(d) Stormwater Management (for any proposed additional impervious surface areas). Additionally, the provisions of the Design Manual shall apply to the greatest extent feasible in consideration of the existing site development, as determined by the reviewing body. ii. Conditions of Reconstruction. If any existing Large Retail Establishment should be destroyed by any means to an extent of more than seventy (70%) percent of the replacement cost of the whole structure at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Design Manual (to the greatest extent feasible in consideration of the existing site development, as determined by the Zoning Administrator). c. Large Retail Establishments that includes less than one hundred forty (140) parking stalls shall not be subject to Section 2.2, Parking Lots, of the Design Manual. d. Large Retail Establishments Greater Than Sixty Five Thousand (65,000) Square Feet. In addition to other requirements contained in the Design Manual, every application for a new Large Retail Establishment of greater than sixty five thousand (65,000) square feet of gross floor area or any application for the expansion of more than thirty percent (30%) of any existing Large Retail Establishment, where such expansion would result in the creation of a Large Retail Establishment of greater ## Page 25 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 22 OF 38 than sixty five thousand (65,000) square feet of the gross floor area, shall address and include all of the following items: i. Site location and existing and future streets and pathways. The applicant shall show, as part of the application, that the proposed development does not preclude the logical and orderly extension of existing public streets and pathways and does not preclude the development of future planned streets and pathways, as generally identified within the City’s Comprehensive Plan. ii. Multimodal Traffic Study. The applicant shall provide a Traffic Impact Study (including pedestrian, bicycle, transit and motorized travel) in accordance with City Traffic Impact Study Standards. Such Traffic Impact Study shall include an assessment of the impacts of the proposed development upon vehicular, pedestrian, bicycle and transit transportation systems and services anticipated in the vicinity of the development for twenty (20) years from the anticipated date of completion of the proposed development. Such Traffic Impact Study shall include an analysis of all proposed measures to mitigate impacts of the proposed development. All Traffic Impact Studies shall be reviewed and approved by the City Engineer. iii. City Services and City Infrastructure Impact Assessment. The applicant shall provide a public utility service impact analysis of the proposed use and its anticipated impacts upon the City’s physical infrastructure and the service delivery of essential City services including water, sanitary sewer, storm sewer, police, fire and sanitation services. Such assessment shall include an analysis of the proposed development’s anticipated service demand, adequacy of existing service infrastructure, and an assessment of the impacts the proposed use may have upon other users and the service provider. Such analysis shall also include any potential and proposed measures necessary to mitigate such impacts. Payment of costs for increasing service capability and/or over-sizing or upgrading of service infrastructure, as necessary to mitigate the impacts of the proposed development, shall be the responsibility of the applicant. All City services impact studies shall be reviewed and approved by the City Engineer. iv. Stormwater Management. Stormwater runoff shall not be discharged into the public storm sewer system or into any natural drainage system, without being detained in accordance with this Code and without being treated to the most current quality standards, as prescribed by the Idaho Department of Environmental Quality in the catalog of Stormwater Best Management Practices for Cities and Counties. Stormwater facilities shall be designed to detain and release stormwater at a rate that shall not exceed the pre- development stormwater discharge rates for the two (2) year storm, ten (10) year storm, and twenty-five (25) year storm events and shall be designed as treatment train systems (i.e. multiple devices and/or methods to improve water quality and increase evaporation). Treatment trains shall include a vegetative primary treatment component, such as a bio-filtration swale, filter strips, or other similar devices. The level of water quality treatment shall be designed for two (2) year storm event post development flows. Stormwater facilities shall be aesthetically pleasing amenities consistent with Design Manual Central Features and Community Spaces Guidelines and Standards. Regionally viable ## Page 26 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 23 OF 38 vegetation shall be planted inside open earthen detention ponds. Above ground detention vaults or ponds with slopes greater than three to one (3:1) or those containing vertical walls shall be provided with a six foot (6’) high fence or wall at the top of the slope for security and safety purposes. A type “B” landscape buffer yard, as described in this Zoning Code, shall be required around the outside perimeter of the fence or wall. Storage, display, or sale of chemicals, pesticides, fertilizers, liquid petroleum and any product containing any chemical listed in the Code of Federal Regulations Title 40, Chapter 1, Subpart d, Part 131.369, as amended, shall be prohibited in areas not protected from weather (such as parking lots) and from areas not located or designed to prevent contamination of stormwater runoff. All stormwater management plans shall be reviewed and approved by the City Engineer. v. Standards for Materials Submitted. Each study, report, analysis, certification, or assessment required by the City or offered by the applicant shall be paid for by the applicant and shall be conducted by professionals educated, trained and experienced in the appropriate field and shall be mutually agreed upon by the applicant and the City. e. Community Meeting Re-quired. All proposed new Large Retail Establishments and expansions of existing Large Retail Establishments greater than thirty percent (30%) of the existing gross floor area shall require a community meeting in accordance with the following requirements: i. Meeting Purpose. The purpose of the community meeting is to allow the applicant for a Large Retail Establishment to present the proposed development to the community and other members of the public prior to consideration by the City so that the parties can discuss and consider neighborhood and community impacts, mitigation, design and construction elements, and the like. Conduct by all participating in the community meeting should be respectful, should avoid personal attack, and should be directed toward gathering and exchanging information regarding the proposal(s). ii. Meeting Notice and Location. Notice of a community meeting shall be given to all property owners within six hundred feet (600’) of the subject property, shall be posted upon the subject property of a size and location that renders such notice visible and legible to persons in the vicinity of the subject property, published in the local newspaper and provided to local media. Such notice shall be provided at least fourteen (14) days before the community meeting. Mailed notice shall be made by U.S. mail to the current or last known property owners of record as determined by review of the records in possession of Latah County. Alternatively, the City may provide a list of property owners to the applicant upon request and receipt of the appropriate fee. The community meeting shall be set at a date, time, and place reasonably calculated to facilitate the attendance of the public. Evening meetings during the work week are encouraged. iii. Meeting Content and Conduct. The applicant or applicant’s representative shall chair and conduct the meeting according to orderly procedures. The chair should provide the participants in the community meeting a fair chance to be heard. The chair will have the authority to recognize participants in the meeting ## Page 27 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 24 OF 38 and to maintain order in the conduct of the meeting. Formal rules of evidence will not apply during the meeting but the chair may limit the duration of comments or presentation where necessary to give the broadest number of participants the opportunity to express their views. Each meeting shall be conducted so that those in attendance can discuss the project/proposal which is the subject of the application(s) to be filed. Where more than one (1) application is to be considered, the meeting shall include discussion of all related matters. For example, where there is to be a submittal for a rezoning along with the Large Retail Establishment, both shall be thoroughly discussed in the community meeting and shall satisfy any Neighborhood Meeting requirement of this Code. iv. Submission of Meeting Materials Required. Where community meetings are required, the following community meeting materials shall be submitted with the application(s). (a) Time, date and location of the community meeting, (b) Names and addresses of property owners to whom notice was sent, (c) Names and addresses of all attendees, (d) Summary of comments, suggestions and discussion, (e) Applicant’s response to comments, suggestions and discussion, including any modifications made or intended to be made to the project proposal/ application as a result of the community meeting comments, (f) Materials utilized or submitted (including plans, proposals, designs, power point presentations, maps, handouts, petitions, letters, studies, etc.) shall be submitted with the application for the related project(s). A verbatim transcript is not required nor is a video and/or audio tape (unless the applicant wishes to submit it). The summary of comments, suggestions and discussion should be extensive enough to allow the reader to understand what occurred. f. Design Manual Review. All applications for new Large Retail Establishments and expansions of existing Large Retail Establishments shall be reviewed by the Zoning Administrator for conformance to the standards and requirements of the Design Manual. The Zoning Administrator shall review the site plan, landscape plan, and architectural building plans and building elevations for conformance with the requirements of the Design Manual. i. Alternate Compliance Methods. The Zoning Administrator shall be authorized to approve alternate compliance methods to meet the purposes and intents of the specific requirements of the Design Manual where the Zoning Administrator finds such alternate compliance methods are in keeping with the intents and purposes of the Design Manual and where such alternate compliance methods will achieve equivalent or superior mitigation of impacts of the proposed Large Retail Establishment or its expansion. ii. Design Review Decision. Upon completion of the design review, the Zoning Administrator may approve the proposed development, approve the proposed development with conditions of approval related to specific requirements of the Design Manual, or deny the proposed plans with specific direction to the ## Page 28 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 25 OF 38 applicant regarding what specific elements of the development plans must be modified to comply with the Design Manual. iii. Design Review Decision Appeal. Appeals or design review decisions by the Zoning Administrator shall be made to the Council. H. Telecommunications Facilities. 1. Applicability. This Section shall apply to antenna towers, antenna support structures, antennas and their ancillary facilities (telecommunications facilities) any of which is used to provide commercial telecommunications services. This Section shall not apply to noncommercial antenna towers used exclusively as accessory to a residential use on the same lot. 2. Purpose. The provisions of this Section are intended to ensure that telecommunications facilities are located, installed, maintained and removed in a manner that: a. Minimizes the number of antenna towers throughout the community; b. Encourages the co-location of telecommunications facilities; c. Encourages the use of existing buildings, light or utility poles, water towers or other structures for antenna mounting and discourages construction of new antenna towers; d. Ensures that telecommunications facilities are located and designed to minimize visual impact on the surroundings. e. Ensures that regulation of telecommunications facilities does not have the effect of prohibiting the provision of telecommunications services, does not unreasonably discriminate among functionally equivalent providers of such services, and allows the provision of adequate area coverage by such services. 3. Definitions. a. Ancillary Facilities. Buildings, cabinets, vaults, enclosures, equipment, and the like required for operation of telecommunications systems. b. Antenna. Any device that transmits and/or receives radio waves, microwaves, or other electro-magnetic radiation for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, micro-wave, cellular telephone and similar forms of communications. c. Antenna Support Structure. Any structure or building not constructed primarily for the purpose of supporting an antenna but that supports an antenna as a secondary or accessory use. d. Antenna Tower. Any structure or pole erected primarily for the purpose of supporting one or more antennas that are used to provide commercial wireless communications or telecommunications services. e. Antenna Tower Height. The overall vertical length of the antenna tower above ground level. f. Co-location. Placement of one or more antenna(s) on an antenna support structure or the placement of an antenna on an antenna tower on which one or more antennas are already located. g. Lattice Tower. An antenna tower characterized by a framework of lateral or diagonal cross members that stabilize the tower. h. Monopole. An antenna tower that consists of a single upright pole, which is self- supporting and without supports or guy wires. ## Page 29 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 26 OF 38 i. Small Wireless Facility. A telecommunications facility that meets each of the following conditions: i. The structure on which the antenna facilities are mounted is: (a) Fifty (50) feet or less in height; or (b) No more than ten percent (10%) taller than other adjacent structures; or (c) Not extended to a height of more than ten percent (10%) above the height as a result of the co-location of new antenna facilities. ii. Each antenna (excluding associated antenna equipment) is no more than three (3) cubic feet in volume; and iii. All antenna equipment associated with the facility (excluding antennas) is cumulatively no more than twenty-eight (28) cubic feet; and iv. The facility does not require antenna structure registration under Part 17 of FCC regulations; and v. The facility does not result in human exposure to radiofrequency radiation in excess of the application safety standards specified in FCC Rule 1.1307(b) or any rule that subsequently replaces FCC Rule 1.1307(b). j. Telecommunications Facilities. Antenna towers, antenna support structures, antennas and their ancillary facilities that are used to provide commercial wireless communications or telecommunications services. k. Temporary Antenna Tower. An antenna tower established for the purpose of providing tele-communications services on a temporary basis for a special event or to temporarily replace an antenna tower while it is being repaired. 4. General Use Regulations a. The installation of lattice towers is prohibited, as permitted as temporary antenna towers subject to Section 4.d. herein. Replacement, relocation or alteration of non- conforming lattice towers shall be subject to the Nonconformity Regulations in Section 4 1 7 of this Zoning Code. b. A Conditional Use Permit shall be required before the installation, relocation, replacement, and/or alteration of an antenna tower that exceeds thirty-five (35) feet in height. c. Except for small wireless facilities, which are subject to the standards contained in Section 6 herein, co-location shall be a permitted use within all zoning districts when located upon existing antenna towers and antenna support structures if the antenna extends no more than fifteen (15) feet above, and projects no more than eight (8) feet horizontally away from the existing tower or support structure. Any co-location of wireless facilities that exceed such limits shall require a Conditional Use Permit. d. A temporary antenna tower as defined herein shall be a permitted use in all zoning districts, subject to site plan approval by the Zoning Administrator. The duration of the temporary antenna tower at the site shall not exceed the special event time or the time reasonably needed to repair the antenna tower in need of repair as determined by the Zoning Administrator. 5. General Telecommunication Facility Development Standards a. Prohibited Towers. The installation of telecommunications facilities utilizing lattice towers or towers requiring supporting guy wires shall be prohibited. ## Page 30 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 27 OF 38 b. Antenna Tower Setback from Highway Right-of-Way. No antenna tower that exceeds sixty (60) feet in height shall be permitted within five hundred (500) feet of US Highway 95 and/or State Highway 8 rights-of-way unless the proposed site is in the U, MB, or I Zoning District, in which case the antenna tower shall be set back a minimum of one hundred (100) feet from said right-of-way. c. Antenna Tower Setback from Property Lines. Antenna towers shall be separated from the property line of any adjacent property zoned for residential uses at least a distance equal to the height of the antenna tower, and shall be separated from adjacent property lines in all other zones by at least a distance equal to one-half (1/2) the height of the antenna tower. d. Security. Every telecommunications facility shall be protected from unauthorized access by appropriate security measures. e. Lighting. No antenna or antenna tower shall be lighted unless required by the Federal Aviation Administration or other state or federal agency having such authority, and such lighting shall not be more than the minimum required by such agency. f. Noise Reduction. Noise generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to no more than forty-five decibels (45 dB). g. Signage. The placement of signage on antenna towers is prohibited, except for the placement of security signage, which shall not exceed six (6) square feet on each side of the antenna tower and shall not be located higher than six (6) feet above grade. Additionally, one security sign not to exceed one (1) square foot may be provided on each fifty (50) lineal feet of wall or fence enclosing the facility. h. Aesthetic Considerations. i. Antenna towers shall be painted a neutral color consistent with the natural or built environment of the subject site and the surrounding area unless otherwise required by any State or Federal agency having such authority. ii. Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the subject site and the surrounding area and shall also comply with any design guidelines applicable to the particular zoning district in which the facility is located. iii. Antennas and cables shall be of a color identical to or closely compatible with that of the structure to which they are attached unless otherwise required by the Federal Aviation Administration or any applicable state or federal agency. Telecommunications facilities located above ground in or directly adjacent to any residential zoning district shall be surrounded by a minimum six (6) foot high decorative wall constructed of brick, stone, or textured concrete block. Said wall shall be surrounded by a Type “A” Landscape Buffer Yard planted adjacent to said wall or fence or at an alternate location providing equal or better buffering. Telecommunications facilities in all other Zoning Districts shall be surrounded by a minimum six (6) foot high wall or solid or slatted fence. Said fence or wall shall be surrounded by a Type “A” Landscape Buffer Yard planted adjacent to said wall or fence or at an alternate location providing equal or better buffering. ## Page 31 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 28 OF 38 iv. Vehicle or outdoor storage on any antenna tower site is prohibited unless otherwise permitted by the Zoning District in which the tower is located. v. At least one (1) on-site parking stall with a vehicle turnaround area shall be provided at each antenna tower site. The parking area and driveway to it shall consist of asphalt, concrete, or gravel. vi. Ancillary facilities located above ground for antennas shall be set back a minimum of fifty (50) feet from any adjacent property that is either located within a residential zoning district or utilized for residential purposes, unless the applicant can demonstrate that the specific proposal will present no greater adverse visual and audio impacts to surrounding properties. i. Co-location Consent for New or Existing Antennal Towers. i. Existing Antenna Towers. Prior to the issuance of any permit to relocate, alter or modify any antenna tower, the tower owner shall provide to the City a notarized written commitment to make said antenna tower available for use by others subject to technical and structural limitations and reasonable financial terms. The failure of an antenna tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and, among other remedies of the City, shall be just cause for the withholding of the issuance of future antenna tower permits to such an owner as well as revocation of antenna tower permits for any antenna tower on which co-location is refused or unreasonably hindered. ii. New Antenna Towers. Any new or relocated antenna tower eighty (80) feet or greater in height shall be designed and constructed to accommodate at least two (2) additional users unless a larger number of users needs to be accommodated as indicated by the response to the Notice provisions herein. As an alternative, a smaller tower may be approved if the tower owner commits in writing to “swap out” to a larger tower when needed to allow co-location space for additional service providers. A notarized written commitment to shared use as specified in Subsection 5.j.i above shall be submitted to the Zoning Administrator by the antenna tower applicant. The failure of the owner of an antenna tower built with a capacity for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this Ordinance and, among other remedies of the City, shall be just cause for the withholding of the issuance of future antenna tower permits to such an owner as well as revocation of antenna tower permits for any antenna tower on which co-location is refused or unreasonably hindered. j. Antenna Tower Inventories. Prior to the issuance of any permit to install, relocate, replace or alter any antenna tower, the tower owner shall furnish the Zoning Administrator an inventory of all of the owner’s antennas and antenna towers in the City of Moscow and within one (1) mile of the City limit boundary. The inventory shall include the reference name or number, or other description of location including a site map(s), structure type, height, type of antenna tower(s) or antenna support structure(s) and height of all existing antennas and an assessment of available ground space for the placement of additional equipment shelters for potential future users. ## Page 32 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 29 OF 38 k. Notice of Antenna Tower Permit Applications. The applicant for any antenna tower permit shall have a copy of the application and a summary containing the height, design, location, type and frequency of antennas delivered by certified mail to all known and potential antenna tower users within the service area. Proof of such delivery of the summary shall be submitted with the permit application to the City. Such notification shall be so mailed no less than sixty (60) days prior to the public hearing at which the application will be considered and shall specifically solicit co- location discussion between the applicant and recipients of the notice. The Zoning Administrator may establish a form required to be used for such notifications. Upon request, the Zoning Administrator shall place on a list the name and address of any user or prospective user of antenna towers to receive notification of applications. The failure of the party receiving such Notice to use this process or respond to any such Notice may be considered cause for denying requests by such party for antenna tower permits. Such response shall be provided in writing to the Zoning Administrator within forty-five (45) days of mailing and shall contain a statement specifying desire to co-locate on the applicant’s proposed tower and a statement regarding the responder’s ability to accommodate the needs of the applicant on an existing tower or support structure owned or operated by the responder. 6. Small Wireless Facility Standards. a. Applicability. These standards shall apply to the installation of new small wireless facility antennas or the co-location of small wireless facilities on existing antenna support structures. The City Council may adopt additional small wireless facility design and construction standards by Resolution and the most restrictive provisions of either shall apply. b. Approvals. Small wireless facilities shall be subject to the administrative approval of the Zoning Administrator, or their designee, subject to the construction standards and permit and application process contained herein and as established by Resolution of the City Council. c. Co-location Upon Existing Antenna Support Structures. Co-location of small wireless facilities upon existing antenna support structures shall be a permitted use subject to the following standards. i. Height of co-location antennas. Small wireless facilities shall not extend more than five (5) feet above and two (2) feet horizontally from the existing antenna support structure. ii. Shrouding of antennas and supporting equipment. All small wireless facility antennas, attendant equipment, and cabling shall be shielded from view by equipment and cable shrouds and/or equipment enclosures that shall be colored gray (RAL 7074) or other similar color as approved by the City. iii. Maximum number of shrouds. Only one equipment shroud, containing all required small wireless facility equipment, shall be installed per antenna support structure. Except, one additional equipment shroud shall be allowed per pole if the antenna is located within the second equipment shroud. iv. Shroud mounting method. Small wireless facility shrouds may be either top or side mounted to an existing antenna support structure, or suspended from ## Page 33 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 30 OF 38 strand-mounted to aerial cables as may be approved by the utility cable owner in accordance with the standards contained herein. (a) Side mounted. Side mounted equipment shrouds shall be located in such a manner as to not obstruct pedestrian access on adjacent sidewalks. Where side mounted equipment shrouds are placed above adjacent sidewalks a minimum clearance of eight (8) feet shall be maintained between the bottom of the shroud and mounting hardware and the walking surface. Where side mounted shrouds overhang the adjacent curb or roadway, a minimum clearance of fourteen (14) feet shall be maintained between the bottom of the equipment shroud or mounting hardware to the roadway surface. If the antenna is mounted to the side of the pole it shall be located inside a maximum shroud of 5.5 cubic feet in volume with a sixteen (16) inch maximum width. (b) Top mounted. If the antenna shroud is located on top of the antenna support structure, the outer diameter shall be fourteen (14) inch maximum and the antenna shroud shall be no more than five (5) feet tall, including antenna, radio head, mounting bracket, and all other hardware necessary for a complete installation. v. Obstruction of lighting prohibited. Shroud installations upon antenna support structures containing street lights shall not obstruct, interfere with, or diminish the light distribution and lighting levels of the street light fixture. d. Replacement Combination Light and Antenna Towers. i. Existing antenna support structures (such as light poles) may be replaced with new equivalent combination structures intended to accommodate the intended function of the existing antenna support structure and accommodate a small wireless facility subject to the following requirements: (a) The replacement antenna support structure is of the same quality, color, design and style to be consistent with other existing support structures in the surrounding area subject to the approval of the Zoning Administrator; (b) The replacement antenna support structure is of the same height as the existing support structure excluding the top mounted small wireless facility antenna which may exceed the height of the existing antenna support structure and which shall comply with the top mounted shroud standards contained herein; (c) The replacement antenna support structure shall be designed to internally accommodate all necessary small wireless supporting equipment in accordance with the standards required of new small wireless facilities contained herein; (d) The replacement of decorative and/or historic light fixtures shall not be permitted unless the applicant can demonstrate that the proposed replacement antenna support structure will not disrupt or interfere with the visual theme and style of lighting within the surrounding area. e. New Small Wireless Facility Antenna Towers. i. Maximum height. No new small wireless antenna tower may exceed forty (40) feet in height unless a Conditional Use Permit is received to exceed this height limitation. ## Page 34 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 31 OF 38 ii. Antenna and equipment shrouding. New standalone or new and/or replacement combination light and small wireless antenna towers shall fully enclose and contain all the small wireless communications equipment, cabling, and antennas, and shall be of a style and color that is consistent with other similar light poles and fixtures within the surrounding area as approved by the City. iii. Maximum number of shrouds. Only one equipment shroud, containing all required small wireless facility equipment, shall be installed per antenna tower. iv. Minimum spacing between small wireless facility antenna towers. Small wireless facility antenna towers shall be located no closer than two hundred fifty feet (250’) from any other small wireless facility antenna tower. This separation requirement shall not apply to co-locations upon existing antenna support structures or replacement combination light and small wireless antenna towers. v. Antenna tower design. New small wireless antenna towers shall consist of a ten (10) inch galvanized straight steel pole, powder coated black over zinc paint, with a foundation base of sixteen (16) inches in diameter designed to accommodate all necessary supporting equipment and a top antenna shroud of no more than fourteen (14) inches in diameter. All tower components and antenna shrouds shall be painted a matching black color. 7. Permits Required a. A building permit shall be required to construct, install, relocate, replace, or alter any antenna tower. An administrative zoning permit shall be required to locate or replace any antenna on an antenna tower or antenna support structure. A Conditional Use Permit shall be required as specified in Section 4 herein. b. An application for any of the above-mentioned permits shall include or be accompanied by all of the information necessary to determine and document compliance with the regulations established herein. Where no application or permit form exists, the application shall be in the form of a letter signed and dated by the applicant, and the permit issuance shall be in the form of a letter of approval signed and dated by the Zoning Administrator or a dated signature by the Zoning Administrator on the applicable site plan. c. Specific permit application submittal requirements shall be determined by the Zoning Administrator and may include, but are not limited to, the following: i. Permit application. ii. Site plan. iii. Elevation drawing(s) of the antenna tower or antenna support structure, antenna(s) and ancillary facilities. iv. Photo simulations from three different perspectives of the installation site illustrating the anticipated visual appearance of the proposed wireless facility (not required for small wireless facilities). v. Description of proposed and required lighting including light locations. Documentation of required lighting, as specified in Section 5.e. herein, may be deferred until prior to issuance of building permit if not available at time of application submittal. vi. Any plans necessary to depict structural requirements. ## Page 35 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 32 OF 38 vii. Description of the number and types of antennas being proposed, as well as the expected or known capacity of the antenna tower in terms of the number of antennas the antenna tower can accommodate. viii. Antenna tower or antenna location study specifying the search process by which the proposed site was chosen. ix. Antenna tower inventory as specified in Section 5.j. herein. x. Notarized written commitment to allow co-location/shared use as specified in Section 5.i.i. herein (not required for small wireless facilities). xi. Documentation by a certified radio frequency engineer demonstrating compliance with current non-ionizing electromagnetic radiation (NIER) or radio frequency (RF) emissions standards as established by the Federal Communications Commission (FCC). Such documentation may be deferred until prior to issuance of building permit if not available at time of application submittal. Upon the construction of a small wireless facility, the City reserves the right to conduct annual NIER and RF emissions testing, as permitted by Federal and State regulations, by a certified radio frequency engineer to verify that the facility is in compliance with FCC standards. If the facility is found to not be in compliance with FCC standards, the City shall require the facility to be brought into compliance in accordance with the applicable Master License Agreement. xii. Current FCC license to operate. xiii. Documentation of a review by the Federal Aviation Administration (FAA) and/or the Aviation Division of the Idaho Transportation Department (ITD). Such documentation may be deferred until prior to issuance of building permit if not available at time of application submittal. xiv. Name and address of the property owner, telecommunications service provider, and owner of the telecommunications facility on the permit application, and a written statement of approval of the application by the property owner. xv. Description of proposed security measures as required in Section 5.d. herein. xvi. xvi. A tree protection plan prepared by a certified arborist if the installation of the wireless telecommunication facility will be located within the canopy of a street tree, or within a ten-foot radius of the base of such a tree. 8. Findings for Conditional Use Permit. a. Before a Conditional Use Permit for an antenna tower may be issued, the applicant must demonstrate, and the Zoning Board of Adjustment must find, compliance with all of the following: i. No existing antenna towers or antenna support structures within the necessary geographic area for the applicant’s antenna tower meet the applicant’s requirements considering (a) height, (b) structural integrity, or (c) that there are other prohibitive conditions that render existing antenna towers or antenna support structures within the applicant’s required geographic area unsuitable. ii. That the design of the antenna tower, including the antennas and ancillary facilities, minimizes visual impact and otherwise complies with provisions and intent of this Section. ## Page 36 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 33 OF 38 iii. That the proposed antenna tower location minimizes the number and/or size of antenna towers or antenna support structures that will be required in the area. iv. That the applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this Ordinance or otherwise. These findings shall be required in addition to those required for the Reasoned Statement of Relevant Criteria and Standards provided in Section 4 8 4 of the Zoning Code. 9. Abandonment and Removal. a. All telecommunications facilities shall be removed by the owner of the facility, by the operator of the facility, and/or by the property owner within six (6) months of the time that the facility has substantially ceased being used to provide telecommunications services to the public. Removal shall not be required when the owner or operator of the facility has, within the aforementioned six (6) months, filed with the City a written request to reuse the antenna tower and the City has approved such request. Such written request shall detail the circumstances that justify why the antenna tower should not be removed, why it will be unused for six (6) months or more, and shall commit to a date certain, not to exceed twelve (12) months from the date of last use, by which time the antenna tower will again provide telecommunications services to the public. Before issuance of an antenna tower permit, the applicant for any antenna tower permit shall provide to the City financial security, such as but not limited to an open-ended bond, to ensure removal of the antenna tower and ancillary facilities after the facility is no longer being used to provide telecommunications services to the public. 10. Affirmative Duty to Keep City Informed. a. All telecommunications service providers having telecommunications facilities in the jurisdiction of the City shall be required to report in writing to the Zoning Administrator any change in the status of their operations. Change in status shall include, but is not limited to, the following: i. Change in or loss of license from the FCC to operate. ii. Receipt of notice of failure to comply with the regulations of any other authority having jurisdiction over the business or facility. iii. Change in ownership of the company that owns the telecommunications facilities or that provides telecommunications ser-vices. iv. Loss or termination of lease with the property owner or the owner of the telecommunications facilities. v. Abandonment of a facility or non-use of a facility for a period of six (6) months or longer. b. All telecommunications service providers having facilities in the jurisdiction of the City shall file with the Zoning Administrator an annual written statement verifying continued use of each of their facilities in the City’s jurisdiction as well as continued compliance with state and federal agency regulations. I. Temporary Uses. 1. Applicability and Purpose. It is the intent of this Section to allow Temporary Uses upon developed or undeveloped commercial property within the City, subject to the following standards. These standards are intended to reduce the potential traffic, ## Page 37 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 34 OF 38 parking, safety, and nuisance issues associated with the short term nature of Temporary Uses. 2. Specific Standards. a. Site Access. Vehicular ingress and egress from the subject property shall be from an established vehicular approach or a temporary approach as approved by the City Engineer. Approaches shall be clearly identified and delineated and shall not present a traffic hazard to the adjacent roadway as determined by the City Engineer. b. Site Circulation. Vehicular circulation shall be delineated and maintained on the subject property in order to reduce the risk of vehicular conflicts and ensure orderly circulation. c. Setbacks. All temporary structures shall meet the minimum yard setback requirements of the underlying zoning district. d. Vision Triangle. All temporary structures shall be located outside of street intersection sight triangles. All displays, goods, or objects placed within street intersection sight triangles shall be in accordance with the City Standard Construction Specifications and drawings as adopted by the Council. e. Duration. Each Temporary Use may not exceed forty-five (45) days per calendar year, f. Nuisances. A Temporary Use shall not result in dust, noise, tracking of dirt in the public right-of-way, or other nuisances generated upon the subject property. 3. Permit Required. A Temporary Use Permit shall be required for any Temporary Use conducted on an undeveloped property or a property which does not have an existing developed parking area. J. Townhouses. 1. Building Development Standards. a. Building Orientation and Front Entry Feature. The front and main entrance of all townhouse units shall be oriented toward and shall face the adjacent public street. b. Front Entry Feature. Townhouse units shall include a porch or stoop entry feature that clearly establishes the location of the principal entry of the townhouse unit and the orientation of the unit to the adjacent public street. This shall be accomplished through the provision of one of the following elements: i. covered front porch feature of no less than four feet (4’) in depth and six feet (6’) in width; ii. covered front stoop of no less than four feet (4’) in depth and four feet (4’) in width; or iii. any other significant entry feature deemed equivalent by the Zoning Administrator. c. Façade and Roof Line Articulation. Townhouses should be designed as a unified building mass with common architectural styling and details. The building mass shall be varied by material and color variations, shifts in roof profiles and variation at corner units. Individual units shall be expressed through façade articulation or vertical divisions between individual units and through roof structure variation that expresses the individuality of each unit. d. Fenestration. Townhouse units shall include door and/or window openings upon all front and exterior side walls to provide adequate natural light, provide architectural detailing, and to enhance security upon adjacent sidewalks and streets. ## Page 38 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 35 OF 38 Windows and doors shall occupy no less than ten percent (10%) of front wall and exterior side wall areas. e. Building Height. Maximum building height shall be as specified within the applicable Zoning District. f. Unit Grouping and Spacing. Townhouse buildings shall contain no more than eight (8) contiguous units. Spacing between townhouse buildings shall be no less than sixteen feet (16’). Spacing between townhouse buildings shall include a four foot (4’) wide pedestrian easement and sidewalk joining the alley, or rear of the townhouse development, to the public sidewalk adjacent to the front public street. 2. Parking and Access. a. Street Access. Rear vehicular access to townhouse developments via an existing public alley or a private drive within the townhouse development is preferred; however, front vehicular access can be allowed in accordance with the standards herein. b. Curb Cut Minimum Spacing. Curb cut spacing shall be no less than twenty-four feet (24’) apart, as measured from the two closest points of the curb cuts. Front loaded townhouse units curb cuts shall be no more than twenty feet (20’) in width and such curb cuts shall be used to serve the two (2) adjacent units. Curb cuts for private drives that provide access to rear loaded townhouse units shall be no more than twenty-four feet (24’) in width. c. Garage Design. The garage door on front loaded townhouse units shall occupy no more than sixty percent (60%) of the townhouse unit width. Front loaded garage doors shall be recessed from the surrounding structure and shall include design features and windows that complement the townhouse design and shall be painted to match the townhouse unit served by such garage. d. Guest Parking. Town-house developments of more than twenty-four (24) units shall provide off-street guest parking at the rate of one (1) stall per each four (4) townhouse units. Such guest parking shall be located within the required spacing between townhouse buildings or at the rear of the townhouse buildings. 3. Open Space Requirements. Open space shall be provided as follows: a. Private Open Space Requirement. Each townhouse unit shall provide a minimum of one hundred eighty (180) square feet of functional open space which may be provided via a private yard, balcony, deck, roof garden or patio area. The smallest dimension of such open space shall not be less than eight feet (8’) and fencing or other privacy screening shall be provided between adjacent private open space areas. The required front entry feature and required front yard area shall not be used to satisfy the private open space requirement. b. Common Open Space Requirement. Townhouse developments of more than twenty-four (24) units shall provide functional common open space of seventy-five (75) square feet per unit. Such common open space shall be of a functional size, the smallest dimension of which shall not be less than thirty feet (30’) and shall include landscaped and turf areas and shall include at least two (2) different furnishings such as benches, picnic tables, children’s play equipment or other similar items. 4. Landscaping. All townhouse projects shall include aesthetically pleasing landscaping material within the required front and street side yard areas of sufficient quantity to ## Page 39 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 36 OF 38 buffer and soften the building massing. Such landscaping shall include a combination of trees, shrubs and other landscaping materials. Plans for such landscaping shall be required as part of the building permit application and shall be subject to approval of the Zoning Administrator. K. Self-Storage Facilities. 1. Applicability and Purpose. The following standards are intended to ensure that the design and operation of self-storage facilities that are located in certain zoning districts are compatible with the surrounding area and minimize their impacts on adjacent uses. 2. Development Standards. Self-storage facilities shall comply with the following design standards and requirements: a. Minimum Property Size. The minimum parcel size of a self-storage facility development shall be one-half (1/2) acre. b. Property Setbacks. Front and street side setbacks shall be twenty (20) feet. Rear and side yard setbacks shall be ten (10) feet. These setback requirements shall supersede the corresponding requirements of the zoning district which the property is located within. c. Building Orientation. The access doors of individual storage units shall face the interior of the site. This shall not apply to storage units that are accessed within an enclosed structure. d. Building Height. The height of self-storage buildings shall be limited to fourteen (14) feet at the eaves. e. Hours of Access. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. f. Landscaping. A Type A Landscape Buffer as defined in City Code Section 4-6-5, shall be installed and maintained around the perimeter of the entire site. g. Interior Access. Vehicular travel aisles that are used for internal circulation within a self-storage facility development shall not be less that twenty (20) feet in width and shall meet the paving standards of City Code Section 4-6-2. h. Indoor Storage. The storage of personal property within the enclosed individual storage bays of a self-storage facility. For the purposes of this Section, personal property shall be defined as goods, wares, merchandise, motor vehicles, watercrafts and household items and furnishings. i. Outdoor Storage. The storage of personal property outside of the enclosed individual storage bays of a self-storage facility shall not be permitted with the exception of Recreational Vehicle (RV), as defined by Idaho Code Section 39- 4201(2), and boat storage. RV and boat storage must be located at the interior of the site and shall not be visible from any adjacent streets or properties. In order to achieve proper screening of outdoor storage areas, self-storage facility buildings at the exterior of the site shall include a shed roof design that slopes to the exterior of the site. The building walls that face the interior of the site shall be fourteen (14) feet in height and the building walls that face the exterior of the site shall be ten (10) feet in height. j. Architectural Standards. The use of reflective, bright, or metallic colors on buildings or structures associated with a self-storage facility development is prohibited. ## Page 40 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 37 OF 38 k. Lighting. All outdoor lighting shall meet the requirements contained in City Code Section 4-6-9 and shall be subject to full cut-off as defined in City Code Section 4- 6-9. Freestanding lights shall not exceed fourteen (14) feet in height. l. Proximity to Residential Zones. No property boundary of any self-storage facility shall be located within three hundred (300) feet of any property within the SR, R- 1, or R-2 Zones. m. Fencing. The perimeter of the self-storage facilities shall be fenced, walled, or enclosed and screened from public view and shall meet the standards of City Code Section 4-6-8. 3. Restrictions on Use. Self-storage facilities shall only permit personal property to be stored as authorized in this Section. Self-storage facilities shall also comply with the restrictions contained in Idaho Code Title 55, Chapter 23 for self-service storage facilities. (Ord. 2010-24, 11/15/2010; 2011-15, 09/19/2011; 2012-23, 12/03/2012; 2013-15, 08/19/2013; 2015-06, 04/06/2015; 2015 07, 05/04/2015; 2018-07, 05/21/2018; 2019-12, 12/02/2019; 2020-14, 11/16/2020; 2021-09, 07/19/2021; 2024- 04, 03/04/2024). … SECTION 4: SEVERABILITY. Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not affect the validity of the remaining provisions. The remaining sections of Title 4, Chapter 1 and Chapter 3 shall be in full force and effect. SECTION 5: EFFECTIVE DATE. After its passage and adoption, a summary of this Ordinance, under the provisions of the Idaho Code, shall be published once in the official newspaper of the City of Moscow. This Ordinance shall be in full force and effect from and after the date of its passage, approval and publication according to law. PASSED on Motion by the Following Vote: Aye Nay Abstain Absent Scott Sumner Sage McCetich Bryce Blankenship Drew Davis Sandra Kelly Evan Holmes ## Page 41 ORDINANCE 2026-__ AMENDING MCC T4 CH1 AND CH3 PAGE 38 OF 38 ADOPTED by the City Council of the City of Moscow, Idaho and APPROVED by the Mayor of the City of Moscow, this ____ day of ___________, 2026. _________________________ Hailey Lewis, Mayor CERTIFICATION and ATTESTATION. I hereby certify that the above is a true copy of an Ordinance passed at a regular meeting of the City Council, City of Moscow, held on _______________, 2026. __________________________ Laurie M. Hopkins, City Clerk ## Page 42 Redaction Log Reason Page (# of occurrences) Description § 74-105(1) and § 74-124 (1)(c) 1 (8) Unwarranted invasion of personal privacy