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Memo
To:	Community Development Department
From:	Cody Riddle, Community Development Director 
Date:	December 1, 2025
Re:	Guidance Regarding Determination of Dwelling Units and Housekeeping Units 
Recently, the Community Development Department has received building permit applications and construction plans for structures represented as two-family dwellings, but which clearly are designed and intended to be managed and leased as multi-family dwellings.  It appears that the subject structures are being represented as two-family dwellings to subvert and avoid the ADA, life-safety, off-street parking, and other Federal, State, and local building standards and requirements that apply to multi-family dwellings. Multi-family dwellings are required to contain fire alarm and suppression systems, ADA accessible dwelling units and site amenities (mailboxes, garbage receptacles, ADA parking spaces and accessible walkways), and off-street parking and common open space areas. Two-family dwellings are not required to provide fire alarm or suppression systems, are not subject to ADA accessibility requirements, are not required to provide ADA accessible parking and have much lower off-street parking requirements.

The City has recently received two applications for four duplexes on two separate properties that contains five separate dwelling units per “side” of the duplex, each dwelling unit containing separate food preparation areas, separate toilets and shower facilities, separate laundry facilities, separate refrigerators, separate ingress and separate egress, with the only shared common area being a stairwell providing independent access to each “dwelling unit” in the same fashion as any other apartment building (see attached building plans). The applicants went so far as to show kitchen appliances within the stairwell in an attempt to demonstrate a shared food preparation area, while also showing that each “bedroom” contains independent food preparation areas. 

Each half of the duplex contained five kitchen sinks, five refrigerators, five clothes washers and dryers, and five bathrooms, providing full housekeeping facilities for each “bedroom” to be independently leased and occupied. When asked, applicants have admitted that they intended to lease each “bedroom” separately as a separate unit. These “duplexes” clearly contained 20 separate dwelling units within two proposed “duplexes” with 8 off-street parking spaces provided (see the attached building plans). The same project permitted as a multi-family dwelling would require 25 off-street parking spaces to mitigate the impact of the use.

Complaints received from tenants in buildings that were previously approved as duplexes but then converted or managed and leased as multi-family dwelling units, clearly demonstrate that these “bedrooms” are being leased as separate dwelling units, and the occupants of each “bedroom” do not have a legal common right to enter and access the entire dwelling unit. From the exterior of the structure on one of these recent “duplexes”, each “bedroom” door contains a unit number, clearly indicating the leasing of each “bedroom” as separate dwelling units. The City has received complaints and reports regarding the adverse impacts from surrounding properties, including illegal parking, vandalism, harassment, and retaliation when property owners attempt to prohibit the unpermitted overflow of parking from these developments from occupying their private property.

These apartment complexes, submitted as “duplexes”, do not comply with Moscow City Code, subvert parking, life safety and ADA requirements, and would result in significant adverse impacts upon the surrounding area due to the increased impacts from overflowing off-street parking, excessive density, and other neighborhood impacts. The Moscow Zoning Code contains definitions that clearly identify and describe Two-Family Dwellings, Dwelling Units, Multi-Family Dwellings, and what constitutes a Family occupying a Dwelling Unit as a single-housekeeping unit. These definitions, when read in concert, clearly describe both the physical elements as well as the operating characteristics of what constitutes a Two-Family Dwelling under the Moscow Zoning Code. 

Basis of Zoning Authority
MCC 4-1-2 describes the basis of the City’s authority to regulate land use and development by stating, “This Zoning Code is adopted pursuant to the authority conferred by Chapter 65, Title 67 and Chapter 13, Title 50 of the Idaho Code and to the home rule authority of Idaho cities granted by Article 12, Section 2 of the Idaho Constitution and Section 302 of Title 50, Idaho Code. The City shall designate a Zoning Administrator who shall have all responsibilities required to assist the City to comply with Federal, State and Local statutes and ordinances related to zoning and land use planning, including but not limited to the laws in Idaho Code Title 67, Chapter 65, and the City Zoning Code.” 

Purpose of Zoning Code
MCC 4-1-3 describes the purpose of the Moscow Zoning Code which includes, “The provisions of this Zoning Code shall be applied to fulfill the following purposes: 
A. Promote the health, safety and general welfare of the Moscow community. 
B. Encourage the most appropriate use of land within the City's jurisdiction to protect the natural and human environment. 
C. Mitigate the effects of incompatible land uses upon neighborhoods, public facilities, and the community as a whole. 
D. Provide for public improvements which are serviceable and durable and which provide for effective service delivery by all public agencies. 
E. Preserve the positive aspects of existing neighborhoods while improving the neighborhoods which have fallen into disrepair. 
F. Provide adequate public services and community amenities in newly developing neighborhoods. 
G. Further the goals of the enabling statutes which grant authority to the City to enact ordinances regulating land use and development.”

Applicability of Zoning Code
MCC Section 4-1-5 A. and B. states that, “This Zoning Code shall apply to buildings, structures, and lands situated within the City and to those buildings, structures and lands hereafter annexed to the City, and to those buildings, structures and lands situated within the Area of City Impact. The regulations set forth in this Zoning Code for each zoning district shall be minimum standards and shall be applied uniformly to each class or kind of structure or land, particularly as follows: 
A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the zoning district in which it is located. 
B. No building or other structure shall hereafter be erected or altered: 
1. to exceed the height or bulk as herein required; or 
2. to accommodate or house a greater number of families than herein allowed; or 
3. to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or 
4. in any other manner contrary to the provisions of this Zoning Code.”

Responsibilities of Zoning Administrator
MCC 4-11-1 provides for the responsibilities of the Zoning Administrator which includes, 
“A. A Zoning Administrator shall administer and enforce this Zoning Code. The Zoning Administrator is authorized to use any and all lawful means available to fairly administer and enforce this Zoning Code. The Zoning Administrator may be provided with the assistance of such other persons as is necessary to administer and enforce this Zoning Code. 
B. If the Zoning Administrator shall find that any of the provisions of this Zoning Code are being violated, the Zoning Administrator or designee shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator or designee shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal additions, alterations, or structural changes; discontinuance of illegal work being done; or shall take other action authorized by this Zoning Code to insure compliance with or to prevent violation of its provisions.”

Applicable Definitions
Moscow City Code provides clear definitions of permitted structures and uses including:

Dwelling, Two Family (MCC 4-1-6.D.49) - A building containing two (2) kitchens and designed to be occupied by two (2) families living independently of each other.

Dwelling Unit (MCC 4-1-6.D.51) - A building or portion thereof providing complete housekeeping facilities for one (1) family. The term "dwelling" shall not be deemed to include motel, hotel, tourist home, bed and breakfast inn, or boarding house.

Dwelling, Multi-Family (MCC 4-1-6.D.50) – A building designed to house three (3) or more families living independently of each other and having one (1) yard in common.

Family (MCC 4-1-6.D.56) - a. For purposes of this “family” definition:
(1) “related” shall mean persons related by blood, marriage, adoption, and/or guardianship or other duly authorized relationship, and 
(2) “family” shall not mean any society, club, fraternity, sorority, association, lodge, federation, bed and breakfast inn, boarding house, residential rental unit, or other like use or organization, and 
(3) there shall be no more than one (1) “family” per dwelling unit, unless otherwise permitted by this Code. 
(4) “living together as a single housekeeping unit” shall mean where all occupants of the dwelling unit enjoy a common right to use the entire dwelling, despite informal arrangements among members to designate certain areas as individual sleeping spaces, and where such persons share household living arrangements, including, but not limited to, rental or mortgage payments, utility payments, groceries, chores, maintenance of the premises, and common sanitary, living, and cooking supplies and/or facilities. 
(5) “related by blood” shall mean persons related in any combination of the following: parents, step-parents, children, step-children, siblings, step-siblings, half-siblings, uncles, aunts, nephews, nieces, grandparents, grandchildren, great grandparents, great grandchildren, and first cousins. 
b. One (1) or more related persons living together as a single housekeeping unit in a dwelling unit; or 
c. Not more than four (4) persons living together as a single housekeeping unit in a dwelling unit, when one (1) or more of them is not related to any other person in such dwelling unit; or 
d. Two (2) persons who are not related and any number of additional persons related to either of such two (2) unrelated persons, as long as all persons are living together as a single housekeeping unit in such dwelling unit; or 
e. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside; and which is supervised. Resident staff, if employed, need not be related to each other or to any of the mentally or physically handicapped or elderly persons residing in the home. No more than two (2) such staff shall reside in the dwelling at any one (1) time

Kitchen (MCC 4-1-6.D.76) - Any rooms used or intended or designed to be used for cooking and/or preparation of food.


Zoning Administrator Determination and Guidance
When read in concert, the Moscow Zoning Code clearly describes what constitutes a two-family dwelling intended to be occupied by two families living independently of each other with each family as a single housekeeping unit, sharing common sanitary, living, and cooking facilities. In light of the recent proposed developments described herein, this guidance document and the directives contained herein, are necessary to ensure compliance with the intent and purpose of the Moscow Zoning Code, and to ensure that all multi-family developments are held to the same standard to protect the public and occupants of such dwellings, and to mitigate the impact of such developments upon surrounding properties.

Effective immediately, all new proposed two-family dwelling units shall be prohibited from having independent housekeeping facilities that would allow individual “bedrooms” to be managed and leased as separate dwelling units. To ensure compliance with the Zoning Code, the following standards shall be applied to all two-family dwellings:

Housekeeping facilities provide permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall be limited to one (1) kitchen and one (1) washer and dryer set per dwelling unit unless otherwise permitted by this Code

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

Sinks, final or rough-in plumbing, or other plumbing features that could be reasonably expected to permit or allow for the installation of a sink, shall not be permitted within any bedroom.

Bedrooms shall not be permitted to have separate and independent means of ingress and egress and shall be accessed from open common areas other than stairwells.

The number of bedrooms shall include any separate room which has external egress via an openable egress window or door (as required under the International Residential Code and/or International Building Code as adopted by the City) in a manner such that they could be legally used as a sleeping room, regardless of whether such room is labeled as a den, study, office, or similar. 


In addition, I will be requesting the Planning and Zoning Commission to consider an amendment to the Code to institute these requirements and ensure compliance with the City of Moscow Zoning Code.

[Table 1]
 | City of 
Community Development