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ORDINANCE NO. 2015 - 06 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, CHAPTERS 2, 6, 1 1, AND 1 2; PROVIDING FOR THE DEFINITION OF ACCESSORY DWELLING UNIT; PROVIDING FOR THE ESTABLISHMENT OF SPECIFIC USE STANDARDS FOR ACCESSORY DWELLING UNITS; PROVIDING FOR THE ALLOWANCE OF ACCESSORY DWELLING UNITS AS A PERMITTED ACCESSORY USE WITHIN ALL RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR THE AMENDMENT OF ACCESSORY BUILDING SETBACK REQUIREMENTS; 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 PAS SAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the Objective of Section 2.7.3 of the Comprehensive Plan -Housing -is to provide a mix of housing that meets the economic and life-style needs of the diverse population of Moscow; and WHEREAS, Accessory Dwelling Units provide housing options and choices that respond to varying income levels, changing household sizes, life-style needs, and accommodate a broader range of accessible and more affordable housing units; and WHEREAS, Implementation Action #3 of Section 2.7.3 of the Comprehensive Plan-Housing states to develop zoning in strategic locations which allows for the development of limited scale accessory dwelling units where they will not interfere with the character and function of the neighborhood; and WHEREAS, Accessory Dwelling Units accommodate new housing units while preserving the character of existing neighborhoods and allow for the efficient use of the City's existing housing stock and infrastructure, and WHEREAS, the General Land Use and Community Character Goal of the Comprehensive Plan is to direct land uses to meet current and future community desires and needs while conserving natural resources and protecting agricultural lands from scattered development through efficient and orderly development; and WHEREAS, Accessory Dwelling Units maintain a more compact form of development within the City's existing developed neighborhoods which reduces outward growth of the City and preserves natural resources and agricultural lands which surround Moscow; and WHEREAS, A General Community Mobility Goal of the Comprehensive Plan is to ensure that all transportation systems enable safe access and promote alternative mode use for all modes of mobility, including pedestrians, bicyclists, motorists and public transit users of all ages and abilities; and ORDINANCE 2015 -06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 1 OF 25 ---PAGE BREAK--- WHEREAS, Accessory Dwelling Units create less of an impact on the transportation system by utilizing existing roadway networks and promoting infill development closer to the City core which provides for greater walkability and shifts in modes of transportation; and WHEREAS, the U.S. Census Bureau projects that by the year 2029, when all of the baby boomers will be sixty five (65) years and over, more than twenty percent (20%) of the total U.S. population will be over the age of sixty five ( 65); and WHEREAS, Accessory Dwelling Units provide a means for residents - particularly seniors, single parents, and empty-nesters - to remain in their homes and neighborhoods, and obtain extra income, security, and companionship; and WHEREAS, Accessory Dwelling Units incrementally increase density and tax base without requiring the extension of additional infrastructure that the City will need to maintain. WHEREAS, on March 1 1 , 2015, the Planning and Zoning Commission conducted a public hearing upon the amendments contained herein and recommended approval to the City Council; and WHEREAS, on April 6, 201 5, the City Council conducted a public hearing and considered and adopted the amendments contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: That Moscow City Code Title 4, Chapter 2 be amended as follows: Sec. 2-2. Agriculture/Forestry Zoning District (AF) A. Intent: The purpose of the Agriculture/Forestry (AF) zoning district is to foster agriculture and forestry land uses while providing for limited, low-density residential land uses which will not conflict with farm and forest practices nor place inappropriate demands on rural public services nor promote the indiscriminate conversion of farm and forest land to other uses. B. Permitted Principal Uses and Structures: 1 . Agriculture, including the raising, harvesting, and selling of crops; on-site storage of grain and seed; the raising and sale of livestock or poultry; dairying and sale of dairy products; and other similar agri . cultural, horticultural, or animal husbandry uses, excluding feedlots with more than twenty (20) animals. 2. Accessory building and uses normal and incidental to the buildings and uses permitted, including dwellings for persons engaged for farm or forestry labor provided such dwelling units are located on the farm owned or operated by the employer. 3. Forestry, including the raising, harvesting, and sale of timber and other forest products. 4. Small sawmills operated as a short-term or subsidiary use on farms or woodlots. 5. Home occupations. ORDINANCE 2015 -06 ACCESSORY DWELLING UNITS APRJL6, 2015 PAGE 2 0F 25 ---PAGE BREAK--- 6. Single family dwelling. 7. Family day care facility and group day care facility. 8. Bed and breakfast inn. 9. Boarding house. 1 0. Residential Rental Unit, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. 1 1 . Type I Accessory Home Occupations. C. Permitted Accessory Uses and Structures: -l-o--Accessory Dwelling Unit, subject to the Specific Use Standards of this Code. GD. Conditional Uses: 1. Self-service Storage Facility. 2. Commercial stables, golf courses, parks and gun clubs, and recreational resorts. 3. Antenna towers. 4. Airports, landing fields, and heliports. 5. Carnivals and circuses, except those m conjunction with a county fair or other governmentally-sponsored outdoor event. 6. Wastewater treatment plants. 7. Churches, convents, monasteries, synagogues, mosques and other similar places of worship and religious practice. 8. Schools, commercial schools and educational institutions. 9. Meeting halls, community and neighborhood center, grange halls, and similar gathering places not for commercial use. 1 0. Small and large day care facility. 1 1 . Feedlots with twenty to two hundred (20 to 200) animals shall be permitted only after issuance of a conditional use permit by the Board of Adjustment. Feedlots with more than two hundred (200) animals shall not be allowed in this district. 12. Rural Businesses, subject to the following limitations: a. No retail sales shall be permitted on site, except as permitted by other provisions of the AF zoning district. b. The number of on-site employees shall be limited to four ( 4 c. All material related to the business shall be stored indoors with the exception of a maximum of four business-related vehicles. d. The area within a building devoted to the business use shall be limited to a maximum of two thousand four hundred (2,400) square feet. 13. Type II Accessory Home Occupations. -9E. Special Uses: 1. Recreational vehicle parks and campgrounds subject to the development standards of City Code Title 6, Chapter 4. 2. Public service and utility facilities not listed as permitted uses in this zoning district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations, and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures. 3. Cemeteries. B-_E. Lot Requirements: 1 . Minimum Lot Area - nine thousand six hundred (9,600) square feet. ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 3 OF 25 ---PAGE BREAK--- 2. Minimum Lot Width - eighty feet or seventy feet (70') for lots which are provided rear access from an alley. GF-. Minimum Lot Area Requirements: Forty ( 40) Acres. 1 . Exception to minimum forty (40) acre lot size: No more than one parcel of land less than forty ( 40) acres may be divided from an existing parcel of forty ( 40) acres or more in the AF zoning district (a 1/4-1/4 section or full Government Lot shall be treated as a forty (40) acre parcel for the purposes of this Zoning Code). The small parcel shall be at least one acre in area and must be registered with the Office of the Latah County Clerk and the City Community Development Department. Such exceptions must be reviewed and approved by the Council and the Board of Latah County Commissioners. 2. No parcel shall be eligible for a building permit unless the owner demonstrates that: a. Adequate access is provided by parcel frontage to a public road. If either parcel does not front a public road, the parcel must contain a recorded easement of at least thirty feet (30') in width which connects to a public road. Access to a public road, either direct or by easement, will require written approval from the jurisdiction maintaining the accessed public road. b. Adequate sewage disposal facilities can be located on the parcel as evidenced by written approval from the North Central District Health Department. c. A legal description and map have been prepared by the applicant and reviewed by the Latah County Surveyor. The map should contain a vicinity map, dimensions of the boundary and proposed lot lines, north arrow, scale, adjacent property owners and width of any easements. Minimum Yard Requirements: Front yard: Twenty feet (20') from the public right-of-way. HG. 1 . 2. Rear yard: Thirty-five feet (35') for a principal building; ten feet (10') for a detached accessory building. 3. Side yard: Thirty-five feet (35') for a principal building; ten feet (10') for a detached accessory building. 4. Street Side Yard: Twenty feet IH. Signs: Pursuant to the Moscow Sign Code. Sec. 2-3. Farm, Ranch, and Outdoor Recreation Zoning District (FR). A. Intent: This classification is intended to permit current agricultural, outdoor recreation and other open land uses to be maintained and at the same time to set minimum standards for the development of similar new uses in order that this open zoning district be protected against spasmodic, disorderly and indiscriminate development until such time as another appropriate use of the land in this zoning district has been determined. It· is also intended that newly annexed areas of the City be placed in this classification until land ·use studies determine the character and appropriate use of such areas. B. Permitted Principal Uses and Structures: 1 . One ( 1 ) single family dwelling per lot. 2. Market Gardens, Community Gardens and Accessory Gardens, including on site retail sales. 3. Public parks and public recreation facilities. 4. Group day care facility. 5. Keeping of animals and fowl as permitted by this Code. ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE4 0F 25 ---PAGE BREAK--- C. Permitted Accessory Uses and Structures: 1 . Barns and other accessory structures commonly associated with farming, ranching or outdoor recreation. 2. Attached or detached private garages and workshops not to exceed one thousand (1 ,000) square feet. 3. Parking lots for uses permitted in the FR zoning district. 4. Family day care facility. 5. Uses, buildings and structures that utilize electricity and/or water and are accessory to a single family or duplex residence shall be serviced by the same electrical and/or water meter as the single family or duplex residence. 6. Type I Accessory Home Occupations. 7. Accessory Dwelling Unit, subject to the Specific Use Standards of this Code. D. Conditional Uses: 1 . Type II Accessory Home Occupations. 2. Churches, convents, monasteries, synagogues, mosques and other similar places of worship and religious practice. 3. Schools, commercial schools and educational institutions. 4. Small day care facility. 5. Veterinary offices, kennels, animal training centers, and animal hospitals. 6. Feed lots for horses, cattle, goats and sheep, provided that such activities are on a parcel of land of not less than twenty (20) acres, and provided that buildings of feed lots are no closer than five hundred feet (500') from the nearest property line. 7. Driving tees and ranges and miniature golf courses. 8. Barbed wire and other fences constructed in a manner that, without special consideration to the specific location and site characteristics, may be hazardous to persons. 9. Antenna towers. 10. Bed and breakfast inn. 1 1 . Boarding house. 12. Libraries, galleries and museums which are open to visitation by the general public during regular, established business hours. 13. Residential Rental Unit, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. 14. Attached or detached private garages and workshops larger than one thousand (1,000) square feet. E. Special Uses: Public service and utility facilities not listed as permitted uses in this zoning district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations, and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures. F. Limitations On Uses: All products sold on the premises at retail shall be those made incident to a permitted use, unless permitted under City Code Section 4-2-2(C) as a conditional use. G. Lot Requirements: 1 . Minimum Lot Area - three acres. 2. Minimum Lot Width - eighty feet ORDINANCE 2015 -06 ACCESSORY DWELLING UNITS Al'RIL6, 2015 PAGES OF 25 ---PAGE BREAK--- H. Minimum Yard Requirements: 1 . Front - twenty-five feet 2. Street side yard - seventeen feet (1 3. Any other side - five feet but the sum of the two side yards shall not be less than fifteen feet 4. Rear - twenty feet I. Required Open Space: None specified. J. Maximum Height Of Buildings: Thirty feet unless the side yard minimum specified in City Code Section 4-2-3(H) is exceeded. An additional one foot (1 of building height, as measured at the adjacent side property line, is permitted for each one foot (1 by which side yard minimums are exceeded. However, in no case shall the total height of a structure exceed thirty-five feet K. Signs: Pursuant to Moscow Sign Code . • • • Sec. 2-5. Low Density, Single Family Residential Zoning District A. Intent: The R-1 zoning district is a low density residential zone appropriate where the following circumstances are present: 1 . Single family dwellings predominate in the area. 2. The physical character of the area does not lend it to more intense development, either by virtue of irregular topography, restricted access, division of the land into subdivision lots of a size greater than the minimum lot size required by this zoning district, or the application of the Plan policies to the land in question. B. Permitted Principal Uses and Structures: 1 . One single family dwelling per lot. 2. Public parks and recreation facilities, provided, however, that any service yard located within said park shall be maintained no closer than fifty feet (50') to a property line of an adjoining residence of a street frontage. 3. Group day care facility. 4. Market Garden, Community Garden, Accessory Garden, subject to the Specific Use Standards of this Code. C. Permitted Accessory Uses and Structures: 1 . Attached or detached private garages and workshops not to exceed one thousand (1 ,000) square feet. 2. Family day care facility. 3. Parking lots for nonresidential uses permitted in the R-1 zoning district. 4. Uses, buildings and structures that utilize electricity and/or water and are accessory to a single family or duplex residence shall be serviced by the same electric and/or water meter as the single family or duplex residence. 5. Type I Accessory Home Occupations. 6. Keeping of animals and fowl as permitted by this Code. 7. Accessory Dwelling Unit, subject to the Specific Use Standards of this Code. D. Conditional Uses: 1 . Type II Accessory Home Occupations. 2. Small day care facility. 3. Large day care facility. ORDINANCE 2015 -06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE6 0F 25 ---PAGE BREAK--- 4. Churches, convents, monasteries, synagogues and mosques and other similar places of worship and religious practice. 5. Noncommercial private recreation facilities, including golf courses. 6. Accesory living quarters serving as a guest house or domestic servant quarters. Antenna towers. Boarding House, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. ě9. Bed and Breakfast Inn, limited to a maximum of two bedrooms, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. 2_-1-0. Schools, commercial schools and educational facilities. 1-l-Q. Libraries, galleries and museums which are open to visitation by the general public during regular, established business hours. 1 Residential Rental Unit, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. 1 2_Þ. Retail sales associated with a Market Garden, Community Garden, or Accessory Garden. 1 34. Attached or detached private garages and workshops not to exceed one thousand five hundred (1 ,500) square feet. E. Special Uses: Public service and utility facilities not listed as permitted uses in this district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations, and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures. F. Limitations On Uses: All principal uses other than dwellings shall comply with the following standards: 1 . No more than thirty-five percent (35%) of the lot area shall be covered by buildings. 2. Off-street parking shall not be located in required front or street side yards. 3. A type-A buffer yard shall be provided along any property line abutting property classified as zoning districts SR, R-1 , R-2 or R-3. G. Lot Requirements: 1 . Minimum Lot Area - nine thousand six hundred (9,600) square feet. 2. Minimum Lot Width - eighty feet or seventy feet (70') for lots which are provided rear access from ari alley. H. Minimum Yard Requirements: 1 . Front - twenty-five feet 2. Street Side - seventeen feet (1 or twenty feet (20') for any garage having a driveway from the street side yard with a garage door facing said street side yard. 3 . Any other side - five feet but the sum of the two side yards shall not be less than fifteen feet (15') for lots seventy-five feet (75') or more in width and shall not be less than ten feet (10') for lots less than seventy-five feet (75') in width which have alley access. 4. Rear - twenty feet I. Required Open Space: None specified. J. Maximum Height of Buildings: Thirty feet unless the side yard minimum specified in City Code Section 4-2-5(H) is exceeded. An additional one foot (1 of building height is ORDINANCE 2015---06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 7 0F 25 ---PAGE BREAK--- permitted for each one foot (1 by which all side yard minimums are exceeded. However, in no case shall the total height of a structure exceed thirty-five feet K. Signs: Pursuant to the Moscow Sign Code. Sec. 2-6. Moderate Density, Single Family Residential Zoning District A. Intent: The R-2 zoning district is a moderate density residential zone appropriate where the following circumstances are present: 1 . Single family dwellings predominate. 2. The terrain is not irregular and smaller lot sizes can be accommodated without extensive earthwork. 3. Utilities and other public facilities are adequate for the densities allowed. 4. Existing lot development patterns and policies embodied in the Plan will also guide application of this zoning district. B. Permitted Principal Uses and Structures: 1 . One single family dwelling per lot. 2. Public parks and recreation facilities, provided, however, that any service yard located within said park shall be maintained no closer than fifty feet (50') to a property line of an adjoining residence or a street frontage. 3. Group day care facility. 4. Market Garden, Community Garden, Accessory Garden, subject to the Specific Use Standards of this Code. C. Permitted Accessory Uses and Structures: 1 . Attached or detached private garages and workshops not to exceed one thousand (1 ,000) square feet. 2. Family day care facility. 3. Parking lots for nonresidential uses permitted in the R-2 zoning district. 4. Uses, buildings and structures that utilize electricity and/or water and are accessory to a single family or duplex residence shall be serviced by the same electric and/or water meter as the single family or duplex residence. 5. Type I Accessory Home Occupations. 6. Keeping of animals and fowl as permitted by this Code. 7. Accessory Dwelling Unit, subject to the Specific Use Standards of this Code. D. Conditional Uses: 1 . Type II Accessory Home Occupations. 2. Small day care facility. 3. Large day care facility. 4. Churches, convents, monasteries, synagogues and mosques and other similar places of worship and religious practice. 5. Noncommercial private recreation facilities, including golf courses. 6. Accesory living quarters serving as a guest house or domestic servant quarters. Antenna towers. Boarding House, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. ě9. Bed and Breakfast Inn, limited to a maximum of two bedrooms, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 8 OF 25 ---PAGE BREAK--- 2-1-0. Schools, commercial schools and educational institutions. lQ-l-. Libraries, galleries and museums which are open to visitation by the general public during regular, established business hours. 1 Residential Rental Unit, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. lf.J. Retail sales associated with a Market Garden, Community Garden, or Accessory Garden. lJ.4. Attached or detached private garages and workshops not to exceed one thousand five hundred (1 ,500) square feet. E. Special Uses: Public service and utility facilities not listed as permitted uses in this district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations, and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures. F. Limitations On Uses: All principal uses other than dwellings shall comply with the following standards: 1 . No more than thirty-five percent (35%) of the lot area shall be covered by buildings. 2. Off-street parking shall not be located in required front or street side yards. 3. A type-A buffer yard shall be provided along any property line abutting property classified as zoning districts SR, R-1 , R-2, or R-3 as residential. G. Lot Requirements: 1 . Minimum Lot Area - seven thousand (7,000) square feet. 2. Minimum Lot Width - sixty feet or fifty feet (50') for lots which are provided rear access from an alley. H. Minimum Yard Requirements: 1 . Front - twenty feet 2. Street side - fifteen feet or twenty feet (20') for any garage having a driveway from the street side yard with a garage door facing said street side yard. 3. Any other side - five feet but the sum of the two side yards shall be at least fifteen feet (1 for lots fifty-five feet (55') or more in width and shall not less than ten feet (10') for lots less than fifty-five feet (55') in width which have alley access. 4. Rear - twenty feet I. Required Open Space: None specified. J. Maximum Height of Buildings: Thirty feet unless the side yard minimum specified in City Code Section 4-2-6(H) is exceeded. An additional one foot (1 of building height is permitted for each one foot (1 by which all side yard minimums are exceeded. In no case shall the total height of a structure exceed thirty-five feet K. Signs: Pursuant to the Moscow Sign Code. Sec. 2-7. Medium Density Residential Zoning District A. Intent: The R-3 zoning district provides for an increase over the density allowed by the R-2 zoning district by permitting different types of housing construction. It is appropriate where activity levels are moderate, terrain permits construction of somewhat larger structures, and where public systems and neighborhood facilities can accommodate a greater intensity of land use as guided by the Comprehensive Plan. B. Permitted Principal Uses and Structures: ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 9 0F 25 ---PAGE BREAK--- 1. Single family dwelling. 2. Two family dwelling. 3. Twinhome dwelling. 4. Townhouse dwelling, subject to the Specific Use Standards of Chapter 12 of this Code. 5. Public parks and recreation facilities, provided, however, that any service yard located within said park shall be maintained no closer than fifty feet (50') to a property line or a street frontage. 6. Noncommercial private recreation facilities, including golf courses. 7. Group day care facility or small day care facility. 8. Market Garden, Community ·Garden, Accessory Garden, subject to the Specific Use Standards of this Code. C. Permitted Accessory Uses and Structures: 1 . Attached or detached private garages and workshops not to exceed one thousand (1,000) square feet or six hundred (600) square feet per dwelling unit. 2. Family day care facility. 3. Parking lots for uses permitted in the R-3 Zoning District. 4. Uses, buildings and structures that utilize electricity and/or water and are accessory to a single family or duplex residence shall be serviced by the same electric and/or water meter as the single family or duplex residence. 5. Type I Accessory Home Occupations. 6. Keeping of animals and fowl as permitted by this Code. 7. Accessory Dwelling Unit, subject to the Specific Use Standards of this Code. D. Conditional Uses: · 1 . Type II Accessory Home Occupations. 2. Large day care facility. 3. Accesory living quarters serving as a guest house or domestic servant quarters. 34. Antenna towers. Boarding House, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. ¼6. Bed and Breakfast Inn, limited to a maximum of two bedrooms with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. Schools, commercial schools and educational institutions. Churches, convents, monasteries, synagogues, mosques and other similar places of worship and religious practice. -8_9. Libraries, galleries and museums which are open to visitation by the general public during regular, established business hours. 2_-l-0. Residential Rental Unit, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. l_Q-l-. Retail sales associated with a Market Garden, Community Garden, or Accessory Garden. 1 1i. Attached or detached private garages and workshops not to exceed one thousand five hundred (1 ,500) square feet. E. Special Uses: Public service and utility facilities not listed as permitted uses in this zoning district, such as fire stations, police stations, telephone switching facilities, fairgrounds, cemeteries, national ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS Al'RIL6, 2015 PAGE 10 OF 25 ---PAGE BREAK--- guard armories, fire training facilities, pumping stations, electric substations, and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures. F. Limitations On Uses: All principal uses other than dwellings shall comply with the following standards: 1 . No more than thirty-five percent (35%) of the lot area shall be covered by buildings. 2. Off-street parking shall not be located in required front or street side yards. 3. A type - A buffer yard shall be provided along any property line abutting property classified as zoning district SR, R-l, R-2, or R-3 . G. Lot Requirements: 1 . Minimum Lot Areas: a. Single family dwelling - six thousand (6,000) square feet per dwelling. b. TwoJl)_ family dwelling -seven thousand (7,000) square feet per dwelling. c. Twinhome dwelling - three thousand two hundred fifty (3,250) square feet per dwelling. d. Townhouse dwelling - two thousand (2,000) square feet per dwelling; however, average net density of a townhouse development shall not be more than fourteen and one-half (14 1/2) units per acre. 2. Minimum Lot Width - a. Single Family and Two Gl_Family dwellings - sixty feet or fifty feet (50') for lots which are provided rear access from an alley. b. Twinhome dwellings - thirty feet or twenty five feet (25') for lots which are provided rear access from an alley. c. Townhouse dwellings -twenty feet H. Minimum Yard Requirements: 1 . Front - fifteen feet or twenty feet (20') for any garage having a driveway from the front yard with a garage door facing said front yard. 2. Street side - thirteen feet (13 or twenty feet (20') for any garage having a driveway from the street side yard with a garage door facing said street side yard. 3. Any other side - five feet but the sum of the two side yards shall be at least fifteen feet (1 for lots fifty-five feet (55') or more in width and shall not be less than ten feet (10') for lots less than fifty-five feet (55') in width which have alley access. Eight feet for twinhome and townhouse exterior side yards. 4. Twinhome dwelling and townhouse dwelling interior side - none. 5. Rear - twenty feet I. Required Open Space: None specified. J. Maximum Height of Buildings: thirty-five feet K. Signs: Pursuant to the Moscow Sign Code. Sec. 2-8. Multiple Family Residential Zoning District A. Intent: The R-4 zoning district provides for the most intense residential land uses permitted in the community. It is to be applied where activity levels are high and adequate public facilities are available, especially near the University of Idaho campus or the City Central Business Zoning District. Adequate transportation access should be given high priority in determining the appropriate location for R-4 zoning districts. B. Permitted Principal Uses and Structures: ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 11 OF 25 ---PAGE BREAK--- 1 . Single family dwelling. 2. Two family dwelling. 3. Twinhorne dwelling. 4. Townhouse dwelling, subject to the Specific Use Standards of Chapter 12, of this Code. 5. Multiple family dwelling. 6. Public parks and recreation facilities, provided, however, that any service yard located within said park shall be maintained no closer than fifty feet (50') to a property line or a street frontage. 7. Non-commercial private recreation facilities, including golf courses. 8. Bed and breakfast inn. 9. Boarding house. 10. Group day care facility, small day care facility, or large day care facility. 1 1 . Professional offices not exceeding two thousand (2,000) gross square feet of floor area, and which are structurally in harmony with adjoining residential buildings. 12. Mobile Horne Parks which comply with Title 6 of the City Code. 13. Residential Rental Unit, with the conditions that adequate off-street parking be provided and that the use will not change the character of the neighborhood. 14. Market Garden, Community Garden, Accessory Garden, subject to the Specific Use Standards of this Code. C. Permitted Accessory Uses and Structures: 1 . Attached or detached private garages and workshops not to exceed one thousand (1 ,000) square feet or six hundred (600) square feet per dwelling unit. · 2. Parking areas provided for uses permitted i.n the R-4 zoning district. 3. Family day care facility. 4. Uses, buildings and structures that utilize electricity and/or water and are accessory to a single family or duplex residence shall be serviced by the same electric and/or water meter as the single family or duplex residence. 5. Type I Accessory Horne Occupations. 6. Keeping of animals and fowl as permitted by this Code. 7. Accessory Dwelling Unit, subject to the Specific Use Standards of this Code. D. Conditional Uses: 1 . Type II Accessory Horne Occupations. 2. Mortuaries, crematories, hospitals and similar commercial services deemed to be essential to the community. 3. Fraternity, sorority, and cooperative houses. 4. Motels, not including restaurants or food service. 5. Antenna towers. 6. Schools, commercial schools and educational facilities. 7. Churches, convents, monasteries, synagogues, mosques and other similar places of worship and religious practice. 8. Libraries, galleries and museums which are open to visitation to the general public during regular, established business hours. 9. Retail sales associated with a Market Garden, Community Garden, or Accessory Garden. 10. Attached or detached private garages and workshops not to exceed one thousand five hundred (1 ,500) square feet. ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 12 OF 25 ---PAGE BREAK--- E. Special Uses: 1 . Public service and utility facilities not listed as permitted uses in this district, such as fire stations, police stations, courthouses, jails, telephone switching facilities, fairgrounds, cemeteries, national guard armories, fire training facilities, pumping stations, electric substations, and similar public service facilities necessary to the neighborhood or community, including signage and other necessary accessory structures. 2. Public oriented commercial services such as nursing homes, convalescent and rest homes for the aged, retirement homes and hospitals, except alcoholic, mental and penal hospitals. 3. Recreational Vehicle Parks and campgrounds subject to the development standards of City Code Title 6, Chapter 4. In evaluating a proposal, the applicant must demonstrate to the Planning and Zoning Commission that the recreational vehicle park will not generate traffic volumes that would be a nuisance to the neighborhood in which it is located. F. Limitations On Uses: All principal uses other than dwellings shall comply with the following standards: 1 . No more than thirty-five percent (35%) of the lot area shall be covered by buildings. 2. Off-street parking shall not be located in required front or street side yards. 3. A standard type-A buffer yard shall be provided along any property line abutting any property classified as zoning district SR, R-1 , R-2, or R-3. G. Lot Requirements: 1 . Minimum Lot Area: a. Single family, two family and multiple family dwellings - five thousand (5,000) square feet; or eight hundred (800) square feet oflot area per dwelling, whichever is greater. b. Twinhome dwellings - two thousand two hundred fifty (2,250) square feet. c. Townhouse dwellings - one thousand eight hundred (1,800) square feet. 2. Minimum Lot Width: a. Single family, two family, and multiple family dwellings - fifty feet b. Twinhome dwellings - twenty five feet c. Townhouse dwellings - eighteen feet H. Minimum Yard Requirements: 1 . Front - fifteen feet or twenty feet (20') for any garage having a driveway from the front yard with a garage door facing said front yard. 2. Street side - thirteen feet (13 or twenty feet (20') for any garage having a driveway from the street side yard with a garage door facing said street side yard. 3. Any other side - five feet but the sum of the two side yards shall be at least fifteen feet (15') for lots greater than fifty-five feet (55') in width and ten feet (10') for lots fifty-five feet (55') or less in width. Eight feet for twinhome and townhouse exterior side yards. 4. Twinhome dwelling and Townhouse dwelling interior side - none. 5. Rear - twenty feet I. Required Open Space: A minimum of seventy-five (75) square feet of functional open space shall be provided per dwelling unit; a minimum of four hundred ( 400) square feet of functional open space shall be provided for each lot. J. Maximum Height of Structures: forty feet K. Signs: Pursuant to the Moscow Sign Code. . . . ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 1 3 OF 25 ---PAGE BREAK--- SECTION 2: That Moscow City Code Title 4, Chapter 6 be amended as follows: Sec. 6-1. Accessory Building Setbacks Detached accessory buildings shall comply with all minimum yard requirements applicable to the principal building with the following exceptions: A. Detached accessory buildings greater than two hundred (200) square feet in size may encroach into the required rear yard provided that: 1 . they be set back a minimum of five feet from the rear lot line; 2. they occupy not more than fifty percent (50%) of the area of the required rear yard; 3. the maximum height of such structures shall be as follows: a. A building with a sloped roof shall have a top plate line not to exceed ten-fourteen feet (1 Q1'), and the maximum height of the building shall be the maximum height permitted for a building in the Zone. Dormers may be allowed to exceed fourteen feet (14') provided they do not occupy more than fifty percent (50%) of the length of the wall, each wall measured separately. b. A building with a flat roof (that is, a building with a slope less than 2:12) shall not exceed fourteen feet (14') in height. B. Detached accessory buildings two hundred (200) square feet or less may encroach into the required rear and side yards provided that: 1. the building shall not exceed twelve feet (12') in height; and 2. roof drainage is contained on-site. C. Accessory buildings and structures attached to a principal building shall observe all yard restrictions applicable to the principal building. . . . SECTION 3: That Moscow City Code Title 4, Chapter 1 1 be amended as follows: Sec. 11-9. 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. Unless otherwise specified, all distances shall be measured horizontally. 1 . Accessory Building. A subordinate building, the use of which is incidental to the use of the main building on the same lot. 2. 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 i:s added to, created within, or detached from the principal dwelling unit and subject to the Specific Use Standards of this Code. ORDINANCE 2015 -06 ACCESSORY DWELLING UNITS Al'RIL6, 2015 PAGE 14 OF 25 ---PAGE BREAK--- Accessory Structure. Any structure attached to or located adjacent to a home, or on the same lot, including awnings, steps, porches, carports, garages, and storage buildings. An accessory structure shall be considered "detached" if located more than two feet (2 from the principal/primary structure. Size limitations contained within this Code pertaining to accessory structures, such as private garages and workshops, shall apply to the building footprint (the land area occupied by such accessory structure). 1_Þ. 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." ¼4. 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. 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. 10. 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 Ol_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. 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. Automobile Service Station (See Gasoline Station). 1 09. Basement. That portion of a building partly underground and having at least one-half (1/2) of its height more than five feet below the adjoining finish grade. I · rn1. Bed and Brealifast Inn. A building occupied by its owner in which lodging and breakfast or meals are provided for not more than six ( 6) roomers for compensation on less than a weekly basis. 12_-l-. 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. 1 Billboard (See Sign). 11.Þ. Boarding House. A building occupied by its owner in which not more than six roomers, lodgers and/or boarders are housed or fed for compensation on a weekly or longer basis. 1¼4. 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 in from the outside edge of a cantilevered roof, whichever covers the greatest area. lQ.©. Building. "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 .QLso 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. ORDINANCE 2015 ---06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 15 OF 25 ---PAGE BREAK--- 116. 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. 1½.'.7. Building Line. The line of that face or comer or part of a building nearest the property line. 12_&. Building Site. The total horizontal area within the property lines excluding external streets, public or private. 20-1-9. Carport. A structure to house or protect motor vehicles owned or operated by the occupants of the main building which is open to the weather for at least forty percent (40%) of the total area of its sides. 229. Clinic. A building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses. 22_-l-. Club. An incorporated or unincorporated association of persons organized for a social, educational, literary or charitable purpose. Property occupied by a club shall be deemed to be semi-private in character and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business. 2J:2.. Commercial Use. An activity maintaining a display of goods, merchandise or services, for sale or involving a rental fee. 21J.. Commercial Vehicle. A motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle. 224. Conditional Use. "Conditional use" means a use permitted in one (l)__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). 2.Q©. 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. 216. Court. An open, unoccupied space other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such buildings or building, including the open space in a house, court or apartment, providing access to the units thereof. 2½+. Day Care Facility. Any business, place of business or establishment which provides Day 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 Day Care operation or concern. a. The definition of Day Care Facility shall not include: 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. ORDINANCE 2 015 -06 ACCESSORY DWELLING UNITS APRIL6, 2 015 PAGE 16 OF 25 ---PAGE BREAK--- Any elementary, junior high, or high school licensed and designated as such by the State of Idaho. Any medical or hospital facility operated pursuant to license issued by the State of Idaho. b. There shall be four filclassifications of Day Care Facility: Family Day Care Facility: A Day Care Facility providing Day Care for five ( 5) or fewer children; Group Day Care Facility: A Day Care Facility providing Day Care for six to twelve (12) children; Small Day Care Facility: A Day Care Facility providing Day Care for thirteen (13) to twenty (20) children; and ʚarge Day Care Facility: A Day Care Facility providing Day Care for twenty-one (21) or more children. ( 5) The number of children in each of the above classifications 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, and on teacher work days, and on snow days, without affecting the classification level. 29&. Detached Building. A building surrounded on all sides by open space. 30:2-9. Dwelling, Single Family. A detached building or manufactured home designed for, and occupied exclusively by, one family. The classification "single family dwelling" shall include any home in which eight 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 such staff shall reside in the dwelling at any one Ql_time. 31G. Dwelling, Townhouse. A structure which contains three 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. 32_+. Dwelling, Twinhome. A structure which contains two 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. 3J2.. Dwelling, Two {ll_Family. A building containing two kitchens and designed to be occupied by two families living independently of each other. 31_J. Dwelling, Multi-Family. A building designed to house three or more families living independently of each other and having one Ql_yard in common. 3¼4. Dwelling Unit. A building or portion thereof providing complete housekeeping facilities for one Q}_family. The term "dwelling" shall not be deemed to include motel, hotel, tourist home, bed and breakfast inn, or boarding house. 3Q-¾. Established Grade. The high point of the sidewalk at the front or side lot line as . established by the City. 316. Family. a. For purposes of this "family" definition: "related" shall mean persons related by blood, marriage, adoption, and/or guardianship or other duly authorized relationship, and ORDINANCE 2015 -06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 17 OF 25 ---PAGE BREAK--- "family" shall not mean any society, club, fraternity, sorority, association, lodge, federation, b.ed and breakfast inn, boarding house, residential rental unit, or other like use or organization, and there shall be no more than one "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. "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 or more related persons living together as a single housekeeping unit in a dwelling unit; or c. not more than four persons living together as a single housekeeping unit in a dwelling unit, when one or more of them is not related to any other person in such dwelling unit; or d. two persons who are not related and any number of additional persons related to either of such two unrelated persons, as long as all persons are living together as a single housekeeping unit in such dwelling unit; or e. eight 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 such staff shall reside in the dwelling at any one time. 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 six inches exterior steps or stairs, terraces, breezeways and open spaces. 32_&. Fraternity, Sorority Or Student Cooperative. A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated by such institution. 40J.9. 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. 419. Garage, Private. An enclosed space for the storage of one .Ql_or more private vehicles for residents of the premises. 42-l-. Garage, Public. A building or portion thereof designed and used for the storage, rental, repair or servicing of motor vehicles or boats, as a business. 4J_2.-. 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 ORDINANCE 2015 o6 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 1 8 OF 25 ---PAGE BREAK--- 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. 41-_J. 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. 4¼4. 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. 4.Q.S. Gasoline Station. Any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories and which may or may not include washing, lubricating, or other minor servicing, but no painting operation. 46. Hettsc. A detaehed strucmre, aeiHg an accesory to a siHgle family dv1elliHg \vith Hot more than two aedrooms, haviHg Ho kitchen facilities, and which shall he used -anElfffi'-0e-si.-gRe8-fe: use-prH-H-afl.l.y-0y-gl:lests-ae&fe.r-seFwH.:i.ts-fer-s.`itlg-EtU8-fl:eFS-efil-y-: 4 7. 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." 48. Home (Rest, Convalescent, Guest, For The Aged). "Rest home," "convalescent home," "guest home" and "home for the aged" mean a home operated similarly to a boarding house but not restricted to any number of guests or guest rooms and the operator of which is licensed by the State to give special care and supervision to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, but in which homes are kept no persons suffering from a mental sickness, mental disease, disorder or ailment, or from a contagious or communicable disease, and in which homes are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital. 49. Home, Retirement. A place of residence for several families or individuals in apartment like quarters, rented or condominium, which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities. 50. Hospital. An establishment which provides accommodations, facilities and services over a continuous period of twenty-four (24) hours or more, for observation, diagnosis and care, of two or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring · obstetrical, medical or surgical services. ORDINANCE 2 0 15 --06 ACCESSORY DWELLING UNITS APRIL6, 2 015 PAGE 1 9 OF 25 ---PAGE BREAK--- 51. Hotel. Any building or portion thereof containing six or more rooms that are rented, or hired out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. 52. Institution, Educational. A college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instructions as approved by the State Board of Education or by a recognized accrediting agency, excluding pre school, elementary and junior or senior high schools, and trade and commercial schools; including fraternity and sorority houses. 53. Junk Yard. A lot, land or structure, or part thereof, used for the collecting, storage and sale of waste paper, rags, glass, plastic, scrap metal or discarded material, or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition. 54. Kennel, Commercial. Any lot or building in which four or more dogs and/or cats are kept commercially for board or propagation or treatment. 55. Kitchen. Any rooms used or intended or designed to be used for cooking and/or preparation of food. 56. 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. 57. 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 or 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. 58. 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. 59. · Lot, Corner. A lot at the junction of and fronting on two or more intersecting streets. 60. Lot, Depth. The mean dimension of the lot from the front street line to the rear line. 61. · Lot, Flag. A lot with access provided to the part of the lot designated for use as a building site by a narrow corridor. 62. Lot, Interior. A lot fronting on one street. 63 . Lot, Through. A lot fronting on two streets that do not intersect on the parcel's lot lines. 64. 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 comer lot the narrow dimension of the lot at a street or building line. ORDINANCE 20 15 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 20 0F 25 ---PAGE BREAK--- 65. 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 multisectional and enclose a space of not less than one thousand (1 ,000) square feet; 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. 66. Manufacturing, Light. The manufacturing, compounding, treatment, processing, assembling, packaging, or testing of goods or equipment. 67. 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. 68. Mean Depth. The mean depth of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot. 69. Motel. A motel is a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units, each having its own private toilet facilities and may or may not have its own kitchen facilities, and are designed primarily for the accommodation of transient travelers. Accommodations for trailers are not included. This term includes tourist court, motor hotel, motor lodge, cabin court, motor inn and similar names. 70. Motorized Vehicle. A motor driven conveyance capable of carrying one .Ql_or. more passengers. 71. 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. 72. 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. 73. Off-Street Parking. Parking facilities for motor vehicles on other than a public street 'or alley. 74. Open Space. Any part of a lot unobstructed from the ground upward. 7 5. Parking Area Or Lot. An off-street parking facility designed for more than four ( 4) parking spaces. 76. Parking Space. Any use authorized or permitted along or in conjunction with another use in a specified district and subject to the limitations or the regulations of such use district. 77. 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 ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 21 OF 25 ---PAGE BREAK--- maybe 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. 78. Principal Use. The primary or predominant use(s) to which a property is or may be devoted. 79. Professional Offices. Offices maintained and used as a place of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given), and by engineers, attorneys, architects, accountants and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training in occupations requiring mere skill or manual dexterity or the handling of commodities. 80. 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. 8 1 . Recreation Facilities, Community and/or Noncommercial. Facilities such as rod and gun clubs and shooting ranges, swimming pools, athletic clubs, golf and country clubs, for the use of the general public or provided for and by members of semi-private corporations. 82. Residential Rental Unit. A residential dwelling unit not occupied by its owner(s) in which no more than six roomers are housed for compensation on a weekly or longer basis and which is not a fraternity, sorority, student cooperative or tourist home. 83. Retail Establishment. A commercial establishment or enterprise engaged in the sale of goods or products which may include in-person purchase by the consumer at the location at which the goods or products are stored, or any other purchase and pick-up/delivery arrangement whereby the purchaser is the intended consumer and where the purchase is not made intentionally for the purpose of resale or distribution. 84. Riding Academy. Any establishment where horses are kept for riding, driving or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment. 85. Roomer. Lodger or boarder occupying a rented room in private home or rooming house. 86. Rooming House. Same as "Boarding House." 87. School. An institution of learning which offers instruction in several branches of learning and study required to be taught in the public schools by the Idaho State Board of Education including elementary, junior or senior high, including public, private and parochial and also including preschool and kindergarten. 88. School, Commercial. A program whereby instruction is given to pupils in arts, crafts or trades and operated as a commercial enterprise. 89. Self-Service Storage Facility. A building or buildings consisting of individual, small, self-contained units, and the majority of the units being less than five hundred (500) square feet in area, that are leased or owned for the storage of business or household goods. ORDINANCE 2 015 --06 ACCESSORY DWELLING UNITS APRIL6, 2 0 \5 PAGE 2 2 0F 25 ---PAGE BREAK--- 90. Setback, Yard Requirements. 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. 91. 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. 92. Service Building. A building housing communal toilet, laundry and other sanitary facilities necessary for the health and convenience of trailer court occupants. 93. Special Use. "Special use" means a use permitted in one ffior more zones 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). Special uses are distinguished from conditional uses by their potential impact on the entire community as opposed to a specific neighborhood, and are therefore judged for compliance with the Moscow Comprehensive Plan by Board of Adjustment. 94. Special Use Permit. "Special Use Permit" means the documented evidence of authority granted by the Board of Adjustment to locate a Special use at a particular location. 95. Street. A public thoroughfare which affords the principal means of access to abutting properties. 96. Structure. A combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences three feet (3 or less in height, retaining walls, rockeries and similar improvements of a minor character three feet (3 or less in height. 97. Structure, Temporary. Not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground. 98. Studio Apartment. A zero bedroom apartment with a separate kitchenette and with a bathroom. 99. Toumt Home. A pr-ivate-res-iG.ean three roems--fer-fl.ire-t'6 transients for only sleeping accomodations and vmose trade is seasonal in character. 99-1-00. Use. The purpose land, a building or a structure now serves or for which it is occupied, maintained, arranged, designed or intended. lOQl. Use District. A portion or portions of the City designated on the Moscow Zoning Map as oneJ.l} or more of the categories listed and described in this Zoning Code. 101:2.. Use Mixed. Two or more different uses of the same land, buildings or structures. When a development of land, buildings or structures has mixed use the less restrictive requirements will apply, unless the requirements are especially stated. 1 Used Car Lot. Any place outside a building where two or more automobiles are offered for sale or are displayed. 1 OJ_4. Variance. A variance is the means by which an adjustment is made in the application of the specific regulations of this Zoning Code to a particular piece of property which, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zoning district or vicinity, and which adjustment remedies disparity in privileges. 1 Warehouse. A building used primarily for the storage of goods and materials. ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2015 PAGE 2 3 OF 25 ---PAGE BREAK--- • • • 1 026. Yard. An open unoccupied space in front, rear or side on the same lot with a building or proposed building. 1 02-1. Yard, Front. An open unoccupied space extending from thirty inches (30") above the general ground level at the principal street line to the nearest point of the wall of the main building on the lot and including the full width of the lot to its side lines. For front yards that abut a Local Residential Street, as designated upon the Thoroughfare Plan within the City's Comprehensive Plan, the front yard 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 front of a building lot, the Zoning Administrator shall determine the point of measurement of the front yard based upon the location of adjacent principal structures, the likelihood of future sidewalk installation, and the anticipated location of such future sidewalk. 1 018. Yard, Rear. An open unoccupied space extending from thirty inches (30") the general level of the ground at the rear lot line to the nearest point of the wall of the main building and including the full width of the lot to its side lines. 1 0li9. Yard, Service. An open area, usually paved, with access to a street to allow vehicular access to a building or use for purposes of loading or unloading equipment, freight, livestock or people. 1 09-1-0. Yard, Side. An open unoccupied space extending from thirty inches (30") above the general ground level on the lot from the side yard line to the nearest point of the wall of the main building and extending from the front yard to the rear yard. Any lot line not a rear lot line or a front lot line shall be considered a side lot line. 1 lQ-l-. Yard, Street Side. On a comer lot, an open unoccupied space extending from thirty inches (30") above the general ground level at the secondary street line to the nearest point of the wall of the main building on the lot and including the full length of the lot from the principal street line to the rear lot line . SECTION 4: That Moscow City Code Title 4, Chapter 12 be amended with the addition of Section 7, as follows: Sec. 12-7. Accessory Dwelling Unit Standards: A. 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 benefits of Accessory Dwelling Units, while also preserving neighborhood character and creating predictability and certainty for established neighborhoods. B. Specific Standards. 1 . 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. Lots that currently do not meet the minimum lot size for a single family dwelling shall· be ineligible for an Accessory Dwelling Unit. 2. Size. The floor area of the Accessory Dwelling Unit may not exceed six hundred square feet (600 sq. ft.) or forty percent (40%) of the gross floor area of the principal dwelling, whichever is less. 3. Maximum Occupancy. The number of persons allowed to reside within an Accessory Dwelling Unit shall be limited to two 0RDINANCE 2 015 --06 ACCESSORY DWELLING UNITS APRIL 6, 2 015 PAGE 24 0F 25 ---PAGE BREAK--- 4. Owner Occupancy. a. 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. b. 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 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. c. The Community Development Director may waive this requirement for temporary absences of greater than six 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. d. In the event the owner is unable to reside on the property as required herein, only one of the dwelling units on the property may be occupied. 5. Off-street parking. One off-street parking space shall be required for the Accessory Dwelling Unit, in addition to that required for the principal dwelling. • • • SECTION 5: SEVERABILITY. Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not affect the validity of remaining provisions. The remaining sections of Title 4 shall be in full force and effect. SECTION 6: EFFECT ON OTHER ORDINANCES. Where the definitions contained in this Ordinance are in conflict with relevant portions of the City of Moscow, Idaho, Municipal Code, the definitions contained within those portions of the Moscow Municipal Code will be unaffected until such time, if any, as they are amended to be consistent with this Ordinance. SECTION 7: EFFECTIVE DATE. This Ordinance shall be effective upon its passage, approval, and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 6th day of April, 2015. ATTEST: ORDINANCE 2015 --06 ACCESSORY DWELLING UNITS APRIL6, 2015 PAGE 25 OF 25