[Vision2020] Re: Zoning Code and NSA (archives) READ § 4-11-9 (80) and § 4-3-5(A)

[Donovan Arnold]

Mr. Nelson and Mr. Fox,

Thanks for continued interest in this topic. Wayne, you can find the 
reference to MCC § 4-11-9(47) here:

(http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf)

It is under another section of MCC, Administration and Enforcement.

Mr. Nelson, you are incorrect in both your legal definition of New Saint 
Andrews and to its legal status of location in accordance with Moscow City 
Code.

NSA exactly matches the definition of the term "Commercial School" which is 
defined in MCC § 4-11-9 (80) as,

"A program whereby instruction is given to pupils
in arts, crafts or trades and operated as a commercial enterprise.
(Ord. 99-38, 12/20/99)"

( http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf)

In addition, Moscow City Code § 4-3-5(A) specifically encourages commercial 
businesses like NSA to locate downtown.

". . .for example, enterprises dispensing retail commodities, and those 
providing professional and personal services to the individual."

Sorry, but that is exactly what a commercial school does, provide personal 
services to the individual. It is a Commercial Business Zone. NSA is exactly 
that, a commercial business.

Further, I would like to point out the error of interpretation of the law 
that people were using to state that NSA should be moved.

MCC § 4-11-9(47)

"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 preschool, elementary and junior or senior high schools, 
and trade and commercial schools; including fraternity and sorority houses."

NSA is not an accredited college, so legally; this law is not applicable to 
it. This law was written for one purpose. That one purpose is to prevent the 
University of Idaho from buying up land and buildings downtown like it had 
elsewhere in Moscow with the Palouse Mall. People wanted a place free from 
the University and its influence. It was not meant for any other purpose.

The law is very clear if you read Moscow City Code § 4-3-5(A) and MCC § 
4-11-9 (80) that NSA is NOT prohibited from being downtown. And in fact it 
is encouraged to be there. End of case.

Take care,

Donovan J Arnold