[Vision2020] Zoning Code and NSA (archives)
Michael Curley
curley at turbonet.com
Mon Jan 24 12:12:33 PST 2005
Art:
There is, indeed, a paragraph 11-9-47 in Title 4 of the City Code. When I plug in your
cite reference, it comes up the city code with 11 chapters. I believe you may be looking
at Chapter 4 of Title 4. Try Chapter 11, and then specifically, section 11-9, under which
you will find multiple suparts (because it is the definition section). No. 47 is actually,
"institution, educational." and contains the quoted language.
Mike Curley
On 23 Jan 2005 at 19:30, Art Deco wrot
James, et al,
I am unable to find the following citeposted (below) byMr.
Nelson in the Moscow Zoning Ordinance currently posted on
the City of Moscow website:
MCC § 4-11-9(47). MCC gives the following definition of "Educational Institution":
"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."
There is noparagraph 4-11-9(47) in the currently posted
zoning ordinance that I can find.
Arethere additional zoning ordinances which
are not posted at the citywebsite??
I notice that Section 4 of the posted zoning ordinance
(http://www.ci.moscow.id.us/citycode/TITLE04/toc.asp )
deals with the University Zoning District and contains this
caveat:
Land in the University zoning district must be owned by the University of Idaho
(hereinafter “University”).
Perhaps someone can explain why there appear to be two
different zoning ordinances and, if not, which one is the
current one, and if so, where can one access the ordinance
which Mr. Nelson cites?
Art Deco (Wayne A. Fox)
deco at moscow.com
----- Original Message ----- From: "James Nelson"
<hammered at moscowmail.com>
To: <vision2020 at moscow.com>
Sent: Sunday, January 23, 2005 5:41 PM
Subject: [Vision2020] Zoning Code and NSA (archives)
> Visionaries,
>
> Apologies for the double post. This one is for the archives.
>
> I've been following the threads concerning the NSA
controversy and think that the following outline might help
clarify the issues at hand.
>
> ISSUE
> Do the policies and regulations controlling development in
the Central Business Zone (CBZ) allow for higher educational
uses/activities?
>
> BACKGROUND FACTS
> The primary activities conducted in the New Saint Andrews
College (NSA) building are undeniably of a higher educational
type.
>
> POLICIES & REGULATIONS
> Comprehensive Plan policies relating to the Central
Business Zoning District:
>
> According to Idaho's Local Land Use Planning Act, "each
governing board shall establish zoning districts and the
zoning districts shall be in accordance with the policies set
forth in the adopted comprehensive plan." (Idaho Code § 67-
65-11.)
>
> The following Comprehensive Plan policies, quoted from
Section 4-1 to 4-7 of the Moscow Comprehensive Plan
(MCP), control the list of permitted uses in the CBZ:
>
> "Downtown includes a wide variety of businesses within a
relatively small area. The area is a healthy mixture of office,
retail, and service businesses. This encourages interaction
between the different public and private enterprises
downtown. . .
>
> "Avoid uses which make it difficult for pedestrians to walk
from one establishment to another. . .
>
> "If an effort is not made to provide additional land for
commercial growth in the central business district, new
businesses will be forced to locate in motor business areas,
even though these businesses may be better suited to the
central business district and pedestrian shopping. . .
>
> "The addition of Friendship Square has been important. Not
only is it visually attractive, it also gives the downtown area a
focal point. An image of unity is growing within the central
business district, which helps make "Downtown Moscow" a
concept in people's minds, rather than only a vague location.
Goal maintains a viable central business district that serves
as one of the city's major shopping areas, provide a pleasant
environment for shopping and working, provide an opportunity
for socializing, and act as a focal point for the community. . .
>
> "Maintain the central business district as a principal retail
shopping area in Moscow. . .
>
> "Maintain the concentrated nature of the central business
district in order to facilitate and encourage pedestrian
movement within it. . .
>
> "Provide adequate parking in the central business district for
shoppers and employees. . .
>
> "Create cultural interest in the central business district. . .
>
> "The majority of shoppers to a central business district
come here to shop in more than one store. . ."
>
> Moscow City Code Designation of Purposes of the Central
Business Zoning District.
>
> Moscow City Code (MCC) § 4-3-5(A), states that the intent
of the CB zoning district is as follows:
>
> "The principal purpose of the CB Zoning District is to
provide a location for groups of compatible commercial uses
having the common characteristic of not involving more than
incidental and minimal assembly, fabrication or storage of
commodities; for example, enterprises dispensing retail
commodities, and those providing professional and personal
services to the individual. The CB Zoning District is the most
intensive commercial Zoning District. To promote pedestrian
use, unbroken, street-level, commercial frontage is
encouraged in this Zoning District."
>
> Not only does NSA not comply with either the above cited
policies or the intent of the CB district, it is outright prohibited
in the CBZ (see below).
>
> Specific regulatory controls in the CBZ:
> The Moscow City Zoning Code is an exclusive ordinance.
Therefore the general rule is that if a use or activity is not
explicitly permitted it is prohibited. MCC § 4-11-5 (A) states:
>
> "This Zoning Code is an exclusive zoning ordinance wherein
the stated uses are the only uses which are permitted in each
zoning district. Those uses not listed as permitted or
conditionally permitted are not authorized."
>
> According to MCC § 4-3-5, the lists of permitted principal
uses in the CBZ are as follows:
>
> "1. Retail sales enterprises, excluding firms selling bulky
items, such as building materials, mobile homes, trailers,
boats and heavy equipment.
>
> "2. Professional, financial, business and medical offices,
and any enterprise rendering professional or personal
services.
>
> "3. Repair shops for commodities, such as household
appliances, bicycles, and shoes.
>
> "4. Eating and drinking establishments catering primarily to
on-premise consumers; entertainment, dancing and
recreation establishments, including restaurants, bars,
theaters, video arcades, dance halls and physical fitness
centers.
>
> "5. Printing and publishing houses, including newspaper
publishing.
>
> "6. Lodges, private clubs, and fraternal societies.
>
> "7. Commercial schools, churches, synagogues, mosques,
governmental offices, libraries, museums, art galleries, police
and fire stations, and similar public or private institutions.
>
> "8. Residential uses, provided that dwellings located on the
ground floor are located behind commercial uses in a manner
that they will not interrupt commercial frontage.
>
> "9. Public utility installations relating directly to local
distribution of services, including switching and transmission
stations, but not including warehouses and service yards.
>
> "10. Publicly and privately owned and operated off-street
parking facilities if open to the public; however, any such area
shall not be used as a sales or storage area for mobile
homes, trailers, boats or heavy-duty equipment.
>
> "11. Drive-up windows associated with financial institutions.
>
> ARGUMENT
> The principal and ancillary activities/uses in the NSA
building do not fall within the definitions of any of the
principally or ancillary permitted activities/uses in the CBZ.
NSA activities are most similar to the activities of an
"Educational Institution" as defined by MCC § 4-11-9(47).
MCC gives the following definition of "Educational Institution":
>
> "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."
>
> Educational institutions are not currently permitted in the
CBZ; therefore the educational institutional activities/uses in
the NSA building are prohibited under MCC § 4-11-5(A) MCC.
>
> PRAGMATICS
> The CBZ is relatively small and confined (see City Zoning
Map). New educational institutions can start small but can
grow in increments to encompass large tracts of land. For
example, NSA's student body has consistently doubled every
three to four years in the last twelve years. If the Moscow City
Council is determined to allow Moscow's central and exclusive
outdoor mall to be opened up to incompatible uses such as
college campuses, they should first amend the City's
Comprehensive Plan after extensive public hearings and the
submission of cultural/retail/traffic (foot, auto, parking)/tax
revenue impact analysis.
>
> CONCLUSION
> Until such time as NSA comes into compliance with the
Zoning Ordinance (either through variance, conditional use
permit, special use permit, etc. . .), their activities are
prohibited and must be discontinued immediately. In other
words, it's hammer time.
>
> Cordially,
>
> James Nelson
> --
>
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