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

[Donovan Arnold]

Saundra and Ted,

Thank you both for your comments. Saundra, you, as usual, brought up some 
good brain candy. And Ted, thanks for writing one of the points I was going 
to bring up. You did a better job wording and explaining it than I would 
have done.

Ted wrote,

"It seems possible that a school could qualify for a property tax exemption 
as a nonprofit religious institution, yet due to other factors regarding 
course offerings and schooling in certain trades, be considered a 
"commercial" school, unless the definition of a "commercial" school in the 
law hinges essentially on the profit or nonprofit question."


Ted is correct. The MCC does not use the terms profit or nonprofit in the 
definition of commercial use. Commercial use is defined in 
(http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf) MCC Title 4 § 
11-9-21
as "An activity maintaining a display of goods, merchandise or services, for 
sale or involving a rental fee."

NSA does in fact sell services in education and books so it does count as 
commercial according to the legal definition as defined by MCC.

My second point that I was going to bring up is that if people do interpret 
the law as stating that NSA cannot be in the downtown area then it cannot be 
legally located anywhere within Moscow City Limits except on the University 
because no where does the law specifically define a category in which NSA 
falls neatly and cleanly into.

I doubt it was the intention of the Moscow City Council to prevent any 
non-profit college from existing in Moscow. If it was, I question the 
validity of the city code to have such sweeping authority.

Because NSA doesn't fit nicely into any category, I would revert to Tile 4, 
Sec. 3-5. Paragraph A 7 for clarification which allows for; 
(http://www.ci.moscow.id.us/citycode/TITLE04/chapter3.pdf)

"7. Commercial schools, churches,
synagogues, mosques, governmental
offices, libraries, museums, art
galleries, police and fire stations, and
similar public or private institutions."

I would say that NSA is similar to a "commercial school", at least in that 
it offers education in the arts and sells a service.

My final point is that if we insist that commercial means "for profit" then 
we must also eliminate from Moscow Goodwill, the Chamber of Commerce, the 
Disability Action Center, and the Center for Disabilities and Human 
Development, because none of them otherwise meet the criteria for any Moscow 
zoning district.

I really hope that nobody despises NSA so much that are willing to 
exterminate these services just to get at them.

Thank you and take care,

Donovan J Arnold