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

[Saundra Lund]

Well, this is interesting & I keep learning more  :-)

For those who find this boring, I apologize & suggest using the DELETE key --
you won't hurt my feelings one bit!

Donovan wrote:
"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."

Well, I would disagree with that:  I think NSA fits into several Zoning
Districts (RO, AF, FR, R-1, R-2, R-3, and R-4) as a Conditional Use.  I'm not
implying that that's an all-inclusive list, but those are where I was able to
quickly find reference to "schools, commercial schools, and educational
institutions":
http://www.ci.moscow.id.us/citycode/TITLE04/chapter2.pdf
http://www.ci.moscow.id.us/citycode/TITLE04/chapter3.pdf

 And, interestingly, the Zoning Code ***does*** make distinctions in ***all***
of those other Zoning Districts:
"schools, commercial schools, and educational institutions"

Yet, in the CB Zoning District, only "commercial schools" are permitted.

And, as we've already seen, educational institutions are defined:
"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."

I'm back to arguing that this "educational institution" definition *is* the
definition that "neatly and cleanly" applies to NSA and asking you, Donovan, to
explain why you don't think this is the correct definition for NSA  :-)

Since the Zoning Code *does* make distinctions between where schools, commercial
schools, or educational institutions are allowed, the fact that *only*
commercial schools are permitted in the CB Zoning District logically seems key
to this discussion:
"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."
(Sec 11-5 http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf)

So, now that I think I understand this small part of the Code, I can understand
why those involved filed a complaint.

It's taken me a few days now to get this far -- I don't think I'd ever looked at
Moscow's Land Use Regulations
(http://www.ci.moscow.id.us/citycode/TITLE04/toc.asp) (let alone started
actually reading them) until Saturday's paper.  Does anyone know how/when the
whole Zoning Code comes into play?  I'm not (nor have I ever been) a business
owner, but if someone was interested in purchasing property on Main Street,
would they be expected to know that a particular property is zoned CB?  Would a
realtor inform a potential buyer about the zoning requirements for a specific
parcel(s)?  Would a potential buyer have contact with anyone from the City
*prior* to actually purchasing a specific property for a specific use?

Since the location of NSA in the CB Zoning District does seem to be in violation
of the Zoning Code and I understand the basis of the complaint filed, I find
myself wondering how this happened?


Saundra Lund
Moscow, ID

The only thing necessary for the triumph of evil is for good people to do
nothing.
-Edmund Burke