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

Wed Jan 26 22:50:02 PST 2005

Saundra,

I am glad you are enjoying conversation about law. I love it too. It is fun. 
I also second your motion that anyone that doesn't like this type of 
conversation should hit the delete key.

We can obviously debate endlessly many different aspects of the law and more 
specifically MCC. But I am going to choose to only respond to you in the 
area of regarding whether NSA can or cannot legally stay downtown because of 
time restrains. If we meet in person, I would like to discuss the reasons 
why NSA cannot be in AF, FR, R-1, R-2, R-3, and R-4 zones, which are mostly 
agricultural and residential areas.

As I understand your argument, you claim that New St. Andrews cannot be in 
the downtown area because two reasons.

The first reason being that you think it fits the definition of an 
educational institution which is excluded by law as defined by MCC in the 
CBZ. The definition of "Educational institution" is defined as follows,

>"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 maintain that his is NOT a definition of NSA. The reason being is because 
of this line,

"giving advanced academic instructions as approved by the State Board of 
Education or by a recognized accrediting agency".

This means that NSA must have received accreditation by the Idaho State 
Board of Education or another national accrediting instruction recognized by 
Idaho State Statue for it to meet this definition. This is not an 
interpretive definition of if you think it meets this criterion or not. 
There are in fact only 11 colleges and universities that meet this 
definition according to Idaho Statue. No black and white here, they are;

Colleges and universities accredited by the Idaho State Board of Education

http://www.accessidaho.org/education/suniv.html

Albertsons College of Idaho
Boise State University
Brigham Young University
College of Southern Idaho
Eastern Idaho Technical College
Idaho State University
Lewis-Clark State College
North Idaho College
Northwest Nazarene University
University of Idaho
Wesley Center for Applied Technology

Colleges and Universities accredited by NWCCU

http://www.nwccu.org/Directory%20of%20Inst/State%20Map/Idaho/Idaho.htm

Albertsons College of Idaho
Boise State University
Brigham Young University
College of Southern Idaho
Eastern Idaho Technical College
Idaho State University
Lewis-Clark State College
North Idaho College
Northwest Nazarene University
University of Idaho

NSA is not on that list, so it does not meet this definition, there is no 
if, ands, or buts about it. It is on the list or not. NSA is not. To be 
recognized as existing as a school by the State Board is not enough. Its 
academic instructions must meet state standards as defined by Idaho Statue. 
NSA doesn't meet the state standards of teaching higher education. Wishing 
NSA on the list of accredited colleges because we think it should be does 
not make it so. It is not on that list, and it has to be in order to meet 
that definition, you cannot ignore that sentence in that definition or make 
it mean what you want it to mean.

The second argument made, as I understand it, is that is that it doesn't 
meet the definition of "Commercial School" because it is not for profit.

I maintain that while it is a non-profit entity, this is not the legal 
definition of commercial. Commercial in MCC is defined as selling a product 
or service. NSA does sell a service.

NSA not meeting the legal definition of an institute of higher learning is 
counter intuitive to the layman’s definition which I think is what is 
preventing people from thinking properly about this. NSA also DOES meet the 
definition of a commercial school as defined by law regardless of if we 
think that meets our understanding of what commercial means. We are not 
dealing with Webster's definition of meanings or terms, we are looking at 
legal terms. Those are way different. The law doesn't prevent NSA from being 
downtown if you read the law and the definitions. Get NSA accredited by 
either NWCCU or the Idaho State Board and you will have a case.

Thanks for the conversation Saundra. :)

Take care,

Donovan J Arnold

>From: "Saundra Lund" <sslund at adelphia.net>
>To: "'Donovan Arnold'" <donovanarnold at hotmail.com>, <Tbertruss at aol.com>,   
><vision2020 at moscow.com>
>Subject: RE: [Vision2020] Re: Zoning Code and NSA (archives ) READ § 4-11-9 
>(80) and §...
>Date: Wed, 26 Jan 2005 13:44:46 -0800
>
>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
>
>
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