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<DIV><FONT size=4>James, et al,</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>I am <STRONG>unable</STRONG> to find the following
cite posted (below) by Mr. Nelson in the Moscow Zoning Ordinance
currently posted on the City of Moscow website:</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV>MCC § 4-11-9(47). MCC gives the following definition of "Educational
Institution":<BR><BR>"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."<BR></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>There is no paragraph 4-11-9(47) in the currently posted
zoning ordinance that I can find.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><STRONG><FONT size=5>Are there additional zoning ordinances which are
not posted at the city website??</FONT></STRONG></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>I notice that Section 4 of the posted zoning
ordinance ( <A
href="http://www.ci.moscow.id.us/citycode/TITLE04/toc.asp">http://www.ci.moscow.id.us/citycode/TITLE04/toc.asp</A>
) deals with the University Zoning District and contains this
caveat:</FONT></DIV>
<DIV><FONT size=4><FONT face=Times-Roman size=3></FONT></FONT> </DIV>
<DIV><FONT size=4><FONT face=Times-Roman size=3>Land in the University zoning
district must be owned by the University of Idaho (hereinafter
University).</DIV></FONT></FONT>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>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?</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><BR><FONT size=4>Art Deco (Wayne A. Fox)<BR></FONT><A
href="mailto:deco@moscow.com"><FONT size=4>deco@moscow.com</FONT></A><BR></DIV>
<DIV><FONT size=4>----- Original Message ----- </FONT>
<DIV><FONT size=4>From: "James Nelson" <</FONT><A
href="mailto:hammered@moscowmail.com"><FONT
size=4>hammered@moscowmail.com</FONT></A><FONT size=4>></FONT></DIV>
<DIV><FONT size=4>To: <</FONT><A href="mailto:vision2020@moscow.com"><FONT
size=4>vision2020@moscow.com</FONT></A><FONT size=4>></FONT></DIV>
<DIV><FONT size=4>Sent: Sunday, January 23, 2005 5:41 PM</FONT></DIV>
<DIV><FONT size=4>Subject: [Vision2020] Zoning Code and NSA
(archives)</FONT></DIV></DIV>
<DIV><FONT size=4><BR></FONT></DIV><FONT size=4>> Visionaries,<BR>>
<BR>> Apologies for the double post. This one is for the archives.<BR>>
<BR>> I've been following the threads concerning the NSA controversy and
think that the following outline might help clarify the issues at hand.<BR>>
<BR>> ISSUE<BR>> Do the policies and regulations controlling development
in the Central Business Zone (CBZ) allow for higher educational
uses/activities?<BR>> <BR>> BACKGROUND FACTS<BR>> The primary
activities conducted in the New Saint Andrews College (NSA) building are
undeniably of a higher educational type.<BR>> <BR>> POLICIES &
REGULATIONS<BR>> Comprehensive Plan policies relating to the Central Business
Zoning District:<BR>> <BR>> 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.)<BR>> <BR>> 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:<BR>>
<BR>> "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. . .<BR>> <BR>> "Avoid uses which make it difficult
for pedestrians to walk from one establishment to another. . .<BR>> <BR>>
"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. . .<BR>> <BR>> "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. . .<BR>>
<BR>> "Maintain the central business district as a principal retail shopping
area in Moscow. . .<BR>> <BR>> "Maintain the concentrated nature of the
central business district in order to facilitate and encourage pedestrian
movement within it. . .<BR>> <BR>> "Provide adequate parking in the
central business district for shoppers and employees. . .<BR>> <BR>>
"Create cultural interest in the central business district. . .<BR>> <BR>>
"The majority of shoppers to a central business district come here to shop in
more than one store. . ."<BR>> <BR>> Moscow City Code Designation of
Purposes of the Central Business Zoning District.<BR>> <BR>> Moscow City
Code (MCC) § 4-3-5(A), states that the intent of the CB zoning district is as
follows:<BR>> <BR>> "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."<BR>> <BR>> 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).<BR>> <BR>> Specific
regulatory controls in the CBZ:<BR>> 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:<BR>>
<BR>> "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."<BR>>
<BR>> According to MCC § 4-3-5, the lists of permitted principal uses in the
CBZ are as follows:<BR>> <BR>> "1. Retail sales enterprises, excluding
firms selling bulky items, such as building materials, mobile homes, trailers,
boats and heavy equipment.<BR>> <BR>> "2. Professional, financial,
business and medical offices, and any enterprise rendering professional or
personal services.<BR>> <BR>> "3. Repair shops for commodities, such as
household appliances, bicycles, and shoes.<BR>> <BR>> "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.<BR>>
<BR>> "5. Printing and publishing houses, including newspaper
publishing.<BR>> <BR>> "6. Lodges, private clubs, and fraternal
societies.<BR>> <BR>> "7. Commercial schools, churches, synagogues,
mosques, governmental offices, libraries, museums, art galleries, police and
fire stations, and similar public or private institutions.<BR>> <BR>> "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.<BR>> <BR>> "9. Public utility installations relating
directly to local distribution of services, including switching and transmission
stations, but not including warehouses and service yards.<BR>> <BR>> "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.<BR>> <BR>>
"11. Drive-up windows associated with financial institutions.<BR>> <BR>>
ARGUMENT<BR>> 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":<BR>> <BR>> "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."<BR>> <BR>>
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.<BR>> <BR>> PRAGMATICS<BR>> 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.<BR>> <BR>> CONCLUSION<BR>> 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.<BR>> <BR>>
Cordially,<BR>> <BR>> James Nelson<BR>> -- <BR>>
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