[Vision2020] NSA illegal?

[Art Deco]

Eric, et al,

 

Below the line is the complete text of Section 3.5 of the city zoning ordinance (some bolding added).

 

As I read it, a use is either specifically permitted or permitted by conditional use permit.  If it is not listed as one or the other of these, then the use is considered non-permitted.

 

However, there is some ambiguity in the ordinance phrasing:

 

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

 

In the above language what does "similar" mean?  How "similar" is "similar"?

 

Is a four year 'Classical Christian College' "similar" to a commercial school like a barber, beauty, massage, or computer tech school?  Is it "similar" to a church, mosque, library, fire station, etc.?

 

It seems to me from the grandiose hype NSA puts out about itself and previous remarks made by Ben Merkle, NSA would feel egregiously insulted to be compared to our local beauty school or our massage school.  In fact this might well be a case where NSA's over-inflated, self-aggrandizing hype will prove to be embarrassing and expensive.

 

This case will be interesting not only for the law involved, but for the creepy-crawlies about city operations and the CCC that could be ejected in the sunshine of public scrutiny should the case be pursued vigorously.

 

Wayne

 

[The above opinions are the opinions of a layperson and not intended to be deemed as legal counsel in any way.] 

 

__________ 

 

Sec. 3-5. Central Business Zoning  District (CB).

 

A: Intent:  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.

 

B. Permitted Principal Uses and Structures:

 

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. 

 

C. Permitted Accessory Uses and Structures: Family day care facility.

 

 D. Conditional Uses: 

 

1. Hotels and motels. 

2. Mortuaries. 

3. Drive-up windows other than those permitted under Code Section 4- 3-5(B)(11). 

4. Automobile sales. 

5. Establishments providing prepared food primarily for take-out or delivery. 

6. Gasoline service stations and car washes. These uses shall be subject to detailed review of traffic access and circulation plans. 

7. Group day care facility, small day care facility, or large day care facility. 

 

E. Limitations On Uses: 

1. All products made incident to a permitted use which are manufactured, fabricated, processed or treated on the premises shall be sold primarily on the premises. 

2. Operations conducted on the premises shall not constitute a nuisance beyond the property lines by reason of smoke, fumes, odor, steam, gasses, vibration, noise, hazards, or other causes. 

3. Permitted uses in the CB Zoning District are not subject to the off-street parking schedule of Code Section 4-6- 5; however, all other provisions of Code Section 4-6-5 shall apply. 

F. Minimum Lot Requirements: None specified. 

 

G. Minimum Yard Requirements: None specified. 

 

H. Required Open Space:  None specified. 

 

I. Maximum Height of Structures:  sixtyfive (65) feet. 

 

J. Signs: Pursuant to the Moscow Sign Code. 

 

K. Fences: 

1. No fence shall exceed a height of six (6) feet, except fences located on school grounds or in public parks. 

2. Barbed wire fences or other fences constructed in a manner that may be hazardous to persons or animals are prohibited. 
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