RE: [Vision2020] Re: Zoning Code and NSA (archives) READ § 4-11-9 (80) and § 4-3-5(A)

[Saundra Lund]

[NOTE:  I'm sorry if this shows up twice.  Adelphia servers are apparently
having problems.  I sent this about 2:30 this afternoon & it's not shown up
anywhere yet, so I don't know if it's lost in space or will eventually appear.]

Hi Donovan & Other Visionaries,

I'm going to jump in here although I've not spent the time some of you have
devoted to this issue.  I'm trusting one or more of you will correct me if I'm
in error  :-)

Donovan, thanks for finding that link & sharing it!

Without getting into some of the more complex *ideals* being discussed, there
are two specific things in your post, Donovan, I want to address.

I'll start out by saying that I would *hate* to see anyone argue that NSA
doesn't belong in Moscow.  While it should come as no surprise to most, I'm
certainly not a NSA cheerleader <g>.  However, if someone was out there trying
to drive NSA out of town because of ideological differences, I'd likely as not
be right there trying to STOP that.

The question, as I understand it, is:  is NSA a permitted use in the Central
Business (CB) Zoning District?

First, Donovan writes:
"NSA exactly matches the definition of the term "Commercial School" which is
defined in MCC § 4-11-9 (80) as,

"A program whereby instruction is given to pupils in arts, crafts or trades and
operated as a commercial enterprise.
(Ord. 99-38, 12/20/99)"
(http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf)"

My understanding is that NSA does NOT fit the definition of a Commercial School,
and I doubt NSA would consider itself a Commercial School otherwise it wouldn't
have asked for -- and received -- property tax exemption.  By definition, it
seems to me a Commercial School would be one that operates (or intends to
operate) FOR PROFIT, and IC 63-603E (the basis of NSA's application for property
tax exemption) specifically requires that schools seeking property tax relief be
NON-PROFIT.

Furthermore, NSA officials are quite adamant that they are, in fact, non-profit
(although I'm aware of absolutely no evidence that supports their assertion).

So, I don't think NSA can have it both ways:  be a "commercial enterprise" for
zoning and "non-profit" for property tax exemption.

Second, Donovan uses MCC § 4-11-9(47) ("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.") to write:
"NSA is not an accredited college, so legally; this law is not applicable to
it."

Au contraire, Donovan, this definition in MCC § 4-11-9(47) of an Educational
Institution *is* applicable to NSA.  Let's separate the wheat from the chaff:

"A college or university supported by public or private funds, tuitions,
contributions or endowments"
NSA *is* a college supported by private funds, tuitions, and contributions (and
maybe endowments -- I don't know), so that fits.

"giving advanced academic instructions as approved by the State Board of
Education or by a recognized accrediting agency"
You are correct that they aren't yet accredited, BUT they are
authorized/approved by the State Board of Education to provide post-secondary
courses:
http://www.nsa.edu/mission/authorization.html
So, that fits.

"excluding preschool, elementary and junior or senior high schools, and trade
and commercial schools"
Well, NSA clearly isn't a preschool, primary school, or secondary school -- it's
a private college -- so that fits.  Nor is it a trade or commercial (for profit)
school, so that fits.

How is it you arrive at the conclusion that MCC § 4-11-9(47) doesn't apply to
NSA?  Under the definition, it seems clear to me that NSA *is clearly*, in fact,
an Educational Institution as defined by  MCC § 4-11-9(47).

I'm unwilling to make the leap that NSA can be both a Commercial School *and*
non-profit at the same time.

BUT, I'm unclear what that has to do with the zoning question -- I'm not aware
of *anyone* who would argue that NSA isn't an Educational Institution.  Donovan,
am I not following something here?

The problem (as I understand it), seems to be that NSA is not a Permitted
Principle, Accessory, or even Conditional use of property in the Central
Business (CB) Zoning District as defined by Title 4, Sec. 3.5 of the Code.  The
very intent of the Central Business (CB) Zoning District is "the most intensive
Commercial Zoning District."

***If*** NSA met the definition of a Commercial School, then it *would* be a
Permitted Principle use.  However, one cannot argue on the one hand,
qualification for property tax exemption on the basis of being a NON-PROFIT
school or educational institution (as required by IC 63-602E) and on the other
hand, proper CB Zoning District Principle Use as a COMMERCIAL school.

At least, I'm not seeing how that argument could logically be made.

Now, if you can show me where NSA admits to being a Commercial School (a
commercial enterprise by definition) rather than a non-profit school or
educational institution, please do  :-)

And, if I'm missing or misunderstanding something, I look ***forward*** to
clarification/correction!  I hope to have some time to get a better
understanding, but until then, if someone wants to take the spoon-feeding
approach, I'd be grateful.


Saundra Lund
Moscow, ID

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

-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] On
Behalf Of Donovan Arnold
Sent: Monday, January 24, 2005 12:52 AM
To: deco at moscow.com; vision2020 at moscow.com
Subject: [Vision2020] Re: Zoning Code and NSA (archives) READ § 4-11-9 (80) and
§ 4-3-5(A)

Mr. Nelson and Mr. Fox,

Thanks for continued interest in this topic. Wayne, you can find the 
reference to MCC § 4-11-9(47) here:

(http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf)

It is under another section of MCC, Administration and Enforcement.

Mr. Nelson, you are incorrect in both your legal definition of New Saint 
Andrews and to its legal status of location in accordance with Moscow City 
Code.

NSA exactly matches the definition of the term "Commercial School" which is 
defined in MCC § 4-11-9 (80) as,

"A program whereby instruction is given to pupils
in arts, crafts or trades and operated as a commercial enterprise.
(Ord. 99-38, 12/20/99)"

( http://www.ci.moscow.id.us/citycode/TITLE04/chapter11.pdf)

In addition, Moscow City Code § 4-3-5(A) specifically encourages commercial 
businesses like NSA to locate downtown.

". . .for example, enterprises dispensing retail commodities, and those 
providing professional and personal services to the individual."

Sorry, but that is exactly what a commercial school does, provide personal 
services to the individual. It is a Commercial Business Zone. NSA is exactly 
that, a commercial business.

Further, I would like to point out the error of interpretation of the law 
that people were using to state that NSA should be moved.

MCC § 4-11-9(47)

"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."

NSA is not an accredited college, so legally; this law is not applicable to 
it. This law was written for one purpose. That one purpose is to prevent the 
University of Idaho from buying up land and buildings downtown like it had 
elsewhere in Moscow with the Palouse Mall. People wanted a place free from 
the University and its influence. It was not meant for any other purpose.

The law is very clear if you read Moscow City Code § 4-3-5(A) and MCC § 
4-11-9 (80) that NSA is NOT prohibited from being downtown. And in fact it 
is encouraged to be there. End of case.

Take care,

Donovan J Arnold