This page offers a paint-by-numbers look at Moscow City Code, to demonstrate the zoning-violation complaint against New St. Andrews College. Please note that the Zoning Code regulates property use, not ownership or tax status. (You can also view this page in portable document format, or pdf.)
GENERAL PROVISIONS
The Comprehensive Plan is “the policy guide for the application” of the Zoning Code. [4-1-4][1]
There are seven stated purposes of the Zoning Code, including to “mitigate the effects of incompatible uses” and to “preserve the positive aspects of existing neighborhoods.” [4-1-3 C, E]
Only uses enumerated in the law (City Code) are allowed in a zone. All others are prohibited.
[4-11-5]
Some uses are “conditional.” Owner must apply for permission — known as a “Conditional Use Permit” (CUP) — from the City to use the property as planned and stated. Other enumerated uses are a matter of right. [4-11-5; 11-9 B 24]
A Zoning Certificate is required for all uses — including a change of use by the same owner — to confirm that the proposed use of the building or land conforms to the requirements of the Zoning Code. [4-11-2]
No variance is permitted to expand the uses permitted in any zone. [4-8-3 E]
It is “unlawful” to use a building without a zoning certificate. [4-11-2]
The Zoning Administrator must order the termination of an illegal use. [4-11-1 B]
All questions of enforcement of the Zoning Code “shall first be presented to the Zoning Administrator” for interpretation. [4-11-3 D]
Complaints about suspected violations of the law are to be asserted in writing to the Zoning Administrator [4-11-7], as with the first complaint and the second.
Appeal of the decision by City Staff is made first to the Board of Adjustment. [4-8-2]
SPECIFIC APPLICATIONS
NSA is located in the “Central Business District.” [Zoning Map]
NSA is defined as an “educational institution” by the law. [4-11-9 B 47]
NSA is not a “school” — defined as pre-K to 12th grade. [4-11-9 B 79]
NSA is not or a “commercial school” — defined as giving instruction “in arts, crafts, or trades and operated as commercial enterprise.” [4-11-9 B 80]
Educational institutions are prohibited Downtown because they are not specifically enumerated — not even as a conditional use. [4-11-5]
If NSA is not an educational institution, then it still does not qualify under any other definition of a use that is allowed Downtown.
NSA has no zoning certificate because MCC does not permit NSA to operate in the Central Business District.
