Friday, May 05, 2006

Not All Carte Blanche for Charter Schools

A bit of a ruckus kicked up again this last week over the charter school in Alpine, with stories in the papers and even making it on to the TV news. The fuss has apparently started up again because the school that was proposed earlier for Alpine was asked by the City Council to look for other sites, which they did. However, the new site is causing just as much a stir as the original site. One neighbor was on the KSL news in the evening saying there was nothing that could be done to stop the school under state law, anyway.

Well, in a way he's right, but not completely. Section 10-9a-305 of the code does say that in part 7(a) that "A charter school shall be considered a permitted use in all zoning districts within a municipality."

But the code also says, in part 4 that "a school district or charter school shall coordinate the siting of a new school with the municipality in which the school is to be located to avoid or mitigate existing and potential traffic hazards, ... and to maximize school, student and site safety."

Part 2(b) also says that "a municipality may subject a charter school to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging." When an application is received, however, the city had better have these requirements in its code, because further on in that part, the code says "the only basis upon which a municipality may deny or withhold approval of a charter school's land use application is the charter school's failure to comply with a standard imposed under Subsection 2(b)(i)."

So the question is, does Alpine have any such standards in its ordinance? Has the charter school actually submitted a land use application to the city? If not, Alpine may have some time to get some standards in place (they had better be reasonable, however.)

See, it's not just carte blanche for charter schools, as many suppose. There are some things that can be required.


At 1:54 PM, Blogger lennyerickson1643692645 said...

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