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HomeMy WebLinkAbout2005-01-10 05-55 ORDINANCEItem No. Os -ss Date: Annul 10, 2005 Item/Subject: Ordinance, Enacting a Moratorium on Certificates of Occupancy for Chemical Dependency Treatment Faci101es (Methadone Clinics). Responsible Departrnent: Legal Commentary: This Ordinance would impose a moratorium on permitting chemical dependency beaboent fatllmes In the City of Bangor for a period of 180 days. This wood is intended M allow the necessary time for the Special Committee on Medical Facllities to review the Ory's current land use regNadons in regard to medical facilifies and, if appropnate, to implement the remmmendations of this committee. Under state law and if necessary, a moratorium may be extended for additional 180 day periods upon a finding that the problem giving m e to the morxtorlum continues to exist and reasonable progress Is being made to alleviate the problem. Managers comments: Department Head Associated Information: Order ��`� I,t.m.aa�tm, anal J4, ..^"^a,�,a.^da"kw Brame Director U SMA Passage X First Reading p Page -of- -K Referrai leo `(.�, IllW j ryw� 05-55 Ksiamd to Councilor Caslmell January 10, 2005 CITY OF BANGOR (TITLE.) Ordinance, Enacting a Moratorium on Certificates of Occupancy for Chemical Dependency Treatment Facilities (Methadone Clinics) Be itonfaNredbyMe City ofBanr, as lollatrs. A moratorium on the issuance a certificates of occupancy for chemical dependency treatment facilities, such as methadone clinics, is enacted as follows: § 1. Necessity. Muncipalities are authorized by 30-A M.R.S.A. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anbapated development, or B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious pudic harm from residential, commercial or industrial development In the affectetl geographic area In accordance with 30-A M.R.S.A. § 4355(1), the Bangor City Council finds that a moratorium on chemical ceperdency treatment facilities, such as methadone clinics, is necessary and warranted. § 2. Moratorium on Issuance of Certificates of Occupancy for Chemical Dependency Treatment Facilities. The Bangor Code Enforcement Office shall not approve any applications for certificates of oaopancy, for chemial dependency treatment facilities, inducing methadone dinics, Mile this moratorium is in effect. § 3. Term This moratorium shall continue for 180 days from the data of passage. It may be extended for additional 180 -day periods in accordance with 30-A M.R.S.A. § 4356(2) upon a finding by the Bangor City Council that the problem giving nse to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratmium. CITY CGUNCI1 wars 10. 2005 CITY COUNCIL wary 24. 2005 ion Nada and Seconded Paosage el Yee: Allen. Cashwell. trice. Farrington. Gratmick. ¢. Haves. Stone. Trouble p 05-55 0&DIN KN Ce (il=gnactia¢ a Noratnriuw on Certificates of Occupancy For Mnaleal Dependency,Yteatnent Facilities (Methadone Welt)