HomeMy WebLinkAbout2005-04-11 05-126 ORDERItem No. 05-126
Date: April 11, 2005
item/Subject Order, Accepting the Final Report from the Medical Facilities Committee.
Responsible Department: Legal
Commentary:
The Bangor CRy Council created a Special Committee on Land Use Policy Governing Medical Facilities on
December 27, 2005, by Council Order 05-01. The Committee was changed with reviewing the a" existing
zoning and land use regulations governing medical facilities in order to determine what charges, if any, may
be required due to the charging nature of such realities and the nature of the services that dte9 provide. The
Committee convened on a number of comadons and, on March 23, 2005, adopted the attachetl Final Report
containing its findings and reoammendations to the City Council.
This Order will accept the Final Report and direct staff to prepare the necessary ordinance amendments to
Implement its recommendations. The Transportation & Infrastructure Committee recommended approval
a this item at its April 5, 2005, meeting.
Budget Approval:
Legal Approval:
Introduced for
X Passage
_ First Reading
Referral
Department Head
Finance Director
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SQBST[= DOST
e Assigned to Councilor 05-126
CITY OF BANGOR
(TITLE.) ORDER, Accepting the Final Reporthom the Medical Facilities CommRtee.
eythe city'Counovarh Otycir&n9mr.
ORDERED, THAT
The Bangor. City Council hereby accepts the Final Report of the Medical Facilities Committee,
drafted and adopted by said Committee in accordance with Council Order 05-41. The Assistant
City Solicitor is hereby directed to prepare the ordinance amendments recommended in the
Final Report for f—' reading review by the Transo0 don and Infrastructure
05-126
Assigned to Councilor Haves Ayr;F 11, 2005
CITY OF BANGOR
QITLEJ ORDER, Accepting the Fnal Report train the Medical Facilities Committee.
By the 000 Couiw/ of the City of&wWw.
ORDERED, THAT
The Bangor City Council hereby accepts the Final Report of the Medical Facilities Commitee,
drafted and adopted by said Committee in accordance with Council Order 05-91. The Assistant
City Solicitor is hereby directed to prepare the ordinance amendments recommended in the
Final Report far Brat reading on Apel 25, 2005.
IN CIW COUNCIL
April 11, 2005
Notion Made and Seconded
for Passage
Notion Made and seconded to
Amend to substitute
"first reading oa April 25, 2005"
with "1Tansportatlan and
Infrastructure Committee
Meeting of May 3. 2005"
Motion Doubted
Vote: 2-2
Councilors voting yea:
Casbwell, D'grrico, Partington
Greene, Dares, Stone, Tremble
Coouncilors voting no: Allen
Crotwick
Amendment Passed
Motidn Passed As Amended
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[fffLNl CeptinR theyival Neport feces
the Medical Facilities Committee
MEDICAL FACILITIES
COMMITTEE
FINAL REPORT
MARCH 23, 2005
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05-126
MEDICAL FACILITIES COMMITTEE FINAL REPORT
. 23 MARCH 2005
WHEREAS, the Medical Facilities Committee (hereinafter 'the
Committee) was created by the Bangor City Council on December 27, 2004, by
Councl Order OS41, in accordance with the Code of the City of Bangor,
Chapter 9, § 9-9;
WHEREAS, the Committee was establshed for an initiaf term of three
months, expiring March 31, 2005, at which time the Committee was charged
with is wing a Final Report or recommending that the Bangor City Contrail
extend the Committee's term; ,
WHEREAS, the Committee was chaired by Councilor Susan Hawes., and
is composed of the following additional members: Councilor Amen AEen, Walter
Cupplesr, Gary Mdai ren, Rick Fournier, Walter Csmd, Bill Diggms, Dr.
Elizabeth Weiss, Jim Tyler, and Seth Harrow, Esq.;
WHEREAS, the Committee's purpose was "to review the City's eaddinig
mng and land use regulations governing medical facilities in order to
determine what changes, if any, may be required due to the changing rature of
such facilities and the nature of the services that they provide and to develop
recommendations for review by the Bangor City Cou ice; and
WHEREAS, the Committee conducted five meetings over its three-month
term, from which it has reached the following conclusions;
NOW THEREFORE, the Medical Facilities Committee hereby respeci±aRy
submits this Final Report to the Bangor City Courim:
The Land Development Code
The Land Development Code diodes the City into multiple zoning districts with
the goal of grouping compatible uses together and segregating mex mpahble
ones. Compatibility is generally based on broad operational characteristics of a
land use. - - -
Specifically, the land Development Code utilizes 20 different earring districts,
which may be generally categorized into residential zonesthcoemme tial mil,
industrial zones, and mviro�mtal preservation zones, gh some sones
have mixed characteristics. The zones are also categorized on the basis of
whether they are located m developing or urban areas..
I Titian Cote was ongtnally apps nted to the Committee, but she resigned pribr to the
issuance of this report avd was replaced by W. Cupples.
v The Committee met on two de iffinal occasions, but did not have quorums.
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Emb waing distract lista use categories that are allowed in the zone, either as a
permitted use or condedomrl use. A permitted use is One that is considered
appropriate for the area per se while a conditional use is one that may be
appropriate, depending upon the spenbc drevmstances of the area and manner
in which the use will be operated, if a proposed use does not fit into a permitted
or conthfional use category, it is prohibited.
The administration of zoning is fairly simple- an applicant seeking sorting
approval for a use must apply for a certificate of occupancy from the Code
Enforcement Office. Zoning approval occurs when the Code Enforcement Office
approves the application by signing it, even though the certificate of occupancy
may not he issued until a later time.
The only discretion given to the Code Enforcement Office -i in the form of
determining whether a proposed use is permitted, conditional, is
prohibited. If
on applicant applies for a certificate of occupancy for a permitted use, the Code
Enforcement Office must approve it. The Code Enforcement Office may not
approve an application for conditional use, however, until the applicant has
obtained fllarming Board approval.
In order m obtain a conditional use approval, sal applicant must demonstrate to
the Madming Board that the specific conditions for the use listed in the strung
district have been met and show that: a) the proposed use will meet the district
development standards; b) the proposed use will not create unreasonable traffic
congestion or hazardous conditions On contiguous or adjacent streets; C) the
proper Operation of the -conditional use will be ensured by providing and
maintaining adequate and appropriate to ides, fire protection, drainage,
parking and loading and other necessary site improvements; and d) the
proposed use, although not appropriate for every site ra the zone, is appropriate
for the location for which it is sought because the praposed use will conform to
the general character of the development in the immediate area as to
architectural style, building bulk and eshent and intensity of site use.
Once 19amdng board approval has been granted, the Code Enforcement Office
must approve the certificate of OCCnPRIum for the conditional use. Any zoning
decision by the Code Enforcement Office may he challenged within 30 days by
Lung an appeal to the Board of Appeals. A Planning Board denial of a
conditional use application may only be appealed to Superior Court.
Current zordng scheme for Medfazl Facilites
Me fend Development Code, § -165-13, has four categories of medical uses,
three of which are defined by the code.
L "CHEMICAL DEPENDENCY TREATMENT FAC= — A state -licensed
fanuty for the treatment of chemical defo ndenty.-
s Excluding medical OnOmes for artimels, which were not considered.
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A 'chemical dependency treatment facility' is allowed m the Government &
Institutional Service District as a conditional use, provided it is located on a
major armorial street, and in the General Commercial & SerVree District as a
permitted use. It is also allowed in the Urban Industry District an a permitted
use as a'rommcrcial" uae.
2. "CLINIC, MEDICAL OR DENTAL - -- An establishment providing
outpatient eemom tion, treatment, or other care by a physician or dentist,
re duding chemical Lepeadenny treatment facilities." -
A'clinic, medical or dental" is allowed in the Urban Service District, Downtown
Development District, Shopping ea Personal Service District, General
Commercial & Service District, and Industry & Service District as a permitted
use, and in the Government & I ombornmed Service District as a conditional
use, provided it is in association with a hospital complex and located on a major
arterial street. It is also allowed is Ne Urban Industry District as a permitted
use as a commercial" use.
3, 'NURSING HOME -- A facility which is operated in connection with a
hospital, or in which nursing care and medical services are prescribed by or
performed under the general direction of persons 4cen5ed to practice medicine
or urgery in the state, for the accommodation of convalescent or other persons
who are not acutely M and not in need of heapital care but'alm do require
skilled nursing care and related medical services. The term rrursing home'shall
be restricted to those facilities, the purpose of which is On provide skilled
sing care and related medical services for a period of not less than 24 hours
per day to individuals admitted because of illness, disease Or physical or mental
infirmity and which provide a community service."
A bummg home" is allowed m the Multifamily & Service District as a
conditional use, High Density Residential District as a conditimodl use, provided
it is located on a major arterial street and has an impervious surface ration not
greater than 0.40, and m the Government & Institutional Service District as a
pexmitteduse.
4. The terra hospital" is not defined by the Code, and is therefore given its
customary dictionary meanings. A hospital is allowed in the Government &
Institutional Service District as a permitted use.
Findings & Recommendations
The Committee was charged with considering whether the current zomng
scheme as it relates to medical uses is sufhdent, and, if not, m which canes
and under what conditions should medical uses be allowed. To contemplating
what zoning districts are appropriate for medical uses, the Committee
Considered the comprehensive plan, each zoning districts stated purpose, and
the similarity of other uses in the zones based on type of use, intensity of use,
and other such operational characteristics.
The Committee concludes that the current scheme requires amendment,
primarily for two reasons:
First, the definition of "clinic, medical or dental' needs to be amended because
itis unclear and too narrow £n scope. The scope of traditional medical services
available is constantly increasing and now many complementary or altmeative
treatments ere now available. The def tion of "clinc' should be expanded to
cogrwe both traditional and emerging treatments. From a zoning perspective,
the primary difference betwem a clinic and hospital is whether treatment is
provided solely on an out-patient basis or whether ti.ere is in-patient care. A
definition for "hospital" should also be added to clarify this distinction.
Second, o -called "chemical dependency treatment facilities' are
indistinguishable from clinics from the point of view of zoning, based on type of
intensity of use, and operational characteristics. Such facilities provide
outpatient medical services and counseling, the same as many other medical
offices, regardless of public perception or. popularity. Concerns about specific
ldnda of medical treatments are properly handled through state licensing, not
zoning.
Therefore, the Committee recoormaninis the following in regard to the Land
Development Code, Chapter 165, § 165-13 (definitions(:
1. Delete the deferuffm of "chemical dependency treatment facility.' Such
facilities would fall within the deftion of clinic.
2. Delete the reference to chemical dependency treatment facilities in the
definition of "business or professional office" leaving the term defined as
-"any office setting in which professional or business services are carried
on, including but not limited to finance, real estate, accounting, data
processing, legal, insurance, counseling, desim, engineering and
mclatectum, but expressly ,mb rug any repair services, retail sales, or
clinics."
3. Delete the reference to chemical dependency treatment facilities in the
definition of'comormury service organization,° leaving the term defined
s "a nonprofit charitable msdandon, not to include social clubs or
ritems, the priabsry function of which is serving the public health or
octal welfare of the community, provided that the specific activity which
characterizes the primary use of such cormamnity service organization
use shall be similar in nature, intensity and impact to other permitted
uses or, if the community service organ estam is a conditional use, other
permitted or conditional unto in the zoning district in which auch use is
contemplated. -
4. Delete the reference to chemical dependency treatment facilities in the
definition of'retml or service business; leaving the term defined as 'any
business or establishment engaged in the sale of goads or services to the
general public. A service business shall include any establishment
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engaged m the fields of finance, insurance or real estate and any
establishment providing professional, personal or business services or
nvehicolar repair aervices. A service business does not include clinics,
a gasoline service station or motor garage, a hotel, motel, rooming house,
boardinghouse or tourist home or a manufacturing use. -
5.
e.5. Change the definition of'clinic, medical or dental" to `ctimc," denied as-
sn establishment providing outpatient examination, treatment, or other
care by a physician, dentist, or other medical professional."
6. Add a def tion of"hospibd,- defed as -so institution that provides
medical, surgical, or psychiatric care and treatment for the sick or the
injured on an outpatient sed inpatient basis, or only on on inpatient
basis, inctuding related services such as laboratories, training fa,ilities,
and administrative and staff offices."
7. Retain the existing d dartion of "nursing home'
While the new definition of cfic would encompass a wide variety of medical
Practices, this is consistent with other zoeing categories. For example, bath a
comer convenience store and a 200,000 square -foot superstore fall under the
use category 'retail or service business"; a 1,000 square foot cottage and a
6,000 square foot mansion are both smgle-family residences; and a two -room -
too estate office is a-busie,os or professional office" the same a bank that uses
ten stories of an office building. Zoning can only, provide a broad -brush
regulation of land use- attempting to be too specific only impedes e&cay.
The effectiveness of the Land Development Cade is ensured by the Code
Enforcement Office, which determines into which category a proposed use fills,
and the Board of Appesls, which conducts a de miro revrew of the
determination, ff necessary.
in toms of where medical uses shovW be allowed as a matter of zoning, the
Land Development Code roily needs minor revision, primerily to standardise
terms. Modifymgthe defition of ciudc essentially rationalizes the land use
policy because obides, as previously defined, are allowed in all appropriate
zone, F nu a zoning perspective, o3mur ; are similar to both service businesses
and professional offices; it therefore stands to reason that clinics should
generally be co -located with busmess and professional offices and retail or
service businesses. This poky is supported, and perbaps compelled, by Use
Purposes of the various ming districts in which such uses are currently
allowed.
Consequently, the Committee recommends that the Bangor City Council: -
1. Amend the Code of the City of Bsngor, Chapter 165, § 165-92[C](12(,
changing the term -clic, medical or dental" to -clinic." , .
2. Amend the Code of the City of Hsogor, Chaeta 165, §- 165-93(C)(17),.
,banging the term "clic, medical or dental" to -clinic."
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3. Amend the Code of the City of Bangor, Chapter 165, § 165-97:
a deleting "but excluding chemical dependency treatment far2ities'
hoe, subsection (C)(i);
b. deleting the word "comple falowing the word "hospital" in
subsectioa(C)(6);
c. deleting subsection (D)(l), including (a) and (b), and replacing it
tnth'clirde; and
d. deleting subsection (D)(3).
4. Amend the Cade of the City of Bangor, Chapter 165, § 165-101(C)(12),
cbaagr g the term °clinic; medical or dental' to
5. Amend the Code of the City of Bangor, Chapter 165, § 165-102(C):
a changing the term "clviic, medical or dental' w "clime in
subseo5on(C)(8); and -
b. deleting subsection (C)(9).
7. Amend the Code of the City of Bangor, Chapter 165, § 1fi5-103(C)Q I),
changing the term "clinic, medical or dentaP to -e c."
Finally, while the Committee believes the proposed changes will improve the
Land -Development Code, the code, even in its current i
adequate to prevent serious pubhc harm from .residential, commercial or
radusaial development from chemical dependency treatment facilities.
Accordingly, the Committee r m
mends that the Count repeal the
moratorium against the issue re of certificates of occupancy for new chemical
dependency treatment faalitiea, COrd 05-55, passed on January 24, 2005.
However, the Committee rec mmends that the City maintain the lines of
umcation. with such medical facilities in order to deal with any speci5c
issues that might arise but tlrat are not appropriately regulated by zoning.
The Medical Fac ities Committee believes that enacting these amendments will
be in the best interests of the City of Bangor by creating a national and well -
reasoned zoning scheme to regulate medical facilities wit the City of Boagor.
7 �S 1
Adopted t s 23b day o March, 2005.
Sig¢ed:
C.1
sv xawes, Ctiei,
e A➢en�
Waif
tipp es
�n�
W!al�t]er Cifox�e
YVV"`
Bill lkgpyts
Dr. beth Weiss /
Jim ler
Seth arxoW, Esq.
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