A.
Notwithstanding any other provision of law to the contrary and except
as provided in this section, a methadone treatment facility shall
not be established or operated within 500 feet of an existing school,
public playground, public park, residential housing area, child-care
facility, church, meetinghouse or other actual place of regularly
stated religious worship established prior to the proposed methadone
treatment facility.
B.
The provisions of this section shall apply whether or not an occupancy
permit or certificate of use has been issued to the owner or operator
of a methadone treatment facility for a location that is within 500
feet of an existing school, public playground, public park, residential
housing area, child-care facility, church, meetinghouse or other actual
place of regularly stated religious worship established prior to the
proposed methadone treatment facility.
C.
Notwithstanding Subsection A, a methadone treatment facility may be established and operated closer than 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body for the municipality in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearing occurring.
D.
This section shall not apply to a methadone treatment facility that
is licensed by the Department of Health prior to May 15, 1999.
