[Adopted 11-25-2008;[1] amended in its entirety by the City Council 7-19-2016 by Order No. 16-61.10]
A.
The City Council finds that an outpatient addiction treatment clinic
can be a valuable component of our health-care system if operated
by qualified and responsible operators and subject to reasonable regulations
to assure effective operation. The City Council also recognizes the
importance of appropriately siting clinics in order to protect the
public health, safety, and welfare. This requires restricting the
proximity of clinics to schools, child-care providers, public parks
and playgrounds, and other locations where children and young adults
may frequent. It requires siting in locations accessible by public
transportation, zoned to assure the compatibility of other allowed
uses in the zone with and to such clinics, and selected to assure
the personal safety and privacy of the patients and clients of such
clinics. In addition, the City and private interests have devoted
substantial resources and made significant efforts to attract retail
and commercial development into the downtown sections of Sanford and
the Village of Springvale, and location of a clinic in these areas
may conflict with this development plan.
B.
The City Council finds that it is in the best interests of the City
to protect areas where efforts are currently being made to stimulate
new business investment, and encourage focused and planned economic
growth, which includes the areas identified above. The location of
outpatient addiction treatment clinics in these areas could detract
from these efforts without benefiting the patients and clients of
such facilities. Proper locating shall also avoid adverse law enforcement
impacts and the overburdening of police and rescue resources while
at the same time protect the personal privacy, convenience, and interests
of the patients and clients of such facilities. The City Council finds
that with the reasonable and necessary location restrictions listed
herein and in the City's Land Use Code, there remain sufficient suitable
areas within the City to site mental health and abuse centers, including
outpatient addiction treatment clinics. Licensing of these facilities
shall enhance community relations with the providers of such clinics,
establish lines of communications with operators of the facilities,
and provide for periodic review of and reasonable control over their
operations. Licensing of these facilities is appropriate and consistent
with the City's policies and practices to review and license business
activities that can have an adverse impact on its citizens. The licensing
is not meant to conflict with the licensing done at the state level
pursuant to 14-118 CMR Ch. 4, Regulations for Licensing/Certifying
Substance Abuse Treatment Programs in the State of Maine, but to provide
separate and additional requirements as necessitated by the above
findings to protect the local interests of persons in Sanford, Maine.
C.
In addition, the City Council has delegated to the Planning Board application of the land use development standards in Chapter 280, Zoning. Also the City Council finds that using the North American Industry Classification System to identify the activity regulated hereunder is the fairest and most equitable method available and treats all similarly classified uses the same.
A.
This article shall apply to any outpatient addiction treatment clinic
which is located or to be located within the City. Notwithstanding
anything to the contrary in 1 M.R.S.A. § 302, this article
applies to any application relating to the establishment or operation
of a mental health and abuse center or outpatient addiction treatment
clinic, whether or not such application had become a "pending proceeding"
as defined in 1 M.R.S.A. § 302 prior to the enactment of
this article.
For purposes of this article, the following definitions shall
apply unless the content clearly implies otherwise:
This term is defined in Chapter 280, Zoning.
This term is defined in Chapter 280, Zoning.
This term is defined in Chapter 280, Zoning.
That area identified by the Sanford Downtown Legacy and shown
on the map entitled "Sanford Downtown," as it may hereafter be amended,
and it also includes the area identified by the Lafayette Circle,
which includes all property within 1,320 feet of the Lafayette School.
A building, together with its contiguous accessory buildings
and grounds and uses, for the education and learning of children.
Uses within the meaning of this definition shall include, but are
not limited to, private and public preschool, elementary, middle and
high school.
That area defined in the study prepared by Kent Associates and referenced in the Springvale Design Guidelines in Chapter 280, Zoning, as it may be hereafter amended.
A.
All applications for licenses under this chapter shall be filed in accordance with § 149-1.8.
[Amended 4-19-2022 by Order No. 22-151-01]
B.
In addition to the information specified in § 149-1.8, an application for a mental health and abuse clinic or outpatient addiction treatment clinic shall provide:
(1)
The social security number of a person designated by the applicant
as the responsible operator, and shall include the written consent
of such person to a full background and reference check by the City.
(2)
A detailed description of the proposed outpatient addiction
treatment clinic to include the following: population to be served,
client services, methods of treatment, identification of controlled
substances to be kept on site and how the applicant shall prevent
their theft or misuse, staffing requirements, security provisions,
hours of operation, anticipated parking demand, peak-hour traffic,
and identification and copies of other required licenses.[1]
The application shall be administered under the provisions of § 149-1.9, except as noted below.
A.
City Clerk review. When a license application for an outpatient addiction
treatment clinic is filed with the City Clerk, the Clerk shall order
a background check from the Police Department for the applicant, individuals
with a legal interest in the facility, and any individual(s) hired
to manage operation of the facility. The license application with
the background check shall then be reviewed by the City Clerk to determine
if the application is complete.
B.
City Council review.
(1)
The City Council must conduct a public hearing on any new application
to allow adequate time for public comment and review.
[Amended 7-21-2020 by Order No. 19-954-01]
(2)
The City Council may require the applicant to construct or implement
other measures when those measures are designed to improve the operations
of the clinic or minimize the impact of the clinic on the surrounding
neighborhood.
C.
That the applicant meet with the Chief of Police or other state or
municipal official semiannually. The purpose of said meetings is to
establish a good working relationship between the City and the owner
and operators of clinics and to provide for review of the operation
of the clinic on a regular basis.
Any mental health and abuse center or outpatient addiction treatment clinic in lawful existence on the effective date of this article may remain in operation in its present location without applying for or obtaining the license required hereunder until the later of December 31 of the calendar year in which this article is adopted or 12 months following the effective date of this article. Thereafter, such clinics shall be required to comply with all the licensing provisions of this article. A clinic in lawful existence and operation on the effective date of this article may continue as sited and being operated on that date but shall be considered a lawful nonconforming use subject to all restrictions and regulations on nonconforming uses in this article and Chapter 280, Zoning, as from time to time amended.
