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HomeMy WebLinkAboutDocumentation_Regular_Tab 07_03/23/2010!~ 1. VILLAGE GOUNGIL MEETING: ng Date: ng Type: 21191'10 VILLAGE ~ Redistributed from First Reading - lm-GEt+iDA ITEM TI 2/11 /10 vtvtrm~n~a t~, s- 3 v No ~1'~~i1`Ia#~n~ rt1~: ~'i~wr: tlar~'tt3 e: 1c' t~~a. 2. AGENDA ITEM TITLE: (Warding farm the SUBJECT line of your staff report) Qrdinanc® 3-1t}. First Rea+dna_ Amending Chapter 78. Zoning. At Amide !. In General. Sec. 76-4. Definitions. By Clarifying The Definitions For The Terms "Clinic," "Health Care Facility," "Professional C)ffice" And Professional service;" :Further Amending Dhapter 78, Zoning. At Article lx. Supplemental Regulations. Division 1. Generally. By Cnyating An Enfireiy New Sec. ?8-293. Professional Medical or Dentai CNficaes. To Adapt Regulations Pertaining To Medical C?ffices -- Village Attorney Trefa White 3. $UDGET ! FINANCIAL IMPACT: Account#: Ci~c;k h~Gere t4 enter #ext. Amourrt of this Item: Glick here to enter tex± Current Badgeted Amount Avaliable: Amount Remaining afbsr Item: ~, !-~:r ?°~~re tc; erte~ ;.- ~ ~ dick. here tt~ en#er text.. Budget Transfer Required: ~hocr ~n Appropriate Fund Balance: C"o~s~ an te!?l. itert't. 4. EXEGUTIYE SUMMARY C?F MAJOR ISSUES: {This is a wrap des~criptron of the agenda item) ©rdir~anee 3-10, First Readina, Amending Chapter 78, Zoning. At Article 1. In General:. sec. 78-4. Definitions. By Clarifying The Definitions For The Terms "Clinic, "Health Care Facility,° "Professional Uftice° And Professional Service;" Further Amending Chapter ?$. Zoning. At Article. lx. Supplemental Regulations. Division 1. Generally. By Creating. An Entirely New Sec. 78-293. Professional Medical Qr Dental C~#fices. To .Adopt Regulations Pertaining To Medical Offices -- Village Attcrmey Tisla White 5. APPROVALS: Dept Headw Finance Dir+actor. ^ Reviewed for Finar+ciai Sufficiency [~ Na Financial Impact Attorney: (for legal sufficiency} Yes ^ Na ^ Village Manager. • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: • DEFY ITEM: ^ ORD{NANCE N0.3-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTICLE I. IN GENERAL. SEC. 78-4. DEFINITIONS. BY AMENDING DEFINITIONS FOR THE TERMS "BUSINESS SERVICE," "CLINIC," "HEALTH CARE FACILITY," "PROFESSIONAL OFFICE," "PROFESSIONAL SERVICE" AND "RETAIL SALES AND SERVICE;" FURTHER AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. BY CREATING AN ENTIRELY NEW SECTION 78-293. HEALTH CARE FACILITIES AND PROFESSIONAL MEDICAL OR DENTAL OFFICES. TO ADOPT REGULATIONS PERTAINING TO MEDICAL OFFICES AND THE DISPENSING OF CONTROLLED SUBSTNACES; PROVIDING THAT EACH AND EVERY .OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta has determined that in the absence of regulations identifying where narcotic drugs may be dispensed, the Village's residents, visitors and businesses are more vulnerable to criminal activity, despite the provision of law enforcement services; and WHEREAS, the Village Council has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense narcotic drugs on-site; and WHEREAS, the Village Council believes that these revisions to the Code of Ordinances is in the best interests of the Village of Tequesta, and wilt promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. at Sec. 78-4 Definitions. by amending the definitions for the terms "Business service" "Clinic" "Health care facility" "Professional office" "Professional service" and "Retail sales and service° to provide revisions relative to medical offices and the dispensing of controlled substances; providing that such definitions shall hereafter read as follows: Business service means an establishment primarily engaged in rendering services to other business establishments on a fee or contract basis not involving the sale of any goods or commodities available on the premises and not dispensing a personal r professional service. Such establishments include such activities as real estate, insurance, accounting or bookkeeping, financial institution, management or consulting, or other similar uses. Clinic means a acility including a health care facility. medical or dental office where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons licensed by the state as a physician, dentist, chiropractor, therapist or other similar health related profession. Health care facility or medical or dental office means a 2 aci i ,. , 12rovidina health care services to the public by physicians. dentists. chiropractors. s. physical therapists. nurses. acupuncturists. podiatrists. optometrists. psychiatrists. (who are also known as health care practitioners) or others who are ulv licensed to practice their respective medical or dental profession in the State of Florida. as well as others. including but not limited to technicians and assistants. who are acting under the supervision and control of a licensed health re practitioner. Professional office means the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon. T is definition does not include offices for the reatment of animals on the premises nor does it include health care facility or edical or dental offices. Professional service means the conduct of business in any of the following related categories: architectural, engineering, planning, law, medicine in I i 2