§ XII. Rehabilitation health clinics and plasma centers.

(A)

Purpose and intent.

(1)

In the development and adoption of this Ordinance, it is recognized that rehabilitation health clinics and plasma centers, as such terms are defined herein, can and do have serious objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, public parks, churches, public buildings, schools and other such similar facilities, thereby having a deleterious impact upon the public health, safety and welfare, and that such businesses frequently become places of criminality and bring crime to an area.

(2)

It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure those controls and regulations necessary to preserve the integrity and character of residential neighborhoods, the stability of property values, and impose restrictions and regulations upon those activities that would adversely affect property values, increase crime and violence, and prevent adverse secondary effects that will contribute to the blighting or down grading of adjacent neighborhoods. It is the secondary effects that will contribute to the blighting or down grading of adjacent neighborhoods. It is the further purpose of this Ordinance to protect the well-being of the citizens of the community from objectionable operational characteristics of these clinics by regulating and restricting their close proximity to established certain facilities such as, without limitation, churches, parks, schools and residential areas.

(3)

It is not the intent of this Ordinance to inhibit the operation of these clinics or centers or to inhibit the availability of opiod medication to those to whom it is legally prescribed or to inhibit the ability of persons to sell plasma legally.

(4)

The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the ability of one who has been legally prescribed opiod medication to obtain those medications or the ability of one who desires to sell his/her plasma. Similarly, it is neither the intent nor effect of this Ordinance to restrict or deny access to opiod medication by those for whom opiod medication has been prescribed or to restrict or deny access to a location where plasma may be sold legally. This Ordinance represents a balancing of the legitimate ends of the community by imposing an incidental, content-neutral place, time and manner regulation of rehabilitation health clinics and plasma centers. The regulations deemed necessary to control the undesirable externalities arising from these businesses are set forth in this Ordinance.

(5)

Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution, sale or consumption of opiod medications illegally.

(B)

Definitions.

Misdemeanor means that upon conviction a fine not more than one thousand dollars ($1000.00) and/or imprisonment for a term not exceeding ninety (90) days shall be imposed at the discretion of the municipal court.

Opiod means substances that act on opioid receptors to produce morphine-like effects

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Plasma means the fluid portion of the blood in which the formed elements (blood cells) are suspended.

Plasma donation center means any business, operation, or activity that has as its primary function the acceptance of donations of human plasma.

Premises means the real property upon which the rehabilitation health clinic or plasma center is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the rehabilitation health clinic or plasma center, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license.

Rehabilitation health clinic means any business, operation, or activity that has as its primary function the sale, delivery or provision of opiod medication as a means of rehabilitation from drug addiction. Hereinafter, rehabilitation health clinics and plasma centers are referred to collectively as "clinic" or "center".

(C)

Zoning regulations.

(1)

Nonconforming uses. Any rehabilitation health clinic or plasma center lawfully operating on the effective date of this Ordinance that is in violation of the location or other requirements of this Ordinance shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more clinics are within one thousand (1,000) feet of one another and otherwise in a permissible location, the clinic that was first established and continually operated at a particular location is the conforming use and the later-established business/es is/are nonconforming.

(2)

Location restrictions. Rehabilitation health clinics and plasma centers, as defined herein, shall be permitted in I-1 and I-2 by special exception approval provided that:

(a)

Clinics may not be operated within one thousand (1,000) feet of

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, to include funeral homes.

2.

A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, alternative schools, junior colleges and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.

3.

A liquor store, free-standing lounge or tavern, or other same or similar establishment or use as a night club and/or dance hall.

4.

A public park or recreational area which is used for park or recreational activities, including, but not limited to, a park, playground nature trials, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar land.

5.

The property line of a lot zoned for residential use as defined in the zoning code.

6.

The property line of a lot used for a private or public hospital, adult day care, nursing home, assisted living facility or any business that legally dispenses medications.

7.

Another rehabilitation health clinic or plasma center.

(b)

A clinic may not be operated within five hundred (500) feet of a Mississippi Scenic Byway as such term is described and defined in Miss. Code Ann. § 65-41-1 (as amended) et seq.

(c)

A clinic may not be operated in the same building, structure, or portion thereof, containing another clinic as defined herein.

(d)

For the purpose of this Ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the closest point on structure to closest point on structure or closest point on parking lot or space to closest point on parking lot or space, whichever is closer. The applicant must provide written certification that the proposed clinic meets the distance requirements set forth herein.

( Ord. No. 2903, § 1(Exh. A), 5-23-17 )