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Another City Restricts Treatment Providers

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at March 10, 2016

On March 8,, 2016, the City of Pompano Beach (FL) finally lifted its moratorium on “health care” uses which ordinance appears to have been intended to specifically regulate and target providers of Substance Use Disorder (SUD) treatment services.

We have expressed throughout that any over-concentration of uses, no matter the type, does not make for effective land use planning, unless the intention is to create a de-facto hospital district or food court.

Even people in recovery need a wide variety of services. A Starbucks on every corner is good for no one, unless you want to go to Starbucks Land.

That said, I have expressed and continue to express concern about the disparate treatment that counseling centers geared only towards SUD treatment providers are faced with.

Stated otherwise, any form of doctors office up to 5000 s.f. (defined as a “Medical Office”) is a Permitted Use in all business districts as well as various other districts. They are never “Special Exception” or “Conditional” uses anywhere. There is no distance separation requirement from residential uses.

However, if the services offered include SUD treatment, no matter the type, then the rules change. They are a Permitted Use only within a single business district (B-4), a Special Exception use in B-3, and then relegated to Industrial and other planned commercial office park districts. They are required to be separated from residential districts in all instances.

For what it’s worth, the City treats Urgent Care Centers the same (not sure that’s good policy in and of itself) as well as those overnight uses within which a Detoxification program may be found.

In that regard, these Detoxification uses must be at least three (3) acres and require property enhancements which may not necessarily be truly required.

The link to the entire ordinance can be found here.

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SOBER LAW NEWS IS A LEGAL WEBSITE PROVIDING NEWS, COMMENTARY AND OPINIONS ON THE ADDICTION TREATMENT AND RECOVERY SERVICES INDUSTRIES. THE ARTICLES REPOSTED ON THIS SITE TAKE AN IN-DEPTH LOOK AT CURRENT TRENDS IN THIS DYNAMIC HEALTH CARE SECTOR AND THE LAWS THAT GOVERN ITS REGULATION AND GROWTH. OUR HOPE AND PURPOSE IS TO PROVIDE RELEVANT AND ACCURATE INFORMATION TO THE PUBLIC AND TO POLICYMAKERS THAT WILL HELP GUIDE THE PROVISION OF ADDICTION TREATMENT OUT OF THE SHADOWS AND INTO TRANSPARENT, MAINSTREAM HEALTH CARE. THE INFORMATION PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS INTENDED AS A PUBLIC SERVICE. ANY QUESTIONS OF A LEGAL NATURE SHOULD BE DIRECTED TO AN ATTORNEY, AND THE INFORMATION ON THIS WEBSITE IS NOT INTENDED TO REPLACE LEGAL ADVICE FROM A LICENSED ATTORNEY IN YOUR STATE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY UPON OR REFER TO THE CONTENTS AS BEING LEGAL ADVICE OR GUIDANCE PROVIDED BY JEFFREY C. LYNNE, ESQ., WITHOUT HIS PRIOR WRITTEN CONSENT.

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