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HomeMy WebLinkAboutOrd.2259.10-20-1997BILL NO. 97-232 ORDINANCE NO. c2 `3 T AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO RESIDENTIAL OR OUTPATIENT TREATMENT FACILITIES FOR ALCOHOL OR OTHER DRUG ABUSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-39(d)(29) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-39. Special use regulations. (d) Special uses. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "R -4f' districts, or for more than twenty (20) persons in " C-1" districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evidence that he has provided written notification of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the property on which the treatment facility is to be located. Further, the exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. is hereby repealed in its entirety, and a new Section 30-39(d)(29) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-39. special use regulations. (d) Special uses. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in " R-4'° districts, or for more than twenty (20) persons in " C " districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evidence that he has provided written notification of the proposed placement of the facility to the owner or owners of property located within one hundred eighty- five (185) feet of the boundaries of the property on which the treatment facility is to be located. Further, the exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ATTEST: A41 (-� &awt Gayle 1P Conrad Deputy City Clerk DAY OF&UW/D , 19. A. M. Spradling, III,