Everett City Zoning Code
SECTION 25
Substance Abuse Treatment Centers.
(Ord. of August 21,2002; amended as part of October 2021 update; C0031-14)
A.
Purpose.
The City of Everett desires to protect its residential lands from encroachment by substance abuse treatment centers and to ensure and promote the City’s image as a safe, pleasant and attractive place of residence. The City also desires to preserve and protect the safety of young children in the vicinity of schools and public parks. The City further desires that young people and children not be subjected to confrontation with the existence of substance abuse treatment center uses in the vicinity of schools and parks. The commercial areas of the City of Everett reflect greatly on the City’s image and it is the desire of the city to promote a positive business community image, and to retain and promote safe, attractive business areas free of crime and nuisance.
The purpose of this section is to regulate Substance Abuse Treatment Center uses within the City by Special Permit to Chapter 40A, Sections 9 and 9A of the Massachusetts General Laws. In order to promote the safety and welfare of the inhabitants of Everett.
B.
Definitions.
1.
Substance Abuse Treatment center:
A facility providing substance abuse treatment services, including but not limited to counseling services, therapy sessions and/or the dispensing of medication to treat substance abuse.
2.
Medical Center:
An institution providing varied medical services, including but not limited to ambulatory care. Route medical visits, surgical care, physical rehabilitation, or mental health services, on an out-patient basis. “Hospitals” and “Substance Abuse treatment Centers” are specifically excluded from this definition.
C.
Restrictions.
A Substance Abuse Treatment Center shall not be located:
1.
Within one thousand (1,000) feet of each other;
3.
Within one thousand (1,000) feet of a non-profit educational use, library, or museum;
4.
Within one thousand (1,000) feet of a park or playground; or
5.
Within one thousand (1,000) feet of any established/establishment licensed under the provisions of Massachusetts General Laws, Chapter 138, Section 12;
6.
Adjacent properties shall be adequately protected from noise, odors and unsightly appearances;
7.
The hours of operation shall not negatively impact surrounding areas in terms of traffic flow, nor create increases in traffic volume during peak periods in surrounding areas.
D.
The application for special permit must include the following information:
1.
Name and address of the legal owner of the establishment;
2.
Name and address of all persons having a lawful equity, or security interest in the establishment;
3.
A sworn statement the neither the applicant nor any person having equity or security interest in the establishment has been convicted of violating M.G.L. 119, Section 63 or M.G.L. Chapter 272, Section 28;
4.
Proposed security precautions; and
5.
The number of employees;
6.
No Special Permit shall be issued under this section to any person convicted of violating M.G.L. Chapter119, Section 63.
E.
Applications.
Substance Abuse Treatment Centers may be allowed, by Special Permit, within Industrial Limited Districts subject to the restrictions of Section 3 and subject to regulations imposed by the Special Permit Granting Authority. For the purpose of this section, the Special Permit Granting Authority shall be the city council of the City of Everett.
1.
Special Permits shall only be issued following a public hearing held within sixty-five days after the filing of an application with the Special Permit Granting Authority, a copy of which shall forthwith be given to the City Clerk by the Applicant.
2.
Such Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such Special Permits and shall file a copy of said rules in the Office of the City Clerk.
3.
The Special Permit Granting Authority shall act within ninety days following a public hearing for which notice has been given by publication or posting as provided in M.G.L. 40A, Section 11 and by mailing to the parties in interest.
4.
Failure by the Special Permit Granting Authority to take final action following the date of a public hearing shall be deemed to be a grant permit applied for.
5.
Special Permits for Substance Abuse Treatment Center shall expire one year from the date of the issuing of the permit, and including such time required to pursue or await the determination of an appeal referred to in M.G.L., Chapter 40A Section 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.