§ 10. Moratorium established by Ordinance 2011-9 concerning the establishment and operation of new pain management clinics and expansion of existing pain management clinics.

[Ratification of Temporary Moratorium] On June 14, 2011, the Board of County Commissioners of Hernando County enacted Ordinance 2011-9 and established a Temporary Moratorium concerning the establishment, opening, and operation of new Pain Management Clinics and the expansion of existing Pain Management Clinics within unincorporated Hernando County. The moratorium established by Ordinance 2011-9 is incorporated herein by this reference, is hereby ratified, and shall terminate on June 14, 2012 according to its own terms. (footnote ###):

Footnote ###. The text of Section 21-235, operative from June 14, 2011 to June 14, 2012, is set forth below:

Sec. 21-235. - Certificate of use required; temporary moratorium on new pain management clinics and expansion of existing pain management clinics.

(a) No pain management clinic, as defined in this article, may operate in unincorporated Hernando County, nor may any person operate a pain management clinic in unincorporated Hernando County without first obtaining a pain management clinic certificate of use issued by the department pursuant to this article; except any pain management clinic, operating in Hernando County as of the effective date of this article, who has filed a complete application and paid all requisite fees within ninety (90) days from the effective date of this article may continue operating until the department renders a decision to either grant or deny the certificate of use and notifies the applicant of its decision. The clinic must obtain its certificate of use, if approved, from the department within ten (10) business days of notification by the department. Certificates of use shall be granted only for clinics that have satisfied all requirements of this article including the payment of the applicable application and certificate of use fees.

(b) Each pain management clinic shall stand alone and shall require its own certificate of use.

(c) In order to allow the department time to process the applications of all pain management clinics operating in unincorporated Hernando County as of the effective date of this article and to allow staff time to examine and develop criteria regarding the future siting of pain management clinics, no new pain management clinics may open or operate in Hernando County or make application for a pain management clinic, and no existing pain management clinic may expand for the shorter of (i) twelve (12) months from the effective date of this article or (ii) the enactment of a new ordinance by the board. For purposes of this provision, "new" shall mean not previously operating as a pain management clinic within unincorporated Hernando County (at the same location where the certificate of use is sought) as of the effective date of this article.

(d) Beginning on the effective date of this article, the board hereby imposes a moratorium on the issuance of certificates of use, zoning approvals, (including building permits) and development approvals of any kind for the establishment, location or expansion of pain management clinics on any property located in unincorporated Hernando County for the shorter of (i) twelve (12) months from the effective date of this article or (ii) the enactment of a new ordinance by the board. However, this moratorium shall not apply to the issuance of a certificate of use for a pain management clinic in existence as of the effective date of this article and which has timely submitted a complete and unexpired application in accordance with subsection (a) above.

(Ord. No. 2012-7, § IV, 6-12-12)