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Waynesburg to look at zoning amendments

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WAYNESBURG – Waynesburg Borough Council agreed Monday night to amend the borough zoning ordinance to address the establishment of clinics and to make it difficult for certain clinics to locate in the downtown business district.

The action came as the result of local merchants’ opposition to a proposed new Suboxone clinic at Victoria Square at 95 E. High St.

Waynesburg Zoning Hearing Board is now hearing an appeal of a zoning permit issued to The Bridge into Wellness Center to open a Soboxone clinic in a suite in Victoria Square.

The borough code enforcement officer had issued the clinic a zoning permit, determining it complied with the zoning ordinance, under which a doctor’s office is a permitted use in a B-1 zoning district.

Merchants argued at a zoning hearing last week clientele of an existing Suboxone clinic down the street have caused problems and frighten customers.

They maintain such a clinic does not qualify as a doctor’s office. Though the Suboxone clinic will be staffed by a doctor, it will see many more patients in a day than a normal doctor’s office, they said.

The borough zoning ordinance, which was written years ago, does not address clinics or include even a definition of a clinic.

Kristy Vliet, speaking for the Waynesburg Merchants Guild, asked council to amend the ordinance to prohibit clinics in the downtown business district but to make them a permitted use in an area zoned for manufacturing.

Something has to be done to prevent more clinics from opening in the downtown, she said. “We all feel this has had a tremendous negative impact on our businesses,” she said.

Council agreed. Council President Larry Marshall said the borough solicitor would be asked to draft an amendment to the ordinance for council’s review at its next meeting.

“I recommend we don’t sit on this,” Councilman Brian Tanner added. “It’s something we should proceed with as quickly as possible.”

Council is currently re-writing the borough’s comprehensive plan, part of which will involve revising the zoning ordinance.

Brandi Rosselli of Mackin Engineering, which is assisting the borough with the plan, told council the steering committee is wrapping up work on the comprehensive plan and is now ready to begin work on zoning.

Updating the zoning ordinance could take 10 to 12 months, but council could address the issue regarding clinics much quicker with an amendment, she said.

Council agreed to move ahead with the amendment. Borough manager Mike Simms said that taking into account advertising and public comment requirements, an amendment could probably be adopted in two or three months.

Bill Hook, solicitor of the zoning hearing board, also attended the meeting on behalf of the board and made several suggestions regarding changes to the zoning ordinance.

He suggested the borough review the ordinance every few year to consider updating uses and definitions. “Uses change over time,” he said.

Though he did not discuss the current case before the board, Hook noted the ordinance does not address such uses as clinics, which were not an issue years ago when the zoning ordinance was adopted.

Another use that possibly might have to be taken into account, for example, would involve the legalization of medical marijuana, he said.

Hook also asked the borough to consider approving a new zoning permit application that would require more details from the applicant and informational hand-outs that could explain to an applicant what criteria he must address to obtain, for example, a variance or special exception.

Many residents who come before the zoning board don’t know what they have to do or what issues must be addressed, he said.

Marshall said council would welcome the board’s input on the ordinance. “We want to know what you need,” he said. “You should be telling us what you need.”

Hook also was asked to meet with Simms and Bryan Cumberledge, assistant borough manager, to prepare a new zoning application and the informational hand-outs for council’s review.

In other business, council accepted the resignation of borough solicitor Pat Fitch. Fitch has accepted a position as a Greene County assistant district attorney.

Council also hired two full-time police officers through the borough’s civil service process. The new patrolmen, Nicholas Rennie and Margaret Vorum-Leonard, are now employed as part-time officers.

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