11-1344 Imposing Temporary Moratorium - Pain Management Clinics & Cash only pharmacies

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The extent to which the applicant has, prior to the Effective Date of this Ordinance, received City of Casselberry permits or approvals for the cash only pharmacy or pain management clinic. The extent to which the applicant has, prior to the Effective Date of this Ordinance, made a substantial expenditure of money or resources in reliance upon permits or other approvals of the City of Casselberry directly associated with the operation of the cash only pharmacy or pain management clinic. Whether the applicant, prior to the Effective Date of this Ordinance, has contractual commitments in reliance upon permits or other approvals of the City of Casselberry to operate the cash only pharmacy or pain management clinic. Whether the applicant, prior to the Effective Date of this Ordinance, has in reliance upon permits or other approvals of the City of Casselberry incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant cannot meet unless the cash only pharmacy or pain management clinic is permitted or allowed. Whether the moratorium will expose the applicant to substantial monetary liability to third persons; or would leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable investment backed expectation on the real property that is affected by this Ordinance, (f) At a minimum, the City Commission shall consider the following non - exclusive factors under the criteria set forth in subsection (e) above: The history of the property; The history of the commercial business or any use on the property. (g) At the conclusion of the Public Hearing and after reviewing the evidence and testimony placed before it, the City Commission shall act upon the request either to approve, deny, or approve in part and deny in part the request made by the applicant. SECTION 7. PENALTIES. (a) Any person, firm, corporation or agent who shall violate any provision of this Ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred.dollars ($500.00) or be imprisoned for a period not exceeding sixty (60) days. Either or both penalties may be imposed. Each day during which any violation occurs constitutes a separate offense. Ordinance 11 -1344 Page 6