Knowledgebase-Zoning Restrictions Applied to Pain Clinics


Information Product

Title:Zoning Restrictions Applied to Pain Clinics
Summary:MTAS was asked whether pain clinics can be excluded from a community.
Original Author:Hardy, Pat
Co-Author:Hemsley, Sid
Product Create Date:02/07/2012
Last Reviewed on::02/23/2012
Subject:Pain clinics; Zoning
Type:General
Original Document: Zoning Restrictions Applied to Pain Clinics.pdf

Reference Documents: Zoning Restrictions Applied to Tattoo Parlors public (1).docxZoning Restrictions Applied to Tattoo Parlors public (1).docx

Text of Document: From: Hardy, William P (Pat)
Sent:
Monday, February 06, 2012 4:13 PM
To:
'ekershaw.lkh@comcast.net'
Cc:
'Sid Hemsley'
Subject:
FW: Pain Clinics

Ed,

I checked with MTAS Attorney Sid Hemsley in Knoxville about pain clinics. He opined that you cannot exclude them from a community but you can guide their location via zoning. If a clinic is already in place (or in your case a building already purchased and thus a significant investment already made), you cannot require them to move, assuming they are currently in compliance with existing zoning regulations. If you pass a new zoning ordinance in the future it will only apply to clinics locating after that point. The current clinic is considered a “Pre-existing, non-conforming” use and must be allowed to stay in their current location. I have attached a letter Sid wrote which touches on this issue.

Please let me know if you need anything else.