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Zoning Restrictions Applied to Pain Clinics

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Reviewed Date: February 23, 2012

Original Author: 
Hardy, Pat
Co-author: 
Hemsley, Sid
Date of Material: 
Feb 7, 2012


Subjects:
Pain clinics
Zoning

Zoning Restrictions Applied to Pain Clinics

Summary: 
MTAS was asked whether pain clinics can be excluded from a community.

Knowledgebase-Zoning Restrictions Applied to Pain ClinicsFrom: 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.


Attachment(s):

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Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information posted to this website.