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Zoning Restrictions Applied to Pain Clinics

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Reviewed Date: February 23, 2012

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

Pain clinics

Zoning Restrictions Applied to Pain Clinics

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

Knowledgebase-Zoning Restrictions Applied to Pain ClinicsFrom: Hardy, William P (Pat)
Monday, February 06, 2012 4:13 PM
'Sid Hemsley'
FW: Pain Clinics


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.


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