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HomeMy WebLinkAbout2012-OR-53 ORDINANCE NO. 2012 -OR- 53 BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA AN ORDINANCE REGULATING THE LOCATION OF PAIN MANAGEMENT CLINICS WHEREAS, the Common Council for the City of Jeffersonville ( "Common Council ") finds that the existing zoning laws and regulations do not adequately address the location and operation of pain management clinics within the City of Jeffersonville; and WHEREAS, the Common Council believes further regulation as to the location of new pain management clinics is necessary in order to limit or curb negative impacts created by these clinics, such as illegal prescription drug trafficking and sales of illegal drugs around the clinics, and loitering in areas surrounding the clinics; and WHEREAS, the Common Council finds that, due to the significant, potential negative impacts associated with certain pain management clinics, it is necessary to implement certain regulations as to the location of pain management clinics in the City of Jeffersonville; and WHEREAS, the Common Council finds that the adoption of this Ordinance is necessary in order to protect the public health, safety and welfare; NOW THEREFORE BE IT ENACTED by the Common Council for the City of Jeffersonville, Clark County, Indiana as follows: Section 1. Definitions: a. Chronic Nonmalignant Pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or for a period of more than 90 days after surgery. b. Pain Management Clinic means any privately owned clinic, facility, or office which advertises in any medium concerning the availability of any type of pain - management services or employs a physician or osteopathic physician or nurse who is primarily engaged in the treatment of pain by prescribing or dispensing substances controlled by federal and /or state law, but the term shall not include: • A clinic where the majority of the physicians who provide services in the clinic primarily provide surgical services; • A clinic that is owned by a publicly held corporation whose shares are traded on a national exchange or on the over - the - counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million; • A clinic that is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows; • A clinic that does not prescribe or dispense substances controlled by federal and /or state law for the treatment of pain; or • A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. s. 501(c)(3). For the purposes of this definition, a physician, including an osteopathic physician, is considered to be primarily engaged in the treatment of pain by prescribing or dispensing substances controlled by federal and /or state law when the majority of the patients seen by such physician are prescribed or dispensed a substance controlled by federal or state law for the treatment or purported treatment of chronic nonmalignant pain. Section 2. Location of Pain Management Clinics: a. A pain management clinic shall not be operated in any zoning district other than those districts that allow such businesses. b. A pain management clinic shall not be operated within 1,000 feet of: 1) A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities; 2) A public or private educational facility including, but not limited to, child care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds, but does include facilities primarily for another purpose and only incidental as a school. 3) A boundary of a residential district as defined in the City Zoning Code; 4) A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pools, reservoir, athletic field, basketball or tennis courts, pedestrian /bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation or management of the City park and recreation authorities. 5) The property line of a lot devoted to a residential use as defined in the City Zoning Code. 6) Any premises licensed pursuant to the alcoholic beverage control regulations of the State. c. A pain management clinic shall not be operated, established, substantially enlarged or transfer of ownership or control of a pain management clinic within 1,000 feet of another pain management clinic. d. No more than one (1) pain management clinic shall be operated, established or maintained in the same building, structure or portion thereof, or the increase of floor area any pain management clinic in any building, structure, or portion thereof containing another pain management clinic. e. For the purposes of subsection b of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a pain management clinic is located, to the nearest property line of the premises of a use listed in subsection b. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section. g. For the purposes of subsection c of this Section, the distance between any two (2) pain management clinics shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each pain management clinic is located. h. Any pain management clinic lawfully operating on the date this Ordinance is passed and adopted, that is in violation of subsections a through f of this Section shall be deemed nonconforming use. The nonconforming use will be permitted to continue. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. SO ORDIANED this 5 day of /V Bbt- c&eA.., 2012, by the Common Council of the City of Jeffersonville, Clark County, Indiana. .�f / , .. i �> G/ /, Ali. EdZastawny, Presiding Officer and Council President A EST: .teir ,70,d14- Vicki Conlin Clerk i ° �.,J " �� Presented by as Clerk to the Mayor of said City of Jeffersonville at m. on this '/ day of `T 4 orrn,hu^ . 2012. i 'dx4cp Vicki Conlin C ‘ 9( 1 /, ei fel Clerk Approved and signed by me at m. on this I day of ° Ni` 2012. ' Mike Moore, Mayor Vetoed by me at . on this day oi 2012. _AIN" Mike Moore, ayor