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Home My WebLink About2013-08ORDINANCE 2013-08 ORDINANCE 2013-08 ORDINANCE AMENDING THE ZONING REGULATIONS REGARDING PAIN MANAGEMENT CLINICS WHEREAS, the Town Council of the Town of Pulaski, Virginia has considered it in the best interest of the public and determined it is consistent with the general welfare of the citizens to amend the zoning regulations regarding pain management clinics within the Town of Pulaski; and, WHEREAS, the Town Council of the Town of Pulaski, Virginia has considered the best interests of the community and its citizens and bases the following amendments to the Zoning Regulations and Zoning Ordinance upon the public necessity, convenience, general welfare and good zoning practices; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in special session this 18th day of June 2013, that the Zoning Regulations of the Town of Pulaski are amended as follows: (1) Section 1100 ("Definitions") of the Zoning Regulations is hereby amended by the addition of the terms as shown in Attachment A, affixed hereto and made expressly part of this ordinance. (2) The B-2 General Business District regulations are hereby amended by the addition of Section 410.3-15 and Section 410.7 as shown in Attachment B, affixed hereto and made expressly part of this ordinance. (3) Section 505 "Home Occupations" is hereby amended by the addition of Section 505.1- 8 as shown in Attachment C affixed hereto and made expressly part of this ordinance. This ordinance is effective upon adoption and is hereby adopted this 18t" day of June 2013 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H.M. Kidd -Aye Joseph K. Goodman -Aye James A. Radcliffe -Aye THE TOWN OF PULASKI, VIRGINIA ;/ ~ Je tG orrell, Mayor ATTEST: ~~ ~sr• ~? aAn Patricia Cruise, Clerk of Council Attachment A Ordinance 2013-08 Chronic Pain. A state in which pain persists beyond the usual course of an acute disease or healing of an injury or that may or may not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years. Chronic Nonmalignant Pain. Persistent pain that is not attributable to a life- threatening condition; alternate terms used include: chronic non-cancer pain, chronic non-cancer-related pain. Controlled Substances. (1) A drug which has been declared by federal or state law to be illegal for sale or use, but may be dispensed under a physician's prescription. The basis for control and regulation is the danger of addiction, abuse, physical and mental harm (including death), the trafficking by illegal means, and the dangers from actions of those who have used the substances; or, (2) any drug included and classified under The Controlled Substances Act of 1970, Title 11 of The Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 USC ~ 801 et seq. Hospice. means a coordinated program of home and inpatient care provided directly or through an agreement under the direction of an identifiable hospice administration providing palliative and supportive medical and other health services to terminally ill patients and their families as licensed by the Virginia Department of Health. A hospice utilizes a medically directed interdisciplinary team. A hospice program of care provides care to meet the physical, psychological, social, spiritual and other special needs which are experienced during the final stages of illness, and during dying and bereavement. Hospice care shall be available twenty-four hours a day, seven days a week. Hospice Facility. means an institution, place, or building owned or operated by a hospice provider and licensed by the Virginia Department of Health to provide room, board, and appropriate hospice care on a 24-hour basis, including respite and symptom management, to individuals requiring such care pursuant to the orders of a physician. Such facilities with 16 or fewer beds are exempt from Certificate of Public Need laws and regulations. Such facilities with more than 16 beds shall be licensed as a nursing facility or hospital and shall be subject to Certificate of Public Need laws and regulations. Medical Clinic. An establishment in which doctors, dentists, or other practitioners licensed by the Commonwealth of Virginia provide health care services to clients, including medical or health-related physical or massage therapy, counseling, diagnoses, or treatment, exclusively on an outpatient basis. "Medical clinics" provide outpatient care on a routine basis and may offer minor surgical care, but do not provide overnight care or serve as a base for an ambulance service. For purposes of this definition, "medical clinic" does not include "outpatient mental health and substance abuse clinics" or "pain management clinics." Pain. An unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage. Pain Management Clinic. Means any publicly or privately owned establishment: (1) that advertises or represents itself in any medium as providing any type of pain management services; or, (2) that has as its primary or exclusive treatment component the treatment of pain, chronic pain or chronic non-malignant pain; or (3) where a majority (50% or more) of patients receive pain management services that includes the use, prescription or dispensing of controlled substances. For purposes of this definition, the following facilities are not classified as pain management clinics: • A hospital or clinic licensed as a hospital by the Virginia Department of Health. • An outpatient clinic or facility operated by a hospital that is licensed by the Virginia Department of Health. • A hospital or clinic operated or maintained by the federal government or the Commonwealth of Virginia. • A facility affiliated with an accredited medical school or hospital licensed by the Commonwealth of Virginia at which training is provided for medical students, residents, fellows, nurses, nurse practitioners and potential health care licensees. • A facility that does not prescribe or dispense controlled substances for the treatment of pain. A hospice or hospice facility licensed by the Virginia Department of Health. A nursing home or long term care facility for the elderly, the disabled or infirm that is licensed by the Virginia Department of Health. • A rehabilitation center for surgical or orthopedic patients as licensed by the Commonwealth of Virginia. Pain Management Services. Medical treatments, therapies, protocols or care, including the distribution of controlled substances, that are used to prevent, control, reduce or stop pain sensations. Permanent Building. Means any structure having a roof supported by columns or walls, intended for the shelter, housing or enclosure of persons, animals and chattel, that is designed to not be moveable either to, or from its location on, real property. Attachment B Ordinance 2013-08 (1) Amendment to Section 410.3 "Special Exceptions" for the B-2 General Business District as follows: "410.3-15. Pain Management Clinics." (2) Amendment to Section 410 "General Business District B-2" as follows: "410.7 Additional Conditions for Special Exceptions for Pain Management Clinics Pain management clinics as a special exception shall be subject to the following conditions in addition to those required under Section 702.4-5 of the zoning regulations: • Pain management clinics shall not co-locate on the same parcel as a pre- existing pharmacy. • A pain management clinic shall not operate within 1,000 feet of a residential district; apre-existing pharmacy, school, day care center, day care home, nursing home, adult day care home, religious institution or another pain management clinic. • Pain management clinics shall be located within a permanent building. " Attachment C Ordinance 2013-08 Amendment to Section 505.1 "Special Requirements" (Home Occupations) as follows: Section 505.1-8. 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