Charlestown City Zoning Code
GENERAL PROVISIONS
§ 157.01 PURPOSE; AUTHORITY.
(A) The purpose of this chapter is to enact provisions amending and clarifying the Zoning Code for the City of Charlestown, Indiana (hereinafter the “city”). This chapter is intended to amend certain provisions of all other ordinances inconsistent herewith. The zoning designations in this chapter supercede previous zoning designations. This chapter is not intended to rescind the effects of any other ordinances, except as specifically stated herein. This includes, but is not limited to ordinances for protection and preservation of agricultural land.
(B) This chapter is adopted pursuant to I.C. 36-7-4-600 et seq. The zoning maps incorporated by reference herein and adopted hereby are also adopted pursuant to that authority.
(Ord. 2003-OR-14, passed 5-8-2003)
§ 157.02 ZONING MAPS.
Contemporaneously with the adoption of this chapter the Common Council is adopting a zoning map, consisting of two sheets, for the city, which are incorporated by reference herein.
(Ord. 2003-OR-14, passed 5-8-2003)
§ 157.03 LOCATION AND OPERATION OF CLINICS IN THE CITY.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLINIC. Pain management clinics and opiate addiction treatment clinics.
OPIATE ADDICTION TREATMENT CLINIC. Any privately-owned clinic, facility or office which advertises in any medium concerning the availability of the use of methadone, diskets, dolophine, methodose, buprenorphine or other substances as a maintenance treatment for opioid addiction or which employs a physician or osteopathic physician or who is primarily engaged in the treatment of opioid addiction by prescribing or dispensing substances controlled by federal and/or state law.
PAIN MANAGEMENT CLINIC. Any privately-owned clinic, facility or office which advertises in any medium concerning the availability of any type of pain management services or which employs a physician or osteopathic physician or 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) 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;
(b) A clinic where the majority of the physicians who provide services in the clinic primarily provide surgical services;
(c) A clinic that is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows;
(d) A clinic that does not prescribe or dispense substances controlled by federal and/or state law for the treatment of pain; or
(e) A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. § 501(c)(3).
(B) Location and additional restrictions. Clinics shall be located in areas of the city with a zoning map designation of IR and shall also be subject to the following additional regulations.
(1) Parking. Parking areas must be sufficient to simultaneously provide a parking spot to accommodate a vehicle for every employee of the clinic during any two abutting or overlapping shifts, plus one parking spot for the number of patients the building has the capacity to treat in any one day.
(2) Security cameras. A working video recording system shall be in place to survey the exterior of the clinic, which has sufficient capacity to accurately detect the make, model and license numbers of all vehicles entering and leaving the parking lot of the clinic. Recordings shall be preserved for a minimum of 30 days from the date first recorded.
(3) Security personnel. Each clinic shall have one on-duty person whose primary job is to oversee security and parking during all hours of operation to prevent loitering and to curb any potential illegal dealing in drugs.
(4) Loitering. Persons on premises of a clinic shall not loiter outdoors for more than five minutes before or after they arrive at the clinic, but shall be required to wait indoors.
(5) Distance from schools. Clinics shall not be located within 1,000 feet of any kindergarten, elementary school, junior high school or high school.
(Ord. 2016-OR-08, passed 2-15-2016)
§ 157.04 PROVISIONS SUBJECT TO OTHER LAWS.
This chapter does not supercede federal or state laws, statutes or regulations, except as allowed. As with other ordinances, any amendment to city zoning ordinances shall be subject to veto by the city executive only as permitted by law.