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After debate over corridor optics, commission advances zoning change to allow pain‑management clinics in B3 with strict conditions

City Commission of New Smyrna Beach · August 13, 2024
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Summary

The commission voted to advance Ordinance 44‑24 on first reading, allowing pain‑management clinics as a special exception in the B3 district subject to strict requirements: MD/DO oversight, interventional spinal procedures only, appointment‑only operation, no on‑site dispensing of narcotics, and registration with the Department of Health where required.

On Aug. 13 the commission advanced Ordinance 44‑24 on first reading, a zoning text amendment to allow pain‑management clinics in the B3 Highway Service Business District as a special exception under stringent conditions.

Staff and the Planning & Zoning Board designed the criteria to prevent the return of ‘‘pill‑mill’’ style operations: clinics must be administered by a licensed medical doctor (MD) or doctor of osteopathic medicine (DO); offer interventional spinal injection therapies supervised by credentialed physicians; operate by appointment only with no walk‑ins; and must not dispense narcotics on the premises. The applicant worked with staff on the proposed conditions and the planning board recommended approval.

Commission debate centered on corridor optics and signage. Some commissioners and residents said allowing the use broadly across B3 districts could create an undesirable public image if signage reading "Pain Management Clinic" proliferates along major corridors. Supporters — including licensed clinicians who testified — said interventional pain management is a physician‑led specialty and not a pill mill.

The commission approved the ordinance on first reading; second reading and a public hearing are scheduled for Aug. 27.