Town of Nags Head
Planning and DevelopmentPost Office Box 99Telephone 252-441-7016
DepartmentNags Head, North Carolina27959FAX 252-441-4290
MEMORANDUM
TO:Board of Commissioners
FROM:Planning Board and Planning and Development Staff
DATE:February 19, 2003
SUBJECT:Request for public hearing to consider zoning text amendments of various sections of the zoning ordinance pertaining to medical offices
Frequently staff has encountered difficulties in applying the zoning ordinance’s regulations that pertain to doctors’ offices and medical clinics. The difficulties seem to stem mostly from the following:
- The zoning ordinance contains references to separate terms for medical uses that are very similar; health clinic, medical clinic and doctor and dentist office.
- The only distinction between health clinics and medical clinics in the zoning ordinance is a prohibition on helicopter landing pads for health clinics.
- The two distinctions between a doctor or dentist office and a medical clinic are the number of practitioners in the building and the parking requirement for each use.
- The medical clinic definition considers a building with more than 2 practitioners a medical clinic. This definition does not have an allowance for multiple doctors sharing office spaces on or rotating schedules.
- The Nags Head Ordinance’s reliance on the number of practitioners to distinguish a clinic from a doctor’s office appears to be outside the norm. Staff consulted many North Carolina zoning ordinances and found no such distinctions between any medical uses.
- The Town’s parking requirement for medical clinics which is based on the number of doctors in the building is equally unusual. Typically, ordinances assign parking for medical uses by gross square footage, similar to the standard for business offices. The usual standard found was one space for every 300 square feet of gross floor area.
In order to improve the clarity, effectiveness, and organization of the ordinance as it pertains to the regulation of medical uses, staff has proposed the attached zoning text amendments for the Board’s consideration. If these amendments are adopted:
- all references to medical or health clinics would be deleted and replaced with the term medical office.
- The parking standards for medical clinics and doctors offices will be standardized to one (1) space per licensed health care provider, 1 space per staff member and 1 space for every 300 square feet of gross floor area.
- The ordinance would relieve the Town of the enforcement responsibility of keeping track of the number of doctors in a building or office.
- Medical clinics would be deleted as a conditional use in the R-3 High Density Residential zoning district, but will remain a conditional use in the SED-80 Special Environmental District zoning district.
- Also, a provision for illuminated medical clinic signs has been deleted in favor requiring medical office signage to comply with the requirements applicable to commercial signs.
If the proposed amendments described above are adopted they will effect the following sections of the zoning ordinance:
Section 22-153
Section 22-251
Section 22-254
Section 22-255
Section 22-304
Section 22-307
Section 22-308
Section 22-352
Section 22-403
Section 22-851
Section 22-834
Planning Board Recommendation:
On February 18, 2003 six of the seven Planning Board members present voted to recommend approval of the attached zoning text amendments proposed by staff. Paula Flynn cast the opposing vote because she did not agree that the parking standard for medical uses needs to include an additional requirement for doctor and employee parking spaces.
Staff’s recommended text amendments are attached for review and consideration.
CNG
DRAFT #1; 1/27/2003; Staff
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA
BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:
PART I.That Section 22-153 Definition of Specific Words and Terms be amended by amending the following term to read as follows:
DIALYSISCENTER. A building or structure or portion thereof in which persons with impaired kidney function have toxins removed from their blood on a periodic basis through the use of dialysis machines. Application of the term shall be limited to facilities staffed routinely by nurses and/or technicians and not by a doctor. (See medical clinic office.)
PART II.That Section 22-153 Definition of Specific Words and Terms be amended by amending the following term to read as follows:
MEDICAL CLINIC OFFICE. A building or structure or portion thereof where medical services are provided by three (3) or more doctors or practitioners for out-patients only persons receive outpatient medical examinations, treatments, and procedures from licensed practitioners. This definition shall include doctors and dentists offices, and the offices of any other licensed and/or certified health care providers.
PART III.That Section 22-153 Definition of Specific Words and Terms be amended by deleting the term HEALTH CLINIC and its definition.
PART IV.That Section 22-251 Off-Street Parking and Loading Requirements, subsection (d) (3) b. be amended as follows:
b. Institutional Uses / Required ParkingMedical clinic or health clinic office / Ten (10) parking spaces minimum, plus five (5) parking spaces for each doctor assigned One (1) parking space for every three hundred (300) square feet of gross floor area of each building or portion thereof devoted to medical use, plus one (1) parking space for each employee and for each doctor.
PART V.That Section 22-251 Off-Street Parking and Loading Requirements, subsection (d) (3) d. Retail or Office Uses be amended by deleting Doctor or dentist office and the associated parking requirement.
PART VI.That Section 22-254 Regulations Governing Signs and Outdoor Advertising Structures, subsection (c) (1) b. Directional Signs be amended as follows:
b.Directional signs. Directional signs, provided such signs shall be neatly painted and maintained, shall only convey directional information to a noncommercial establishment and shall not be lighted except as provided below.
1.Temporary real estate directional signs, not exceeding two (2) square feet in area, directing the way to premises which are for sale, rent or lease are permitted, provided such signs shall be neatly painted or printed and shall be removed promptly when the property has been sold, rented or leased.
2.Directional signs not over four (4) square feet in area indicating the location of churches, schools, hospitals, parks, scenic or historic places, or other places of general interest. Such signs shall not exceed three (3) feet in total height.
3.A medical clinic shall be permitted to have illuminated directional sign(s) attached to the principal building, provided the total sign area shall not exceed sixteen (16) square feet.
43.Directional sign(s) at municipal parks, playgrounds, and governmental (federal, state, local) facilities, not over twelve (12) square feet in sign area indicating the location of offices, parking areas, recycling stations, and other facilities shall be permitted. The signs may be illuminated in accordance with Section 22-255.
PART VII.That Section 22-254 Regulations Governing Signs and Outdoor Advertising Structures, subsection (c) (1) g. be amended as follows:
g.Medical clinic office sign. One (1) freestanding sign per site, permanently located on the ground, which may be illuminated, and shall not exceed twenty-four (24) square feet in sign area, shall be permitted for a medical clinicoffice. Any such sign and mounting shall not exceed ten (10) feet in total height.
PART VIII.That Section 22-255 Outdoor Lighting, subsection (h) (1) b. be amended as follows:
b.Medium levels of activity include, but are not limited to the following uses: retail, indoor recreational use, retail shopping center, hotel, medical and health clinics offices, drug store, home center, child day care center, municipal complex, indoor assembly, hospital,restaurant.
PART IX.That Section 22-304 R-3 High Density Residential District, subsection (c) Conditional Uses be amended by deleting subsection (8) Medical clinics in its entirety.
PART X.That Section 22-307 C-2 General Commercial District, subsection (b) (1) be amended as follows:
(1)Offices, including:
a.Business.
b.Dialysis center.
c.Financial.
d.Governmental.
e.Health clinic.
f.Medical and professional.
g.Professional.
PART XI.That Section 22-308 C-4 Village Commercial District, subsection (b) (3) be amended as follows:
(3)Offices including:
a.Business.
b.Financial.
c.Governmental.
d.Medical and professional.
e.Professional.
PART XII.That Section 22-352 SED-80 Special Environmental District, subsection (d) (6) be amended as follows:
(6)Medical and dental professional offices, dental clinics and nursing homes, and convalescent homes provided that all such uses shall be located in that area as is now designated or may hereafter be designated for such uses by the Town of Nags Head pursuant to Chapter 1160 of the Session Laws of 1973 of the North Carolina General Assembly as amended, subject to the following:
a.A minimum lot area of eighty thousand (80,000) square feet shall be required for each principal building on the site.
b.Lighting shall be the minimum amount that may be required for security purposes and shall be in accordance with section 22-255 of this chapter.
c.Along the side and rear property lines, a twenty-five-foot-wide undisturbed area of natural vegetation shall be provided.
d.An evacuation plan shall be provided and shall be subject to review by the Town of Nags Head.
PART XIII.That Section 22-352 SED-80 Special Environmental District, subsection (d) (7) be amended as follows:
(7)Medical clinic office. Medical clinics offices shall be located in that area as is now designated or may hereafter be designated for such uses by the Town of Nags Head pursuant to Chapter 1160 of the Session Laws of 1973 of the North Carolina General Assembly as amended, subject to the following:
a.Medical clinics shall meet the heliport requirements of subsection 22-304(c)(9)a.
a.b.Lighting shall be the minimum amount that may be required for security purposes and shall be in accordance with section 22-255 of this chapter.
b. c.Along the side and rear property lines, a twenty-five-foot-wide undisturbed area of natural vegetation shall be provided.
PART XIV.That Section 22-403 Buffer Regulations, subsection (b) (3) be amended as follows:
(3)High impact uses. High impact uses are particular uses of land, which considered as a whole because of their peculiar or operational and physical characteristics are expected to have an adverse effect on adjoining or adjacent properties. High impact uses include, but are not limited to:
a.Attended car wash.
b.Automobile service stations and automobile repair garages.
c.Banking institutions.
d.Concrete processing facilities.
e.Health clinic and medical clinic.
f e.Hospitals and heliports in conjunction with medical clinics.
g f.Hotels and motels.
hg.Junkyards.
h.Medical offices.
i.Mini-storage facilities, trade centers.
j.Municipal public works facilities.
k.Municipal parks, playgrounds and facilities.
l.Non-profit/outreach center with aquatic fitness facility.
m.Nursing homes.
n.Commercial outdoor recreation uses, including miniature golf courses, commercial swimming pools, tennis courts, sport-climbing walls, and fishing piers, boat rental establishments.
o.Private clubs.
p.Sexually oriented businesses.
q.Restaurants, including drive-in and drive-through restaurants.
r.Retail shopping centers.
s.Retail store(s) greater than ten thousand (10,000) square feet gross floor area.
t.Trade centers.
u.Veterinary clinics and kennels.
v.Any accessory use serving the above, including parking; the permanent or temporary storage of vehicles associated with the use; the loading, unloading, or storage of merchandise or material; service areas or docks; or the storage or collection of refuse.
PART XV.That Section 22-851 Commercial 1 District, subsection (b) be amended as follows:
(b)Permitted uses.
(1)Community shopping mall.
(2)Regional shopping mall.
The following uses enclosed within a building, including office, institutional, recreation, retail, service and wholesale are permitted by right: (Manufacturing and/or repair shall be allowed if related to the principal uses below, but any such use involving manufacturing or repair shall be a maximum of five thousand (5,000) square feet in floor area.)
(3)Automobile sales and rental, auto sales display space shall be in an enclosed building.
(4)Bakery and delicatessen.
(5)Business and vocational school.
(6)Reserved.
(7)(6) Clinic and mMedical laboratory.
(8) (7)Financial institution.
(9) (8)Greenhouse and plant nursery.
(10) (9)Home center. A retail outlet carrying products for home improvements, remodeling maintenance, decorating, home care, recreational leisure and related needs, including hardware, appliances, lumber and other building materials, but only in such amounts as will meet the need for self-pickup individuals, do-it-yourself customers, and not amounting to a lumber yard or building material storage yard from which deliveries are made to commercial customers. All materials and products must be enclosed and roofed on all sides. If a building is used in connection with such center, the building may serve as a buffer on one (1) or more sides. The home care center shall be fenced on all sides not abutting a building to a height of six (6) feet. Such construction shall be done in a manner so that there is no visible display of the materials and other matter stored within such center from the outside of such center. A buffer zone of at least two and one-half (2 1/2) feet from all property lines to all buildings, parking areas and drives shall be maintained.
(11) (10)Indoor recreational facility.
(12) (11)Newspaper printing and publishing, job and commercial printing.
(13) (12)Office, including business, financial, governmental, medical and professional.
(14) (13)Personal service establishment, including barber and beauty shop, shoe repair shop, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shop with processing on the premises.
(15) (14)Production and repair facility for eyeglasses, hearing aids, and prosthetic devices.
(16) (15)Restaurant and drinking establishment.
(17) (16)Retail establishment, including the incidental manufacturing, repair or service of goods on the premises, retail sales, display rooms, and wholesale and distribution operations in connection with a retail establishment.
(18) (17)Theater.
(19) (18)Veterinary establishment and commercial kennel, provided that all animals shall be kept in soundproofed, air conditioned buildings.
Exterior storage and sales areas ancillary to the uses above shall be allowed if screened from exterior public rights-of-way on the rear and side property lines, and from adjacent residential areas.
The uses permitted herein for incidental manufacturing and/or repair or service are permitted only where no obnoxious odors, aromas, fumes, or loud noises, or other side effects created which would be detrimental to the health, safety and welfare of the surrounding businesses.
PART XVI.That Section 22-834 Hotel District, subsection (b) Permitted Uses be amended as follows:
(b)Permitted uses.
(1)Hotel.
(2)Motel.
(3)Motor lodge/motor inn.
(4)Hotel condominium.
(5)Offices including business, financial, government, medical and professional.
(6)Restaurant.
(7)Retail uses with a maximum allowable gross square footage of ten thousand (10,000) square feet.
(8)Health clinic.
(9)Customary accessory uses and structures, including birth centers with health clinics medical offices and commercial and recreational facilities associated with a hotel, i.e., bath and tennis club, restaurant, and gifts/specialty shop.
PART XVII.All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
PART XVIIIThis ordinance shall be in full force and effect from and after the ____ day of ______, 2003.
Robert W. Muller, Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Date adopted:
Motion to adopt by Commissioner
Motion seconded by Commissioner
Vote:AYESNAYS
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