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Board denies townwide text amendment to reduce building separation from 20 to 10 feet

Nags Head Board of Commissioners · September 3, 2025
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Summary

The Nags Head Board of Commissioners voted to deny a townwide text amendment that would have reduced the required building separation in the Unified Development Ordinance from 20 feet to 10 feet for accessory buildings, following staff and planning-board recommendations to retain the existing standard.

The Nags Head Board of Commissioners on Sept. 3 denied a proposed townwide change to the Unified Development Ordinance that would have reduced the required separation between multiple commercial buildings from 20 feet to 10 feet for buildings accessory to a principal commercial use.

Planning and development director Kelly Wyatt told the board the 20-foot separation has existed in the town's regulations since the 1970s and is intended "to prevent the appearance of large strip style buildings," preserve Nags Head's small-scale character and allow landscaping and light between structures. Staff and the planning board both recommended denial. "Reducing this to 10 feet would undermine the objectives and could set a precedent that's inconsistent with our design standards," Wyatt said during the public hearing presentation.

Commissioners questioned whether the standard applies to accessory structures, how the 3:1 length-to-width rule interacts with the separation requirement, and the interplay between zoning and building/fire codes. Wyatt explained the ordinance now applies the commercial-design standards to accessory buildings larger than 500 square feet and said the applicant was not present to clarify a site-specific intent.

After discussion, a commissioner moved to deny the amendment, the motion was seconded and the board voted to approve the denial. The vote was recorded by voice; individual roll-call tallies were not specified in the hearing record. The planning board had unanimously recommended denial at its July meeting.

What happens next: the text of section 10.86.2.4.2 of the Unified Development Ordinance remains unchanged and any applicant seeking a reduction must pursue site-specific relief or return with more detailed justification for a targeted amendment. The board signaled interest in more focused planning-board review rather than a blanket code change.