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Nags Head approves text amendment to allow water‑dependent recreational uses in shopping centers, retaining carrying‑capacity limits
Summary
The Board approved a legislative text amendment to the Unified Development Ordinance allowing water‑dependent recreational uses (e.g., rentals, tours) to be considered within commercial mixed‑use developments in the Commercial Outdoor Recreation Overlay, while keeping the town’s carrying‑capacity cap of seven commercial rental operators and existing per‑vendor limits. Staff emphasized the change is legislative only; any operator would need a site‑specific special‑use permit and site plan review.
The Nags Head Board of Commissioners on Aug. 5 approved a legislative text amendment to Section 7.32 of the Unified Development Ordinance to allow water‑dependent recreational uses to be considered within commercial mixed‑use developments located in the Commercial Outdoor Recreation Overlay.
Planning and development director Kelly Wyatt told the board the amendment is purely legislative and would not itself approve any business or site plan. “Based on the carrying capacity study that was also included in your packet, that number has been at 7 businesses and it would remain at 7 businesses,” Wyatt said, stressing the amendment does not increase the town’s cap on commercial recreational operators or the current limit of eight personal watercraft per vendor.
Wyatt and staff framed the proposal as adding flexibility for how commercial property may be used while keeping the overlay boundary, vendor count and per‑vendor equipment limits unchanged. They emphasized that site specifics — parking, staging, fueling, equipment storage, docking and circulation — would be evaluated later through a required special‑use permit and site‑plan amendment so the board and planning board could assess safety and compatibility.
The applicant, identified in the packet as Suzanne Baer on behalf of BIPA, LLC, submitted the text amendment after discussions about a property at 7531 South Virginia Dare Trail (Caribbean Corners Shopping Center). Staff noted the request stemmed from that location but reiterated the hearing was for the ordinance text only, not for approval of any particular business at Caribbean Corners.
Commissioner [motion maker] moved to approve the amendment as presented and a second was recorded. The board voted to approve the amendment. The approval carries the condition that any business wishing to operate under the new allowance must complete the special‑use permit/site‑plan review process.
Why it matters: The amendment removes a regulatory restriction that previously prevented water‑dependent recreational operations from occupying units in commercial mixed‑use developments; proponents say it could increase flexibility for existing commercial properties and customer convenience, while opponents and staff stressed the importance of site‑level review to avoid conflicts over parking, circulation and equipment staging.
Next steps: Applicants seeking to establish a water‑dependent recreational use at a commercial mixed‑use site will be required to apply for a site‑specific special‑use permit and site‑plan amendment for planning board and board review.
