Sec. 59-G-2.36. Medical practitioners' office for use of other than a resident of the building.

   (a)   In all residential zones other than specified in Subsection (b) below, one or more offices of not more than 2 full-time medical practitioners may be permitted, provided that:

      (1)   The exterior of the premises is not changed or altered in appearance;

      (2)   Not less than 50 percent of the floor space of the building is devoted to residential uses;

      (3)   Office space suitable for the practice of the profession is unavailable in either the nearest commercial zone or the nearest medical clinic office building constructed according to a special exception grant;

      (4)   Additional medical specialists are not employed more than an aggregate of 40 hours per week and there are never more than 2 medical professionals, whether general practitioners or medical specialists, in such office on any one day. In consideration of an application for part-time medical specialist, the Board must consider the total number of employees and the total number of patients at any one time;

      (5)   The maximum number of nonprofessional support staff must be determined by the Board, taking into account the impact on neighboring residences of the resultant parking and traffic;

      (6)   Such use will not constitute a nuisance because of noise, traffic or physical activity; and

      (7)   Such use will not tend to affect adversely the use and development of neighboring properties and the general neighborhood.

   (b)   In the R-H, R-10, R-20 and R-30 zones, one or more offices for one or more medical practitioners may be permitted provided, that:

      (1)   The exterior of the building presents an appearance consistent with the character of the neighborhood;

      (2)   The proposed use will not adversely affect surrounding residential uses because of noise, lighting, traffic or physical activity;

      (3)   No office shall be located on a floor above the highest ground level entrance and the interior office entrance shall be located so as to minimize distance from the exterior entrance;

      (4)   Reserved;

      (5)   Off-street parking spaces shall be provided as required in article 59-E of this chapter which shall be in addition to those spaces required for the residential portion of the building and shall be specifically designated for the use of the patients of the medical practitioners.

(Legislative History: Ord. No. 8-87, § 1; Ord. No. 10-32, § 18; Ord. No. 10-44, § 1; Ord. No. 11-67, §11; Ord. No. 12-1, § 1; Ord. No. 13-76, §1; Ord. No. 14-47, § 1.)

   Editor’s note—In Grand Bel Manor Condominium v. Gancayco, the Court cited § 59-G-2.36 and analyzed the effect of § 59-G-2.36 in relation to § 59-E-3.7, holding that a waiver of § 59-E-3.7 does not serve as a waiver of § 59-G-2.36.

   Cross reference-Hospitals, sanitariums, etc., ch. 25.