TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Discussion and Possible Action Regarding the Unified Land Development Code, Section 3.2.3.B. Non-Residential Uses in the Corridor Transitional (CT) and Corridor (COR) Zoning Districts Limitation on Hours of Operation.
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Recommended Action
Option 1: Direct staff to prepare an Ordinance amending Section 3.2.3.B of the Unified Land Development Code (ULDC) to remove the hours of operation limitation in the Corridor Transitional (CT) and Corridor (COR) zoning districts.
City Commission Options
Option 1: Direct staff to prepare an Ordinance amending Section 3.2.3.B. of the Unified Land Development Code (ULDC) to remove the hours of operation limitation in the Corridor Transitional (CT) and Corridor (COR) zoning districts.
• Pros:
o Expands real estate options for businesses wishing to locate in North Port, providing for future commercial investment and increased ad-valorem tax revenue.
o Eliminates potential legal exposure.
o Provides for the convenient location of goods and services proximate to end users.
o Eliminates the need for additional Code Enforcement Division resources to enforce the regulation.
o Allows enforcement of noise impacts by the Police Department per Chapter 46, Article II., Division 2 of the Code of the City of North Port.
• Cons: There are no identified disadvantages to removing the hours of operation limitation in the CT and COR zoning districts.
Option 2: Decline proceeding with an Ordinance amending Section 3.2.3.B. of the ULDC.
• Pros: There are no identified advantages to retaining the hours of operation limitation in the CT and COR zoning districts.
• Cons:
o Discourages future commercial investment just as the restriction has already contributed to stagnation in past zoning districts with similar rules (i.e., North Port’s now-retired Neighborhood Commercial zone).
o Exposes the City to potential legal challenges based on unconstitutionality of the regulation.
o Provides for continued location of goods and services further away from end users, increasing transportation trip length and straining the transportation network.
o Retains a regulation that will result in a need for additional Code Enforcement Division resources.
Background Information
On June 3, 2024, during the final City Commission Workshop to review the draft ULDC preceding adoption of the regulations on August 6, 2024, there was consensus amongst the Commissioners to limit hours of operation for businesses in CT and COR zoning districts as follows:
Ø “To prohibit any delivery or operations of any type of activity between the hours of 10 pm and 5 am in the COR and CT zoning district.”
The staff prepared draft ULDC did not include business hours limitations in any zoning district, for the following reasons:
• Permissible uses in CT and COR districts were carefully selected and limited to less intense businesses to minimize conflicts with existing residential development.
• Compatibility standards for new development on parcels zoned CT and COR are incorporated in the ULDC, such as enhanced buffers and transitional height design requirements.
• Outcomes observed with similar limitations adopted for the former Neighborhood Commercial (NC) zoning districts. Only one project, Dollar General located at 3085 W. Price Blvd., was constructed in Neighborhood Commercial districts between 2015 and October 28, 2024.
Ordinance 2015-05 Neighborhood Commercial Zoning Districts - February 23, 2015
Sec. 53-179. - Permitted principal, accessory, and special exception uses and structures. A. Permitted principal uses and structures. Permitted principal uses and structures shall be permitted as follows. All commercial uses listed shall be conducted within completely enclosed buildings, unless exempted herein, and shall be accessible to patrons walking or driving to the site and shall hold hours of operation (including deliveries) no earlier than 5:00 a.m. to no later than 10:00 p.m. A waiver as described in Section 53-7C(2) shall not be permitted for operation beyond the hours listed above.
• Limiting business hours of operation is inconsistent with the Comprehensive Plan Economic Development Element and the Strategic Vision Plan.
Since November of 2024, the Economic Development Division has been contacted regarding several potential businesses/developments in the CT or COR districts, including restaurants and fraternal organizations who have opted not to locate or relocate to these zoning districts due to the restrictive hours. This limitation will likely result in the same failures as the former Neighborhood Commercial restrictions. As a result, it would reduce the functional acreage of land available in the City for non-residential development and hinder the Economic Development Division and the City from meeting the goals, objectives and policies of the Economic Development Element and the Economic Development and Growth Management Pillar of the Strategic Vision Plan.
On April 15, 2025, the Community Economic Development Advisory Board reviewed this item and passed the following motion unanimously:
Ø “Recommend approval to the City Commission to extend operational hours for select commercial businesses in Corridor Transitional (CT) and Corridor (COR) Districts.”
On June 2, 2025, at a Commission Workshop, this item was presented resulting in City Commission consensus:
Ø “To direct the City Manager to bring back recommendations for adjusting the current Unified Land Development Code corridor and transitional corridor districts to include additional educational data regarding unintentional business prevention.”
Additional Information for November 4, 2025:
The uses allowed by right, allowed with approved special exception, and prohibited were carefully selected for the corridor zoning districts to minimize conflicts with nearby residential development. Any use showing “SE” requires City Commission approval through which conditions may be imposed, uses marked “X” are not allowed.
Throughout the ULDC preparation and associated workshops, adjustments to the uses were made by staff and the City Commission. The attached Use Table Changes document provides additional information; note that CT and COR were being called MX-1 and MX-2 at the time. Additionally, at the final workshop, Commission directed the following changes:
Ø Auto dealers and boats from permitted to SE in Corridor district.
Ø Animal hospital - Corridor - permitted in corridor.
Ø Industrial, heavy - Corridor - change to prohibited in Corridor.
Ø Light industrial, and medical testing and lab - Change to SE in both Corridor districts.
Ø Sexually oriented businesses - Prohibit in COR.
The result of those careful considerations is there are only 28 non-residential permissible primary uses allowed by right in CT and 43 in COR all of which are generally low intensity uses compared to some allowed in Commercial and Activity Centers. Comparatively, there are about 54 in the Commercial district. Additionally, compatibility standards were incorporated into the ULDC for properties zoned to higher intensity under Ordinance 2024-13 to help minimize any impact to adjacent residential. These coupled with the City’s noise ordinance should provide for harmony between the businesses and residents in these transitional areas.
Additionally, Economic Development staff has prepared an hours of operation report detailing standard hours of operation for certain businesses allowed in the CT and COR districts. The report demonstrates that the hours restrictions for these zoning districts are significantly more restrictive than industry norms both within Florida and nationally and will discourage future commercial investment just as the restriction has already contributed to stagnation in past zoning districts with similar rules (i.e., North Port’s now-retired Neighborhood Commercial zone).
Finally, the Florida Attorney General opinion (AGO) regarding the extent of municipal police power to regulated closing hours of certain businesses (see AGO 77-139) concludes that the constitutionality of business hours restrictions is a question subject to judicial determination. Laws restricting businesses may not be an unwarranted government interference nor unreasonable, arbitrary or capricious. According to the AGO a greater number of courts have found business hour regulations invalid. Moreover, “A number of courts have held, even if the municipality can show that crime control and other problems result when a certain business operates on a 24-hour basis, that regulation of business hours cannot be upheld.” A business hours restriction based on concerns of potential issues that are not supported by verified data applicable to a particular type of business would not survive judicial determination. Therefore, Staff recommends eliminating the business hours restrictions from the CT and COR zoning districts.
Strategic Plan
Economic Development and Growth Management Pillar
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. CT and COR All Uses
2. Use Table Changes
3. Noise Ordinance Specific Prohibitions
4. Hours of Operation Report
5. AGO 77-139
6. Economic Development Element
7. Economic Development and Growth Management Pillar
8. 06-03-24 Workshop Minutes
9. 04-15-25 CEDAB Meeting Minutes
10. 06-02-25 Workshop Minutes
Prepared by: Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director