TO: Community Economic Development Advisory Board
FROM: Lori Barnes, AICP, CPM
Deputy Director, Development Services Department
TITLE: Discussion and Possible Action Regarding the Unified Land Development Code, Section 3.2.3.B. Non-Residential Uses in Corridor Districts (Limitation on Hours of Operation)
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Recommended Action
Direct staff to prepare and submit a communication to the City Commission conveying the Community Economic Advisory Board’s recommendation to amend the Unified Land Development Code (ULDC) to remove the hours of operation limitation in CT and COR zoning districts.
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:
Section 3.2.3. Standard Districts Use Standards B. Non-Residential Uses in Corridor Districts. Business activity and deliveries in CT and COR are prohibited between 10 pm and 5 am. No waivers shall be granted to alter hours of operation.
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 zoning districts. (Only one project (Dollar General) was constructed in NC districts between 2015 and October 28, 2024).
Ordinance 2015-05 Neighborhood Commercial Zoning Districts - February 23, 2015
• 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 thereby reducing the functional acreage of land available in the city for non-residential development and hampering the Economic Development Division’s and the City’s ability to meet the goals, objectives and policies of the Economic Development Element and the Economic Development and Growth Management Pillar Strategic Vision Plan priorities adopted by the City Commission.
Strategic Plan
Economic Development and Growth Management Pillar
Attachments:
1. Standard Zoning Districts Use Table
2. Economic Development Element
3. Economic Development and Growth Management Pillar