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Exhibit DD LDC 2016 Section 5.05.05 Page 1 5.05.05 - Facilities with Fuel Pumps A. The purpose of this section is to ensure that facilities with fuel pumps do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with facilities with fuel pumps, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of facilities with fuel pumps. B. Site design requirements. 1. Table of site design requirements: Minimum dimensions: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent facilities with fuel pumps (ft.) (based on distance between nearest points) 500 Minimum setbacks, all structures: Front yard (ft.) Side yard (ft.) Rear yard (ft.) 50 40 40 2. Waiver of separation requirements. a. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of a facility with fuel pumps is separated from another facility with fuel pumps by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. Page 2 ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. b. The Administrative Code shall establish the submittal requirements for a facility with fuel pumps waiver request. The request for a facility with fuel pumps waiver shall be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional facility with fuel pumps in the desired location. c. Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the facility with fuel pumps with the surrounding area and the goals and objectives of the GMP. C. Building architecture, site design, lighting, and signage requirements. 1. Building architecture shall meet the requirements of LDC section 5.05.08 in addition to the following requirements: a. All structures on-site shall be of a consistent design and color scheme. b. Canopy standards: i. Columns must be at least eighteen (18) inches wide on all sides. ii. Under-canopy lights must be fully recessed. iii. Canopies must not be higher than sixteen (16) feet clear. iv. Canopy standards. a) Canopy roofs shall be consistent with the architectural design and features of the principal structure. b) The eave fascia of the canopy shall be of one (1) color, consistent with the predominant color and scheme of the principal structure. Color accent banding on canopy structures is permitted through the Deviations and Alternative Compliance process established in LDC section 5.05.08. c) One of the following shall be applied to the canopy roof or eave fascia: i) Canopy roofs shall provide a slope ratio of 4:12 or higher. A minimum of two roof-edge or parapet line changes are required and shall create three distinct sections. One roof edge or parapet line change shall be provided for every 75 linear feet of the canopy length. Each change shall be a minimum of 20 percent of the canopy length. ii) The eave fascia shall have a projection or recess with a minimum depth of three feet, and a minimum total width of 20 percent of the eave fascia length. One change is required for every 75 linear feet of the canopy length. v. See canopy signage standards in LDC section 5.05.05 C.4, below. 2. Site design standards. a. A dumpster enclosure shall be provided as established in LDC section 5.03.04 and integrated with the design and color scheme of the facility with fuel pumps. Page 3 b. Trash receptacle(s) shall be provided at a convenient location on-site to facilitate litter control. c. All restrooms and ATMs shall be located inside the principal structure. 3. Lighting standards. a. All light fixtures shall be directed away from neighboring properties. b. On-site light fixtures shall not exceed a height greater than twenty (20) feet above finished grade. c. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of 5 foot-candles. d. All light fixtures shall be full cutoff with flat lenses. e. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. f. Under-canopy luminance shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 4. Signage for facilities with fuel pumps. The following are the only signs allowed in facilities with fuel pumps and convenience stores with fuel pumps. a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise accent lighting and back lighting are prohibited on canopy structures. Color accent banding on canopies may be approved as established in LDC section 5.05.05 C.1.b.iv.(b), above. c. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. Said sign shall be consistent with the color scheme and architectural design of the principal structure. d. Signage is prohibited above fuel pumps. D. Supplemental standards for facilities with fuel pumps within 250 feet of residential property. Facilities with fuel pumps shall be subject to the following standards when located within 250 feet of residentially zoned or residentially developed properties, hereinafter referred to as "residential property," as measured from the property line of the facility with fuel pumps to the residential property line. However, a facility with fuel pumps shall be exempt from LDC section 5.05.05 D when it is separated from residential property by a minimum of 100 feet of designated preserve area that is 80 percent opaque and at least 12 feet in height within one year, or a minimum 4-lane arterial or collector right-of-way. 1. Setbacks. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). 2. Landscaping and masonry wall standards. a. Facility with fuel pumps sites shall be separated from residential property by a thirty (30) foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) Page 4 feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. 3. Music, amplified sound, and delivery time standards. a. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b. Music and amplified sound shall not be audible from the residential property line. c. Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. 4. Lighting standards. a. On-site lighting. i. All light fixtures shall be directed away from neighboring properties. ii. On-site light fixtures within fifty (50) feet of residential property shall not exceed a height greater than fifteen (15) feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than twenty (20) feet above finished grade. iii. All light fixtures shall be full cutoff with flat lenses. iv. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of 5 foot-candles. v. Illumination shall not exceed: a) 0.5 foot-candles at all residential property lines; and b) 0.2 foot-candles at ten (10) feet beyond all residential property lines. b. Under-canopy lighting. i. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. ii. Under canopy luminance shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 5. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. 6. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations abutting residential zoning districts. E. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right-of-way buffer landscaping: a. Landscaping adjacent to rights-of-way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty-five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum Page 5 average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. c. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the right-of-way buffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty-five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one-half (3½) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (10) gallons, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 2. Landscaping adjacent to all other property lines: a. Landscaping adjacent to all other property lines shall comply with the requirements in LDC section 4.06.02. b. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. Page 6 Illustration 1. Facilities with Fuel Pumps R.O.W. Landscape Requirements F. Storage tanks shall be located below grade. G. There shall be no outside displays of products, stacking of tires, or other merchandise. H. No facility with fuel pumps shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. I. Each facility with fuel pumps shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies. J. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. Page 7 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for customers. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at a facility with fuel pumps do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. A facility with fuel pumps is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the facility with fuel pumps or if the vehicles have been towed by the facility with fuel pumps and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. K. Exceptions: 1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not apply to, nor render non-conforming, any existing facility with fuel pumps or any facility with fuel pumps within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in LDC section 5.05.05 C. - J. or any other applicable development standard shall apply to existing facilities with fuel pumps pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. (Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.JJ; Ord. No. 13-56, § 3.S; Ord. No. 15-46, § 2.B)