Ordinance 2015-46 ORDINANCE NO. 15—46
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS,
INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE —
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05
AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO
ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH
FUEL PUMPS; SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS; SECTION 5.05.11 CARWASHES
ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION
THREE, CONFLICT AND SEVERABILITY; SECTION FOUR,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE; AND SECTION FIVE, EFFECTIVE DATE.
RECITALS
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the second amendment cycle for the
calendar year 2014; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and •
WHEREAS, all requirements of Resolution 97-177 have been met; and
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on March 10, 2015 and June 23, 2015 and July 7, 2015, and did
take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 2.A: AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * *
Automobile service station: Facility with fuel pumps: means any establishment that sells,
distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive
repair services or includes a convenience store. See fuel pump definition. Any commercial or
industrial facility wherein the retail sale of gasoline conducted. Where the sale of gasoline is
provided only as a "secondary function," such as a retail establishment (i.e. grocery store or
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structures and site related to the fuel facility will be considered an automobile service station.
* * * * * * * * * * * * *
Fuel pump: Also known as a "fueling position," means any self-service or full-service device
used for the sale of fuel for motor vehicles. A single fuel pump is a fuel pump that can serve only
one vehicle at a time. The number of pumps on a single device is determined by the maximum
number of vehicles that can be serviced at the same time. For example, a fuel dispensing
device that can fuel two vehicles at once is considered two fuel pumps, and two fuel dispensing
devices that can fuel four vehicles at once is considered four fuel pumps, and so on.
* * * * * * * * * * * *
SUBSECTION 2.B: AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE
STATIONS
Section 5.05.05 Automobile Service Stations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.05 Automobile Service Stations 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 service
stations 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.
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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 - - e--: - - - facilities with 500
fuel pumps (ft.) (based on distance between nearest points)
Minimum setbacks, all structures:
Front yard (ft.) 50
Side yard (ft.) 40
Rear yard (ft.) 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:
Whether the nature and type of natural or manmade 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 service station 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.
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 station facility with fuel pumps sells food,
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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:
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
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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.
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.
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f. Under-canopy luminance shall be between a minimum average of 5 foot-
candles and a maximum average of 20 foot-candles.
24. Signage for facilities with fuel pumps. The
following are the only signs allowed in facilities
with fuel pumps and convenience stores with gas pumps fuel pumps.
a. Window, Wall, and other signs: As allowed in LDC Ssection 5.06.00-$f
this Codc.
b. All canopies may have an 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 and accent striping 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 gas 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
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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) 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.
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.
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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.
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.
D-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 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
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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
(3' ) 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) gallon, 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. Side property boundaries (other than those adjacent to rights of way)
shall be planted with single row hedges consistent with the minimum
requirements of section 1.06.00, Landscaping and Buffering.
b. Rear property boundaries (other than those adjacent to road rights of
way) shall be planted with a single row hedge. The hedge shall be a
a. Landscaping adjacent to all other property lines shall comply with the
requirements in LDC section 4.06.02.
c-b. Curbing shall be installed and constructed, consistent with minimum code
requirements, between all paved areas and landscape areas.
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ILLUSTRATION 1
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-7 11. t 114`F,,
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V for■M■■OrNEMIEM I�i�rnialiaii i■M �c"�
4 11 e,
\ I ...� ---PALM (TYP.) 1:4111
— 7 ,l,)a
25' WIDE 1 CANOPY .
` I•
BUFFER I .,
O .g ,l
C �a e
I �3:1 BERM 0 3' HT. 'I
DOUBLE ROW @ 20' MAX ^xoi I
10' MIN '1" DISTANCE BETWEEN TREES k�i��
FROM 4 „ ' OW °
EDGE 0 PAVEMENT ."e, .. `i DISTANCE �01
BETWEEN
CLUSTERS 10' MAX {�Ao
SPACING I
BETWEEN
3 `"�'"`;a ' i1 * s r� PALMS
DI ■
BUFFER :' �.. `- x.- y„: r
\ ellif . „K. '' iliiii�11�F4r%r
El R.O.W.
SHRUB & MAX
GROUND SPACING
COVER BETWEEN
EDGE TREES MIN. 3 PALMS PER CLUSTER
AT PAVEMENT ENTRANCES
AUTOMOBILE CERVICC STATION
ALL
PREPARED BY:OFFICE OF GRAPHICS AND TECHNICAL SUPPORT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE.6/2004 FRE:LDC-2004-2.DWG
Illustration 1. Facilities with Fuel Pumps R.O.W. Landscape
Requirements
E. Automobile service station sites shall be separated from adjacent residentially zoned
or residentially developed properties by an architecturally designed 6 foot high masonry
wall or fence utilizing materials similar in color, module, and texture to those utilized for
the building. Landscaping shall be planted on the residential side of the fence or wall.
F. Lighting.
1. All lighting facilities shall be directed away from adjoining properties.
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2. On site luminaries shall be of low level, indirect diffuse type, and shall not exceed
3. Lighting located underneath a canopy shall be of low level, indirect diffuse type
y
G. All restrooms shall be located side or to the side or rear of the building.
H. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated
with the design of the service station shall be provided.
I--F. Storage tanks shall be located below grade.
J-G. There shall be no outside displays of products, stacking of tires, or other merchandise.
K-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.
L. Color accent banding on gasoline canopy structures and all other structures is
prohibited. Canopies shall be of one (1) color, consistent with the predominant color of
the principal structure, if applicable. The color of all structures on site shall be of soft
arth tones or pastels.
AA 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.
N-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.
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.
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8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service
station customers, -- .- - - - - - - - - - - • - --- - - --
principal business operation.
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 an 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 ccrvicc station facility with fuel pumps or if the vehicles have
been towed by the service station 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.
9K. 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 F-C. — M-J. or any
other applicable development standard shall apply to existing automobile
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service stations facilities with fuel pumps pursuant to the provisions of
9.03.00 Nonconformities, and all other applicable sections of the Land
Development Code.
* * * * * * * * * * * *
SUBSECTION 2.C: AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 Architectural and Site Design Standards
* * * * * * * * * * * * *
D. Design Standards for specific building uses.
* * * * * * * * * * * * *
4. Automobile service stations Facilities with fuel pumps.
a. Applicability. In addition to the requirements of LDC Section 5.05.05
A ■ _• __ - - .-- _ _ _• Facilities with fuel pumps, all standards
established in this section are applicable_ with the following additional
requirements:
ii. Under canopy lights-must be fully recessed.
iii. Canopies must not be higher than 16 feet clear.
* * * * * * * * * * * *
SUBSECTION 2.D: AMENDMENTS TO SECTION 5.05.11 CARWASHES ABUTTING
RESIDENTIAL ZONING DISTRICTS
Section 5.05.11 Carwashes Abutting Residential Zoning Districts, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
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5.05.11 Carwashes Abutting Residential Zoning Districts
A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not
be allowed.
B. Minimum yards.
1. Front yard setback: fifty (50) feet.
2. Side yard setback: forty (40) feet.
3. Rear yard setback: forty (40) feet.
C. A carwash shall not be located on a lot with less than 150 feet of frontage on a
dedicated street or highway.
D. Minimum lot size is 18,000 square feet.
E. If a carwash, vacuum station, or compressed air station abuts a residential district, a
masonry or equivalent wall constructed with a decorative finish, six (6) feet in height
shall be erected along the lot line opposite the residential district and the lot lines
perpendicular to the lot lines opposite the residential district for a distance not less than
fifteen (15) feet. The wall shall be located within a landscaped buffer as specified in
section 4.06.00. All walls shall be protected by a barrier to prevent vehicles from
contacting them.
F. The building shall maintain a consistent architectural theme along each building
façade.
G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control
Ordinance [Code ch. 54, art. IV].
H. The washing and polishing operations for all car washing facilities, including self-service
car washing facilities, shall be enclosed on at least two sides and shall be covered by a
roof. Vacuuming facilities may be located outside the building, but may not be located in
any required yard area.
I. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m.
* * * * * * * * * * * *
SECTION THREE: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the existing Land Development Code (LDC) or Growth Management Plan
(GMP), the applicable provisions of the existing LDC or GMP shall prevail. In the event this
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Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 7th day of July, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
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fittest as t " tiiil'tnl� y Clerk TIM NANCE, Chairman
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Aprgved.as;to:firm and legality:
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with the
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Heidi Ashton-Cicko, Esquire MarYy oof r -'s� ',itizt
Managing Assistant County Attorney
and acknowledgem�rp��{ that
04-CMD-01077/1703(6/29/15)
fill.. r c8ive. this''(( �� day
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Page 16 of 16
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa L. Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-46, which was filed in this office on July 8, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.tl.us