Every part of every yard shall be open and unobstructed from the ground up by any structure, except as follows:

A.

Accessory Structures

On any lot, accessory structures other than fences and walls are not permitted within front or side yards. They may be located within rear yards not less than ten (10) feet from any property line. They may also be located within any portion of the building area except that portion lying streetward of: a) a line extending across the face of the principal structure nearest the street, or b) a line fifty (50) feet from and parallel to the street right-of-way line, whichever is nearest the street.

B.

Fences, Walls and Hedges

Except where regulated elsewhere in these Regulations or other ordinances of the Town of Pierson, fences, walls and hedges may be permitted in any required yard or along the edge of any required yard as follows:

1.

Fences and walls of solid-face construction are permitted not exceeding four (4) feet in height along front lot lines and along that portion of side lot lines which extends from the front lot line to the front building line; and not exceeding six (6) feet in height along that portion of side lot lines that extend from the front building line to the rear lot line and along rear lot lines.

2.

Hedges are permitted not exceeding four (4) feet in height along front lot lines and along that portion of side lot lines which extend from the front lot line to the front building line, except corner lots when the height on the two (2) street lines is not to exceed three (3) feet; and not exceeding eight (8) feet in height along that portion of side lot lines that extend from the front building line to the rear lot line and along rear lot lines.

C.

Off-Street Parking Spaces in Yards

In all zoning classifications, off-street parking spaces may be located in yards to the extent permitted by Section 6.4.10 and in compliance with Section 5.6.5, C.

D.

Breezeways and Porte Cocheres

Breezeways and porte cocheres are permitted in front and rear yards. No breezeway or porte cochere shall be permitted to extend or project to within fifteen (15) feet of any street right-of-way line. A clear space of not less than nine (9) feet shall be provided below all such structures. Breezeways may be designed so that they provide for a covered entrance into any building provided, however, that such breezeways shall not be designed so as to be considered as, or function as, an outdoor covered patio area. In addition, no porte cochere shall be designed so as to be considered as, or function as, a carport.

E.

Screened Swimming Pool Enclosures

Any swimming pool enclosure which consists of screening on at least three (3) or more sides shall be considered as an accessory building for the purposes of these Regulations, except that such screened swimming pool enclosure may be attached to an integral part of the principal building itself.

F.

Outdoor Covered Patio Area

Outdoor covered patio areas at finished grade may be attached to the principal building provided such outdoor covered patio areas are located within the rear yards and are completely open on all sides not adjacent to the principal building. Any other outdoor covered patio area which is attached to the principal building, or any patio area which is fully enclosed and attached to the principal building, shall be subject to all the requirements of these Regulations for principal buildings. Any fully enclosed patio area which is not attached to the principal building shall be considered as an accessory building and subject to all of the requirements of these Regulations for accessory buildings.

G.

Building Overhangs

1.

Sills or belt courses may project up to twelve (12) inches into a required yard.

2.

Movable awnings may project up to three (3) feet into a required yard except that where such yard is less than six (6) feet in width such projection shall not exceed one-half the width of the yard.

3.

Chimneys, fireplaces or pilasters may project up to two (2) feet into a required yard.

4.

Fire escapes, stairways and balconies which are not covered or not enclosed may project up to five (5) feet into a required front or rear yard, or up to three (3) feet eight (8) inches into a required side yard.

5.

Hoods, canopies or marquees may project up to three (3) feet into a required yard, but shall not be closer than one (1) foot to any lot line.

H.

Accessory Structures for Automobile Service Stations

Accessory structures for automobile service stations may be located in yards to the extent permitted by Section 5.6.7.

I.

Residential Design and Appearance Standards

All Single-family residences, modular homes and duplexes shall comply with the following design and appearance standards:

1.

The minimum roof pitch of roofs shall be a four (4) inches of vertical rise for each twelve (12) inches of horizontal run.

2.

Roof material shall be either ceramic, concrete or slate tiles, wood shakes, asphalt, synthetic or composite shingles or metal roofing panels. Corrugated metal or corrugated fiberglass roof materials are prohibited.

3.

Exterior siding shall be one (1) or a combination of materials such as brick, stone, stucco, clapboard or clapboard-simulated vinyl or metal, wood shingles, shakes, or similar material (no smooth, ribbed, or corrugated metal, fiberglass, or plastic). The siding must extend to the ground level, or to the top of the foundation when a solid concrete or masonry perimeter foundation is used.

4.

The minimum width of the primary structure shall be twenty-four (24) feet.

5.

Building facades visible from a public street shall recess or project each window at least two (2) inches from the façade or incorporate window trim that are at least four (4) inches in width with colors that contrast with the base building color.

In any A-1 or RR zoning district, any parcel or lot may be subdivided to allow transfer of each resulting lot to an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel or lot to said individual, notwithstanding the minimum lot size requirement for the A-1 or RR zoning district in which the property is located. However, under no circumstances shall the subdivision of a parcel or lot under this provision result in any parcels or lots smaller than one-half (½) acre.

On any corner lot, no structure or shrubbery shall obstruct vision between three (3) and ten (10) feet in height above the centerline grades of adjacent streets within a triangular area formed by the intersecting street right-of-way lines and a straight line joining those right-of-way lines at points located twenty-five (25) feet from the intersection of those rights-of-way lines.

The Development Code Administrator may relax restrictions of this section or impose additional restrictions upon the height or location of structures and shrubbery where such structures or shrubbery are deemed to constitute an impairment to visibility that is conducive to traffic safety hazards.

Two (2) or more principal uses shall be permitted on any single lot in any B-1 and B-2 district, provided the entire area on which the uses are to be established is under single ownership, and provided each such use shall meet the minimum requirements for off-street parking, loading and unloading facilities, and shall meet the minimum lot and building requirements for the district in which the property is located. In all other zoning classifications, only one (1) principal structure may be erected or constructed on a single lot.

The following regulations shall apply where landscaped buffers or off-street parking areas are required:

A.

Plant Materials

All required plant materials shall be Florida No. 1 grade, or better, according to the current "Grades and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, except where in the discretion of the Development Code Administrator natural vegetation is adequate to provide the necessary visual screening.

1.

Trees. Tree species shall be a minimum of six (6) feet in height immediately after planting. Palms shall be considered trees. Also, trees planted within twelve (12) feet of publicly-maintained streets or other public improvements shall be selected from a "List of Trees" available at the Town Building Department.

2.

Shrubs and Hedges. Shrubs and hedges shall be a minimum of two (2) feet in height, immediately after planting. Plants shall be spaced no more than three (3) feet apart measured from center to center.

3.

Ground Covers. Ground covers may include any plant materials that reach an average height of not more than twelve (12) inches. They may be used in lieu of grass. Ground covers must present a finished appearance and provide reasonably complete coverage at time of planting.

4.

Lawn Grass. Grassed areas shall be planted with any species of grass common to Central Florida. They may be sodded, plugged, sprigged or seeded, except that sod is required in swales and other areas subject to soil erosion. Unless sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

B.

Landscaped Buffer Area

Where a landscaped buffer area is required, the following regulations shall apply:

1.

A landscaped buffer area shall be established along the entire length of, and contiguous to, any property line. It shall be not less than eight (8) feet in width measured at right angles to the property line and landscaped with any combination of the plant materials described in Section 5.6.5, A. and other materials such as stone, gravel or mulch.

2.

When a landscaped buffer area abuts any residential district, it shall include a visual screen constructed of plant materials or a decorative screening wall or fence.

3.

If plant materials are used for screening, they shall be selected and located to provide, at the time of planting, a visual barrier that is at least three (3) feet above the average ground level of the buffer area, and capable of reaching a height of six (6) feet. Such planting may be placed on an earthen berm to achieve the required height.

4.

If a decorative wall or fence is used for screening, it shall be six (6) feet high. If a masonry wall is used, the top two (2) feet shall be no more than fifty percent (50%) solid, and shrubs or vines shall be planted abutting such wall on the street side, at a planting interval of no more than ten (10) feet.

C.

Landscaping of Off-Street Parking Areas

Required off-street parking areas having off-street parking spaces for more than eight (8) vehicles, shall have interior landscaped areas covering ten percent (10%) of the total off-street parking area, excluding any required landscaped buffer areas. A portion of the interior landscaped area shall be located at the ends of each row of interior parking spaces not abutting the perimeter of the parking area. Those landscaped row ends shall have a minimum area of one hundred (100) square feet with no width less than six (6) feet and no length less than seventeen and one-half (17.5) feet if it abuts one parking space, or thirty (35) feet if it abuts two parking spaces. Interior landscaped areas, other than those at row ends, shall have a minimum area of seventy-five (75) square feet with no dimension less than six (6) feet. Two (2) feet of these landscaped areas may be part of the required depth of each abutting parking space, provided wheel stops or curbs are used to protect them.

Each landscaped area shall include at least one (1) tree. The remaining area shall be landscaped with shrubs less than four (4) feet high, grass, ground cover, or other materials, such as stone, gravel or mulch. All trees shall be clear of branches for the first five (5) feet of height above the ground.

Where the strict application of this subsection will seriously limit the function of the parking area, the required landscaping may be located near the perimeter of the paved area.

D.

Irrigation System

A workable underground irrigation system shall be installed in any area required to be landscaped.

E.

Landscape Plan

When landscaped areas are required by these Regulations, a landscape plan shall be submitted with the application for a site development plan approval. The plan shall indicate the type, size, and location of plant materials and shall include plans and specifications for an irrigation system. No building permit shall be issued by the Development Code Administrator for any structure until the plan is approved by the Town Council.

F.

Maintenance

Where landscaped areas are required by these Regulations the owner or his tenant or agent, if any, shall be jointly and severally responsible for maintenance. Required landscaped areas shall be maintained in a healthy, neat, and orderly condition as indicated on the approved site plan, and shall be kept free from refuse or debris.

G.

Guarantee of Installation of Improvements

No Certificate of Occupancy shall be issued by the Development Code Administrator until the landscape and irrigation improvements shown on the approved landscape plan are installed.

The following uses or structures are permitted as special exceptions only when listed or permitted as special exceptions in Section 5.5 and meet the requirements set forth below and in Article X.

A.

Child Care Centers are permitted as special exceptions, provided:

1.

They are designed and constructed according to the standards adopted pursuant to F.S. § 402.30 et seq., and Section 10C-10.20 et seq., Florida Administrative Code.

2.

Access is provided directly from one of the Town's major thoroughfares such that traffic generated by the child care center will not be directed through any single-family residential area.

B.

Houses of Worship are permitted, provided:

1.

No principal or accessory building shall be located less than fifty (50) feet from any property line.

2.

Unless waived by the Town Council, off-street parking areas meeting the requirements of Sections 6.4.10 and 5.6.5, C., and landscaped buffer areas meeting the requirements of Section 5.6.5 shall be constructed.

3.

Access is provided directly from one of the Town's major thoroughfares such that traffic generated by the house of worship or cemetery will not be directed through any single-family residential areas.

C.

Public Utility Uses and Structures are permitted as special exceptions, provided:

1.

Unless waived by the Town Council, a landscaped buffer area meeting the requirements of Section 5.6.5 is required.

D.

Golf Courses, Country Clubs, Swim Clubs, Tennis Clubs, and Similar Recreational Uses are permitted as special exceptions, provided:

1.

The total lot area covered with principal and accessory buildings shall not exceed fifteen percent (15%).

2.

No dwelling units shall be provided on the premises, except for living quarters for a resident manager, watchman or caretaker. Those living quarters, if any, shall be constructed as part of the principal building.

3.

No principal or accessory building, swimming pool or tennis court shall be located less than fifty (50) feet from any lot line.

4.

All artificial lights shall be directed away from adjoining properties.

5.

Unless waived by the Town Council, off-street parking areas meeting the requirements of Sections 6.4.10 and 5.6.5, C., and landscaped buffer areas meeting the requirements of Section 5.6.5 shall be constructed.

E.

Schools (Parochial or Private) are permitted as special exceptions, provided:

1.

No principal or accessory building shall be located less than fifty (50) feet from any property line.

2.

Unless waived by the Town Council, off-street parking areas meeting the requirements of Sections 6.4.10 and 5.6.5, C., and landscaped buffer areas meeting the requirements of Section 5.6.5 shall be constructed.

3.

Access is provided directly from one of the Town's major thoroughfares such that traffic generated by the school will not be directed through any single-family residential area.

F.

Nursing Homes, Boarding Houses, and Adult Congregate Living Facilities are permitted as special exceptions, provided:

1.

Maximum residential occupancy shall not exceed thirty (35) residents per acre.

2.

No principal or accessory building shall be located less than forty-five (45) feet from any property line.

3.

Unless waived by the Town Council, off-street parking and loading areas meeting the requirements of Sections 6.4.10 and 5.6.5, C., and landscaped buffer areas meeting the requirements of Section 5.6.5 shall be constructed.

G.

Mini-Warehouses are permitted as special exceptions, provided:

1.

They shall be limited to dead storage use only. No activities such as miscellaneous or garage sales shall be conducted on the premises. The servicing, repair, sale, exchange or distribution of any goods, materials, equipment or vehicles shall not be conducted on the premises. The operation of a mini-warehouse shall in no way be deemed to include a transfer and storage business where the use of a vehicle is part of such business.

2.

Minimum yard requirements shall be the same as for any permitted principal structure in the district in which the mini-warehouse is located.

3.

No advertising signs shall be permitted on the premises except those identifying the nature of the mini-warehouse business itself; and such sign(s) shall be permitted only in accordance with Article X.

H.

Reserved.

I.

Residential Cluster Subdivisions are permitted as special exceptions, provided:

1.

The project area shall be a minimum of three (3) acres.

2.

The minimum lot size shall be sixty-five hundred (6,500) square feet.

3.

Dimensional requirements for lots and buildings shall be as provided in the R-3 classification.

4.

Common open space shall be provided in an amount equal to the sum of the area by which each lot is reduced below the minimum size otherwise permitted in the applicable zoning classification.

5.

Common open space shall be permanently dedicated to residents of the project area or to the general public for environmental preservation or recreational use, whichever is determined by the Town Council at the time of subdivision approval to be most appropriately related to the goals, objectives and policies of the Town's Comprehensive Plan. The method of dedication and provisions for maintenance of the common open space shall be approved by the Town Council upon recommendation of the Town Attorney.

J.

Animal hospitals are permitted as special exceptions, provided:

1.

No structures pens, kennels or boarding kennels shall be located closer than fifty (50) feet from any property line.

2.

None of the above structures shall be located closer than five hundred (500) feet from any residential property line.

3.

Open kennels shall be screened from view.

K.

Community Residential Homes are permitted as special exceptions, provided:

1.

They conform to existing zoning regulations applicable to other uses in the zoning district.

2.

They meet applicable licensing criteria established and determined by the Florida Department of Health and Rehabilitative Services, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

3.

Placement of the community residential home at the proposed location would not result in such a concentration of community residential homes that the nature and character of the area would be substantially altered. A home that is located within a radius of twelve hundred (1,200) feet of another existing community residential home in a multi-family zoning district shall be an over-concentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of five hundred (500) feet of an area of single-family zoning substantially alters the character of the area.

4.

All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

L.

Accessory Mobile Homes for Farmworkers and Security Personnel, provided:

1.

A bona fide agricultural operation does exist on the premises; and the mobile home is to be used only for residency by a person or persons employed on the premises and family members.

2.

No mobile home used for such residency by farmworkers or security personnel shall be closer than fifty (50) feet to any other dwelling unit.

3.

No mobile home used for such residency by farmworkers or security personnel shall be closer than one hundred (100) feet to any property line of the premises on which it is placed.

4.

Potable water and sewage disposal facilities shall be in compliance with all applicable provisions of Florida Law.

5.

If not already in existence, a visual screen of native plant materials meeting the requirements of Section 5.6.5, located between the dwelling(s) and all adjoining property lines shall be planted and maintained.

6.

The area between the ground and the floor of the mobile home shall be enclosed with skirting.

7.

There is a demonstrated need for farmworkers or security personnel to reside on the premises. The applicant shall provide information to the Development Regulations Administrator describing the nature of the agricultural operation on the premises and demonstrating that need.

8.

No more mobile homes shall be permitted on the premises than are needed to accommodate farmworkers and/or security personnel actually employed on the premises. In no case shall the number of dwelling units on the premises, including the principal dwelling and accessory mobile homes, exceed one (1) per acre. However, the mobile homes may be clustered on the premises.

M.

Fern Packing House, provided:

1.

No principal or accessory building shall be located less than seventy-five (75) feet from any property line.

2.

Unless waived by the Town Council, off-street parking areas meeting the requirements of Sections 6.4.10 and 5.6.5, C., and landscaped buffer areas meeting the requirements of Section 5.6.5 shall be constructed.

3.

The servicing, repair, sale, exchange or distribution of any goods, materials, equipment or vehicles, except for those directly related to the receipt, processing and distribution of ferns and other ornamental horticultural products, shall not be conducted on the premises.

N.

Home Occupations, provided:

1.

Only the following types of occupations may be permitted as home occupations:

a.

Arts and crafts;

b.

The giving of instruction or training to one (1) person at a time, e.g., art and music instruction;

c.

Repair of small appliances, electronic equipment, clocks and watches, jewelry, bicycles, and similar items, but not including motor vehicles, lawn mowers, major appliances, boats and boat motors;

d.

Fabrication of articles commonly classified as handicrafts;

e.

Business and professional services, including accounting, law, architecture, engineering, urban planning, financial planning, and similar services;

f.

Personal services;

g.

Any occupation which utilizes telecommunications or postal/package delivery services as the principal means of interacting with clients and customers;

2.

A home occupation shall not be conducted in any accessory building.

3.

Only persons who reside in the dwelling unit shall be employed or act as an independent contractor in said dwelling unit permitted as a home occupation. Other employees or independent contractors of the home occupation may be permitted provided that said persons do not assemble upon the premises for the purpose of conducting business.

4.

The home occupation shall be clearly incidental and subordinate to the residential use, and shall under no circumstances change the residential character of the dwelling.

5.

The floor area devoted to the home occupation shall not exceed fifteen percent (15%) of the floor area of the dwelling.

6.

There shall be no change in the outside appearance of the premises. Home occupations may permit one (1) non-illuminated, on premises sign, not exceeding two (2) square feet in area.

7.

All storage of materials or supplies used in the home occupation shall be done in enclosed buildings and within the space limitations in subparagraph 5 above. No products shall be displayed on the premises.

8.

No equipment shall be used in the home occupation which creates fire hazards, electrical interference, noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or mobile home. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off premises.

9.

No vehicular traffic shall be generated by the home occupation in greater volumes than would normally be generated by the dwelling unit. Said volume of traffic shall not exceed five (5) trip ends per dwelling unit per day. The Town Council may allow as a condition of the requisite Special Exception, a volume of traffic greater than that typically generated by the dwelling unit. Notwithstanding any provisions to the contrary, no more than two (2) vehicles associated with the home occupation may be kept on the premises. Any need for parking generated by the conduct of the home occupation shall be met off the street.

10.

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

11.

Any violation of these conditions shall constitute grounds for revocation of the special exception permit.

O.

Bed and Breakfast Homestays, provided:

1.

The structure occupied by the Bed and Breakfast Homestay shall be classified as a single-family dwelling. The external appearance of the B&B structure and building site shall maintain the general residential character of the surrounding neighborhood. Exterior building materials, bulk, landscaping, fences and walls, and general design shall be similar to those of surrounding single-family residential dwellings. No B&B shall occupy more than one (1) principal building.

2.

The owner or manager shall live on the premises.

3.

Separate toilet and bathing facilities for the exclusive use of guests shall be provided.

4.

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be thirty (30) days in a twelve (12) month period.

5.

Cooking facilities shall be approved by the County Health Department. Cooking shall be for guests and residents only. No cooking facilities shall be allowed in guest bedrooms.

6.

Neither hired receptions nor parties shall be permitted in Bed and Breakfast Homestays located in residential zoning districts.

7.

Bed and Breakfast Homestays shall comply with appropriate health permits, building and fire codes, and business licenses, including but not limited to a license from the Florida Department of Business Regulations, Division of Hotels and Restaurants applicable to such use.

8.

In addition to the parking required for the residence, one (1) parking space shall be provided for each guest room. The Planning Commission may vary the parking requirement based on site constraints including, but not limited to, small yards and inadequate space for parking, so long as off-street parking is available. Guest parking shall not be permitted between the street and the principal structure. Use of tandem parking (one (1) car parked directly behind another may be permitted.

9.

Signs shall be used for identification purposes only, and shall conform with the provisions of Article X (Signs).

10.

The maximum number of rooms for guests shall be as follows:

11.

The special use permit is non-transferable.

12.

The minimum distance between ACLFs shall be one thousand two hundred (1,200) feet measured in a direct line between properties.

13.

To assist in the administration of these Regulations, no B&B shall be allowed to operate within the Town without having first obtained an occupational license. The Development Regulations Administrator shall maintain a registration list and location map of all existing and new B&Bs. ¹

P.

Accessory Dwelling Units

1.

Purpose

The intent and purpose of this section is to allow accessory dwelling units to be permitted in any zoning classification that permits single-family homes as a special exception. It is also the intent and purpose of this section to create regulatory framework that encourages the development of accessory dwelling units. Pierson adopts the view that it is necessary to allow the permitting of accessory dwelling units in order to increase the availability of affordable dwelling units to the local market.

a.

Accessory dwelling units are intended to provide additional housing that is incidental to a primary single-family use. Accessory dwelling units are intended to be used as a necessary tool to increase the supply of affordable housing, elderly and disabled care units close to family members and caretakers, and/or workforce housing. Accessory dwelling units are unique housing tools that provide for infill development with low environmental impacts that can connect to existing infrastructure.

b.

With rising housing costs, accessory dwelling units capitalize on the prominence of the single-family home in Pierson by providing additional family members or other people access to a dwelling units on the same lot. Creating a regulatory atmosphere that encourages increasing the number of accessory dwelling units will have a positive impact on our community's housing supply and on the property rights of homeowners.

c.

These standards are devised to ensure that the development of accessory dwelling units do not cause negative impacts on the character or stability of Pierson's neighborhoods.

2.

Definitions

a.

"Accessory Dwelling Unit" means an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area existing within the same structure, or on the same lot, as the primary dwelling unit. The accessory dwelling unit may be a separate and detached unit, an attached unit to the principal structure, an apartment over a garage, or a similar structural form.

b.

"Lot Requirements" means restrictions on lot size, setbacks, building coverage, and similar zoning requirements.

3.

Criteria

a.

Accessory dwelling units are to be permitted as accessory uses to owner-occupied single-family homes.

b.

The owner must occupy either the principal or accessory dwelling unit.

c.

No more than one (1) accessory dwelling unit shall be allowed on any residential lot or within any principal nonresidential structure.

d.

An accessory dwelling unity may be constructed with or after the construction of the primary unit.

e.

The accessory dwelling unit shall be subordinate to the principal building as to size, location, height, square footage, and building coverage.

f.

The design of the accessory dwelling unit shall be uniform, compatible, or complementary in appearance to the primary residence including roof pitches, eaves, building materials, windows and trim.

g.

Entrances of attached accessory dwelling units shall be on the side or rear of the building façade only. Entrances of detached accessory units shall face towards the street or toward the interior of the lot.

h.

One (1) parking space shall be provided for the exclusive use of the accessory dwelling unit. This space is in addition to the parking spaces required for the primary dwelling.

i.

The primary dwelling unit and the accessory dwelling units shall be served by one common driveway connecting the units to a public or recognized private roadway.

j.

The floor area of the accessory dwelling unit shall be no less than three hundred (300) square feet and no greater than one thousand two hundred (1,200) square feet.

k.

All accessory dwelling units shall meet the zoning classification lot requirements in which they are located. Total building coverage on the lot shall not exceed district standards. The accessory dwelling unit shall comply with the requirements of all applicable building codes.

l.

Accessory dwelling units are exempt from density calculations provided the applicant complies with the requirements of F.S. § 163.31771, related to accessory dwelling units.

m.

The accessory dwelling unit shall connect to the same utilities provided to the primary residence.

The following regulations shall apply to automobile service stations, Types A, B, and C.

A.

Location of Principal and Accessory Structures

1.

Principal or accessory structures shall not be erected within twenty-five (25) feet of any property zoned for residential use.

2.

No accessory structures shall be erected closer than ten (10) feet to a street right-of-way. If accessory structures are erected within any front yard, they shall be removed before the property is converted to a use other than an automobile service station.

B.

Points of Access

The number of points of access for one (1) automobile service station shall not exceed two (2) for each one hundred (100) feet of street frontage. Each point of access shall be no more than thirty (30) feet wide and be located at no less than twenty five (25) feet from the intersection of street rights-of-way. Each point of access shall be located no less than fifteen (15) feet from any other property line, or twelve (12) feet from any other point of access. On county maintained roads, clearance for additional points of access shall first be obtained from the County of Volusia.

C.

Landscape Buffer Requirements

Where lots to be used for service stations abut any property zoned for residential use, a landscaped buffer area meeting the requirements of Section 5.6.5 shall be constructed.

D.

Permanent Storage of Materials, Merchandise and Equipment

All materials, merchandise and equipment, other than motor vehicle fuels, shall be stored within the principal building.

E.

Trash Facilities

Adequate, enclosed trash facilities shall be provided on the site.

F.

Parking of Vehicles or Vehicles Offered for Sale or Rent at Type A and B Stations Only

Wreckers, service or customer vehicles, or vehicles offered for sale or rent, may be parked on the premises but shall be parked in a manner that will not create a traffic hazard or interfere with any vehicular maneuvering area necessary for gasoline pump areas, service bays, or with any required off-street parking spaces. No more than two (2) motor vehicles may be offered for sale on the premises at any one time unless otherwise authorized by the provisions of this Ordinance, and in conformity with all applicable state regulations.

A truck or trailer rental service, established primarily for the transporting of household goods, shall be permitted, subject to the following:

1.

The required minimum lot area shall be increased by four hundred eighty (480) square feet for the parking of each rental truck proposed, and fifty (50) square feet for each rental trailer proposed.

2.

On corner lots, no vehicles offered for sale or rent shall be parked within a yard abutting a street.

( ¹ As amended by Ordinance 96-1 on February 13, 1996)

Silviculture activities (timber cultivation and harvesting) may be undertaken on privately owned lands provided they are conducted in a manner compatible with the need to protect and conserve natural resources associated with wetlands and surface waters, as more particularly set forth below.

A.

Silviculture activities shall follow the best management practices outlined in the publications titled "Silviculture Best Management Practices Manual" (Revised May 1990, Florida Department of Agriculture and Consumer Services, Division of Forestry) and "Management Guidelines for Forested Wetlands in Florida" (December 1988, Florida Department of Agriculture and Consumer Services, Division of Forestry and Florida Forestry Association) except that:

1.

The Primary Streamside Management Zone criteria shall be applied within one hundred fifty (150) feet of Outstanding Florida Waters and Class I and II Waters as classified by the Florida Department of Environmental Regulation and;

2.

The Primary Streamside Management Zone criteria shall be applied within seventy-five (75) feet of perennial streams greater that thirty (30) feet in width for Class III Waters.

B.

In order to maintain the overall ecological integrity of the wetlands community, select cuts, small clear cuts or other irregularly shaped harvesting techniques will be allowed provided:

1.

Viable populations of the endangered and threatened species and species of special concern found on-site can be maintained on-site;

2.

Harvests are planned to provide for varying age and height diversity, supporting a variety of vegetative successional stages within the overall wetland ecosystem;

3.

The natural hydrology and hydroperiod of wetlands are maintained and state water quality standards are not violated;

4.

There is no conversion of wetland systems to upland systems; and

5.

There is no conversion to other wetland systems except for the beneficial alteration of degraded wetlands to wetlands compatible with the type, form, and function of adjacent wetlands.

A.

Definitions

Community Residential Home: A dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services (HRS), providing a living environment for seven (7) to fourteen (14) residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of the residents.

Categories of Community Residential Homes, licensed by HRS and included under F.S. ch. 419, are as follows:

1.

Aging and Adult Services Program (AA)

a.

Adult Congregate Living Facility (ACLF) licensed by Office of Licensure and Certification (OLC) and governed by Florida Administrative Code (FAC) 10A-5.

b.

Adult Foster Home (10A-14, FAC).

2.

Alcohol Drug Abuse and Mental Health Program

a.

Residential Treatment Facility (RTF), Levels II and IV (10E-4, FAC).

3.

Children, Youth and Families Program (CYF)

a.

Residential Child Care Agency Facility (governed by 10M-9, FAC; excluding runaway and emergency shelters, family foster and maternity homes).

4.

Developmental Services Program (DS)

a.

Intermediate Care Facility for the Mentally Retarded/Developmentally Disabled (ICF/DD) (10D-38, FAC).

b.

Developmental Services Residential Facilities

(1)

Foster Care Facility (10F-6, FAC).

(2)

Group Home (10F-6, FAC).

Resident: As used in the definition of Community Residential Home, the term resident shall mean any of the following:

1.

An aged person as defined in F.S. § 400.618(3).

2.

A physically handicapped or disabled person as defined in F.S. § 760.22(5)(a).

3.

A developmentally disabled person as defined in F.S. § 393.063(6).

4.

A non-dangerous mentally ill person as defined in F.S. § 394.455(3).

5.

A dependent child as defined in F.S. § 39.01(8) and (10).

Delinquent children, alcohol or drug abusers, and dangerous mentally ill persons are specifically excluded from this definition.

B.

Location

1.

Homes of six (6) or fewer residents that otherwise meet the definition of a community residential home are regarded as single-family units and non-commercial residences for the purpose of these Regulations and are defined as community residential homes by the HRS. Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be allowed in any single-family or multi-family zoning district as permitted principal uses, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents.

2.

Except as provided in Section 5.6.9, B.1, community residential homes may be permitted only as Special Exceptions when specific provision for such homes is made in a particular zoning district.

A.

Purpose

The intent and purpose of this section is to allow mobile food dispensing vehicles to operate within the Town of Pierson. Pierson adopts the view that it is beneficial to allow the operators of mobile food vending to encourage local entrepreneurship and provide a variety of food options to the community, and to establish appropriate standards to promote the public health, safety and welfare of the community.

B.

Definitions

Mobile food dispensing vehicle, synonymous with "Food Truck," means a vehicle that is a public food service establishment and is self-propelled or otherwise moveable from place to place and includes self-contained utilities and is sometimes referred to as a food truck or trailer or food cart, and otherwise regulated by the Department of Business and Professional Regulation (DBPR) requiring a mobile food vendor license subject to F.S. § 509.102 and be in compliance with this section. Mobile food dispensing vehicles are stationary for periods greater than one (1) hour while foodstuffs are prepared, served and/or sold. A mobile food dispensing vehicle does not include roving vehicles, like an ice cream truck, that periodically travel through residential neighborhoods selling pre-prepared or prepackaged food items, or a street peddler of unprepared foodstuffs, makeshift, standalone restaurants or buffets such as a food tent, or a mobile vendor selling anything other than food/foodstuffs.

C.

Standards

The following provisions apply to the location and operations of a mobile food dispensing vehicle:

1.

Mobile food dispensing vehicles, henceforth referred to as food trucks, may operate in the B1, B1A, and B2 districts. In addition, unless explicitly prohibited by an associated Development Agreement, food trucks may operate on property developed with existing and active uses zoned Planned Development.

a.

If the property is a developed site with an existing parking lot, food truck(s) are required to park on paved surfaces within the commercial zoning districts provided any rights of way or drive aisles are not impeded by the placement of the vehicle.

b.

If the property is vacant:

(1)

A site plan showing the location of the food truck and associated operational area shall be provided to the Town for review and approval.

(2)

The neighbors of the adjacent properties must be notified by the operator via certified mail of the intent to operate a food truck.

(3)

If the property abuts residential zoning or uses, either a ten-foot-wide natural landscape buffer or six-foot-tall opaque fence or wall must be provided to screen the food truck from the residential zoned property or uses.

(4)

The property shall not have been cleared within the last two (2) years in preparation for the operation of a food truck.

c.

Food truck(s) shall operate a minimum of twenty-five (25) feet from a residential structure or parcel boundary and a minimum of ten (10) feet from all buildings or other vehicles.

d.

Food truck(s) may not operate within rights-of-way, landscape buffers, stormwater collection and conveyance systems, or easements.

e.

Food truck(s) may be exempted from these regulations if catering to a private party or permitted through a Town sanctioned event, otherwise the following subsections will apply. For the purpose of this section, a private party means a gathering of people for a special occasion, such as a wedding, an anniversary, a luau, etc., where food and drinks are served only to invited guests.

2.

The following documents shall be available upon request when in operation within the Town of Pierson:

a.

The Department of Business and Professional Regulation (DBPR) mobile food dispensing vehicle license.

b.

Written authorization of the property owner permitting the operations of a mobile food dispensing vehicle on eligible private property. The authorization shall include a phone number contact for the property owner and an acknowledgement that the owner shall be responsible for any infractions associated with the mobile food dispensing vehicle operation.

3.

Food trucks must adhere to the following standards:

a.

Food truck(s) may only operate between the hours of 6:00 a.m. and 10:00 p.m.

b.

Mobile food dispensing vehicles and related operations shall be consistent with Florida Fire Prevention Code, including the storage of gas and generators as well as maintaining access to fire lanes and/or fire prevention devices. A fire inspection with the authority having jurisdiction shall be conducted annually. The mobile food dispensing vehicle must pass the inspection to operate.

c.

The hosting property owner shall not allow a food truck to set up or operate without first obtaining approval from the Town. Applications for a food truck will be reviewed and approved/denied by the Town Clerk. Appeals of the Town Clerk's decision shall be made to the Board of Adjustments and Appeals.

d.

Except for a temporary water hookup (such as a hose), food truck(s) may not connect to central utilities or septic systems. This shall not be construed to mean the electric company.

e.

No more than one (1) mobile food dispensing vehicle may be allowed to operate on a single parcel unless permitted through a Town sanctioned event.

f.

On developed sites, food truck(s) shall not decrease the amount of parking on a subject parcel by more than twenty percent (20%) by the food truck(s) or any associated tables and chairs. Portable table(s) and portable chair(s) cannot be left overnight. When the food truck is in operation, table(s) and chair(s) shall be placed in adjacent parking stalls outside of vehicle drive aisles.

g.

Food truck(s) shall provide their own waste collection in the form of portable trash can(s) and maintain the surrounding area, including rights of ways within twenty-five (25) feet of the subject property of their operation. This includes keeping the area clear of uncontained trash, paper, cups, cans and any other items associated with the vending operation. Trash cannot be left overnight.

h.

Food truck(s) shall not, under any circumstances, release grease, waste material, fluid or toxic pollutant discharge into the stormwater system, tree pits, sidewalks, streets, parking lots, or onto any private or public property.

i.

Food truck(s) operating on a private property for a duration of more than three (3) hours shall have a written agreement with the owner, management company, or lessee of real property on which the food truck operates confirming the food truck employees have access to a flushable restroom within four hundred (400) feet of the vending location during the hours of operation. A copy of such written permission shall be maintained in the food truck at all times and shall be produced to a law enforcement officer or Town enforcement official upon request. This requirement shall not apply when the mobile food truck is on public property with a publicly accessible flushable restroom, when the mobile food truck is within four hundred (400) feet of a publicly accessible flushable restroom or when the mobile food truck is participating in a Town sanctioned event with access to either a temporary restroom or a public restroom.

j.

Food truck(s) shall not display any form of free-standing temporary signs except for one sandwich board to describe the menu or advertise specials. Food truck(s) shall only be allowed to utilize the vehicle including attachments as the means of advertising, all other forms of signage not on or attached to the food truck(s) are prohibited.

k.

Food truck(s) shall not use amplified music, speakers, or other noise unless participating in a Town sanctioned event that allows amplified noise.

l.

Failure of a hosting site property owner or tenant to comply with the provisions of this section shall be grounds for denial or revocation of a permit. Violations of these regulations, including operating without a permit, or allowing a mobile food vendor to operate without a mobile food vendor certificate, shall be grounds to bring code enforcement action against the hosting property owner or tenant, or both. Upon imposition of a mobile food vendor's third offense, the mobile food vendor will not be permitted to operate within the Town for a period of ninety (90) days. The Special Magistrate will have jurisdiction to enforce these provisions pursuant to F.S. ch. 162, and any person determined to be in violation will be subject to penalties and remedies available as provided by law.

m.

If the state revokes or suspends food vendor's license, or the license expires, any approval or authorization by the Town under this program is revoked or suspended immediately.

(Ord. No. 2025-01, § 1, 7-1-25)

Editor's note— Ord. No. 2025-01, § 1, adopted July 1, 2025, renumbered the former § 5.6.10 as § 5.6.11 and enacted a new § 5.6.10 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Purpose and Applicability:

The intent of the US Highway 17 Corridor Overlay District, COD, is to provide regulations for the development/redevelopment of commercially zoned properties that front the corridor that will: protect the corridor's Level of service, LOS, as a major arterial roadway; protect abutting residential development from negative impacts such as noise and light penetration; provide for architectural and signage guidelines that are intended to preserve and enhance the character of the community; prohibit certain uses that are not in keeping with the character of the community that may portray a negative image to the traveling public; and preserve/enhance the quality of life and property values within the corridor.

The requirements of this section shall apply to all parcels or lots adjoining the US Highway 17 Corridor, the limits of which are depicted on Exhibit "A" and the requirements of this section are supplemental to existing zoning regulations within the District. All development must be in compliance with the standards of the underlying zoning district and the additional requirements of the Overlay District. In the event of any conflict between the provisions of this section and other requirements of this Article, the provisions of this section shall prevail. All proposed development within the COD, unless waived by the Town Council, Is subject to Development Plan review per Section 3.4.5. The following shall apply in the COD:

A.

Architectural Standards

1.

Commercial metal buildings shall be prohibited.

2.

For purposes of this section, a recognized architectural style shall be one which is recognized by design professionals as having a basis in classical, historical or academic architectural design philosophies. Any architecture that is exotic and clearly out of character with the community character shall not be considered as acceptable. Examples of exotic and unacceptable architecture include architecture that does not resemble a typical structure, but resembles out-of-place structures like igloos, tepees, medieval castles, caves and the like; or that resembles an exaggerated plant, animal, fish, edible food or other such item such as giant oranges, ice cream cones, dinosaurs and the like. This subsection shall not apply to public improvements.

3.

Accessory structures. These structures shall be similar in style, color, and building material to their principal structures.

4.

Exterior walls. All exterior walls shall be constructed of finished materials such as stucco, natural brick or stone, finished concrete, horizontal wood siding or other similar material including synthetic materials similar in appearance and durability. Exposed smooth concrete block or metal finishes shall not be permitted, except where determined to be an integral feature of a recognized architectural style. For any facade facing a street, parking lot or residential property line, wall planes need to be encouraged punctuated by two (2) or more of the following techniques:

a.

Use of windows of style and proportions in keeping with the chosen architectural style. Retail establishments must incorporate store front windows at pedestrian level where adjacent to streets or interior sidewalks.

b.

Use of ground level arcades or porches.

c.

Use of protected or recessed entries.

d.

Use of vertical elements (including architectural features such as pilasters, columns, canopies, porticos, arcades, colonnades and/or parapets) on or in front of expansive blank walls to interrupt facades into modules of less than sixty (60) feet.

e.

Use of multiple wall plane offsets and projections of at least three (3) feet each.

f.

Retaining a clear distinction between roof, body and base of a building.

5.

Roofs. The use of hip or gable roofs is highly encouraged. Pitches in excess of 6:12 are desirable. The use of dormers, metal roof material or dimensional shingles to help break-up large roof planes, is encouraged. Flat roofs shall include parapet or partial roofs to provide architectural interest and to screen rooftop equipment when viewed at the property lines from standing height.

6.

Signage. Pylon signs are prohibited. Signage is limited to ground mounted monument signs not to exceed six (6) feet in height and ten (10) feet in width with copy area limited to thirty-two (32) square feet per side. Mansard signage shall not exceed thirty-two (32) square feet in area. Signage shall be so located to ensure that visibility is not impaired. For buildings with multiple tenants, a uniform signage plan shall be submitted for approval by the Town.

B.

Dumpster and Waste Containers

Dumpster and waste containers shall be screened by a wall or a fence with vegetative screening around it. The vegetative screening shall be installed on at least three (3) sides of the utility equipment, and shall be located outside any wall or fence. Such vegetative screening shall include shrubs which will achieve a height of five (5) feet within one (1) year, planted with a spacing not exceeding five (5) feet on center, or as an alternative, another form of vegetative screening that creates an effective visual screen.

C.

Loading Docks

Loading docks shall be located or constructed at the rear of the building, and shall be oriented as much as possible as to be concealed from adjacent residential uses.

D.

Access Standards

The Town shall strive to limit new access points from existing roadways through the use of shared access, secondary access between adjacent uses, and reasonable spacing between primary access points. The following standards shall be applied to reduce traffic congestion and safety issues, reduce the amount of pavement in driveways, as well as to reduce the visual impacts of strip development caused by multiple access points.

1.

For corner parcels less than one (1) acre in size, access only from local streets shall be allowed.

2.

A single, multi-use driveway connection shall be required to serve adjacent commercial uses unless one (1) of the uses is an existing site with a driveway access not located along the joint property line. In cases where such multi-use driveway would result in the removal of a protected tree with a caliper greater than sixteen (16) inches, it need not be located along the joint property line.

3.

Driveway pavement width for access ways shall not exceed twenty-four (24) feet, excluding landscape medians and appropriately designed aprons and needed turn lanes, unless it is determined by the Town's Engineer or his/her designee that wider pavement width is needed to accommodate needed turning radii. Pavement width may exceed twenty-four (24) feet when a curbed median strip with shade trees spaced every twenty-five (25) feet are provided, but driveway lanes may not exceed twelve (12) feet in width excluding appropriately designed aprons and needed turn lanes.

4.

Cross-access. New site plans must provide vehicular and pedestrian cross-access to existing and future adjacent development. Cross-access shall take the form of an interconnection between parking lot access aisles located at least twenty-five (25) feet from the r/w line.

5.

Sidewalks. With the exception that sidewalks shall be constructed within the property parallel to the abutting roadway frontage, all other standards of Section 6.4.9.F., shall apply.

E.

Parking Standards

The following standards shall help to reduce the amount of paved parking areas and visual blight associated with commercial parking needs.

1.

During the site plan review process, the Town may allow minimum parking requirements to be reduced by up to twenty-five percent (25%) for complementary uses (weekday and evening/weekend uses), when such uses can share their available parking areas, and such parking areas are convenient to the associated uses.

2.

Required sidewalks abutting roadways shall be constructed in accordance with the specifications outlined in Section 6.4.9. Off-street parking and loading facilities shall be constructed in accordance with Section 6.4.10 with the exception that packed shell or marl material may not be used.

F.

Utility Service Drops

Utility service drops shall be installed underground and shall be done in a manner, which protects index trees.

G.

Landscaping Requirements

Development plans shall include a landscaping plan in accordance with Section 5.6.5 with the exception that in addition to landscaping, a decorative, opaque wall or fence is required along the rear and/or side property lines when the project abuts residential development.

H.

Prohibited Uses

The following uses are prohibited: tattoo parlors and body piercing establishments; adult businesses including but not limited to adult amusement centers.

I.

Variances

Variances shall be available as provided under Section 10.2 provided however, in considering variance applications, consideration and flexibility shall be extended to adjust setbacks, structures and parking in order to preserve an index tree canopy. Further, the provisions of this section are not intended to deprive an applicant from seeking a special exception where not otherwise in conflict with this section.

J.

Relationship to Other Requirements

This section is supplemental to all other requirements of existing adopted ordinances and codes.

K.

Vesting

The provisions of this section shall apply to all new construction/redevelopment and any particular use not in existence on any particular lot or parcel on the effective date of this section.

1.

Projects deemed vested.

a.

Projects having received a building permit prior to the effective date of this section shall be allowed to complete construction under the terms of that permit so long as the permit remains valid.

b.

Any project having an approved site development plan post adoption of the Land Development Code; or detailed engineering plans, specifications and calculations prepared in accordance with Town's and other applicable regulations, codes and standards, which sets forth the specific improvements to be made in conjunction with development as they affect the existing site, its boundary conditions, landscaping plans and tree coverage, shall be deemed to be vested.

L.

Non-Conformity

The provisions of Section 5.4, Non-Conformity shall apply to the COD. Normal maintenance and repair of structures is permitted in accordance with the provisions of Section 5.4.1.D., Non-conforming structure.

(Amended per Ordinance 08-09, October 14, 2008)

Editor's note— See note at § 5.6.10