[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 92 of the 1991 Code. Amendments noted where applicable.]
No person, organization or other business entity shall engage in the business of the sale of trees, wreaths, sprays and other similar decorations ("Christmas trees") during the Christmas season, in the B-1, B-2, B-3 and LB Business Zones, within the Borough, without the issuance of a temporary permit from the Director of Engineering and Development, after a satisfactory fire safety inspection of the proposed sale site. Such sale, at other times and in other zones of the Borough, is strictly prohibited.
Premises used throughout the year for the sale of trees, shrubbery, plants, farm produce and other similar landscaping or agricultural products shall be exempt from the provisions of this chapter. Further, any prior nonconforming Christmas tree sales use existing during the 1988 holiday season shall be exempt from the provisions of this chapter.
The maximum allowable time period for Christmas tree sales shall be from November 1 to December 31 and between the hours of 9:00 a.m. and 10:00 p.m. on any given day therein.
The temporary sale and storage of Christmas trees shall be restricted as follows:
A. 
No Christmas tree shall be stored within 50 feet of any wooden frame structure.
B. 
No Christmas tree shall be placed upon any sidewalk.
C. 
No Christmas tree shall be placed upon that portion of a corner lot which is closer to the intersection of the bounding street lines than a straight line drawn between two points measured 25 feet along each such street line from the intersection of those two street lines.
D. 
No Christmas tree shall be stored or sold on lots on which there is a residential use as a principal, mixed or accessory use.
E. 
Off-street parking for at least 10 vehicles shall be maintained.
F. 
Only one sign shall be permitted on the site and such sign shall not exceed 32 square feet in area, consisting of 16 square feet on each side. No sign shall be a type that flashes, rotates or moves or one which incorporates moving components. Such signs and all their supports shall be at least 10 feet from any building or structure and 10 feet from any side or rear lot line and shall be located back from the street line a distance of not less than 25 feet.
G. 
Exterior lighting illumination patterns shall not intrude upon adjacent properties or otherwise extend beyond the property line of the lot upon which the Christmas trees are displayed.
H. 
As a condition to the issuance of a permit, an applicant shall be required to post a cash bond in the sum of $1,000, such sum to defray the Borough's cost and otherwise assure that all Christmas trees shall be removed from the premises for disposal outside the municipality not later than January 1 of each year. The application shall constitute a limited right of entry and the cash bond may be appropriated to effectuate such purposes, in the event of the vendor's default.
Any person aggrieved by a decision of the Director of Engineering and Development with reference to the issuance of a permit may appeal such decision to the governing body by notifying the Borough Clerk of the intent to appeal within 10 days of the applicant's receipt of the Director's decision. The governing body shall then schedule a hearing on such appeal within 10 days of receipt of the notice of appeal, at which time the applicant may present evidence. Said appeal shall be decided by a majority vote of the governing body, and the decision shall be final.