[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-20-1977 as Ch. 14 of the 1977 Code. Amendments noted where applicable.]
Trees — See Ch. 214.
Volume sales of Christmas trees during the season have a potential for generating large amounts of additional traffic at and around the point of sale. Improperly located and designed sales areas may create land use conflicts, traffic congestion, noise and vehicle and traffic safety problems. It is therefore the purpose of this chapter to provide for the health, safety and welfare of the residents of the Town of Irondequoit by instituting a system of review and issuance of permits for volume sales of Christmas trees.
This chapter shall be known as the "Christmas Tree Sales Law of the Town of Irondequoit."
As used in this chapter, the following terms shall have the meanings indicated:
- CHRISTMAS TREE
- Any cut evergreen tree customarily decorated and used as an ornament during the Christmas season.
- VOLUME SALES
- Offering to sell to the public in quantities in excess of 25.
Christmas tree sales by volume by individuals, businesses and nonprofit groups shall only be permitted upon issuance of a permit by the Town Building Inspector as follows:
No sale of Christmas trees shall be permitted in a residential use district with the exception of sales by a nonprofit group or approval of a permit by the Zoning Board of Appeals.
Christmas tree sales are permitted in all commercial and industrial use districts.
All existing garden shops or farm product markets, regardless of the zoning district in which they are located, shall be exempt from the permit requirements stated in this section.
Any person desiring to sell Christmas trees as herein provided shall make an application. in writing, to the Town Building Inspector and deliver it to the Building Department. Such application shall contain the following information:
The name, address and age of the applicant.
The location or locations where the sale of Christmas trees is to be conducted.
The source or sources from which the permittee intends to obtain his supply of Christmas trees.
The date when the permittee intends to commence the sale of Christmas trees.
Such other information as may be required by the Town Building Inspector to determine the veracity or to clarify any of the prior statements required in this section.
Upon receipt of the application, the Building Inspector shall conduct an on-site inspection and make his or her determination within a reasonable time. If the application complies with all provisions of this chapter and all other laws and provisions of this Municipal Code, the permit shall not be denied except for good cause.
The Building Inspector may, for a good cause, deny a permit or revoke and/or suspend a permit granted hereunder. Applicants may appeal the decision of the Building Inspector to the Zoning Board of Appeals. All such appeals should be filed within 10 days after the Building Inspector's decision to suspend, revoke or disapprove an application is served, in writing.
The schedule of fees for issuance of permits and appeals under this chapter shall be set forth as provided in § 1-18.