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:
A. 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.
B. Christmas tree sales are permitted in all commercial
and industrial use districts.
C. 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:
A. The name, address and age of the applicant.
B. The location or locations where the sale of Christmas
trees is to be conducted.
C. The source or sources from which the permittee intends
to obtain his supply of Christmas trees.
D. The date when the permittee intends to commence the sale
of Christmas trees.
E. 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.
A violation of any provision of this chapter is hereby declared to be a Class B violation punishable as provided in §
1-16.