Chapter 5-16
CHRISTMAS TREE SALES LOTS
Sections:
5-16-02 Licenses required to conduct: Property owner’s liability.
5-16-03 Permitted time periods.
5-16-04 Licenses: Applications: Form.
5-16-05 Licenses: Conditioned approval.
5-16-06 Licenses: Location restrictions.
5-16-07 Security documents: Form: Refund.
5-16-01 Sales defined.
For the purposes of this chapter, “Christmas tree sales” shall mean any area used for the sale of Christmas trees.
(1231-CS, Amended, 04/13/2017)
5-16-02 Licenses required to conduct: Property owner’s liability.
(a) Licenses required. It shall be unlawful for any person to operate, maintain, conduct, advertise or sell Christmas trees unless such person obtains both Planning Division authorization and a business license from the City to conduct such sales.
(b) Property owner’s liability. It shall be unlawful for the owner or possessor of any real property to knowingly permit the opening, conducting, carrying on or operation, or allowing any other person to operate a Christmas tree sales lot upon such real property without first obtaining a license therefor as provided in this chapter.
(1231-CS, Amended, 04/13/2017)
5-16-03 Permitted time periods.
(a) No Christmas tree sales lot shall open for business prior to the twenty-second (22nd) day of November in any given year.
(b) A Christmas tree sales lot shall be closed, cleaned of all debris and merchandise prior to the fifteenth (15th) day of January of any given year.
(1231-CS, Amended, 04/13/2017)
5-16-04 Licenses: Applications: Form.
An application for a temporary use of land permit (Chapter 9-5 TMC, Article 5) shall be submitted to the Development Services Director at least two (2) weeks prior to the planned establishment of a sales lot. In addition to the requirements for a temporary use of land permit, any application for a Christmas tree sales lot shall contain the following information:
(a) Information concerning the applicant: The name, business name, address, mailing address, and telephone number. If the applicant will not be present on the proposed site, the name, address and telephone number of the persons responsible for managing the sales lot shall be included.
(b) Premises information: the address (if one exists), County Assessor’s parcel number and description of the lot location of the proposed sales lot. Written proof of property ownership or the authorization for property usage by the legal owner shall be provided with the application.
(c) Plans for security lighting, dates and hours of operation and intended advertising of the business shall also be included with the application.
(d) Any additional information required by the Development Services Director to make the findings for a temporary use of land permit pursuant to TMC 9-5-504.
(1231-CS, Amended, 04/13/2017)
5-16-05 Licenses: Conditioned approval.
The Development Services Director shall consider the location of the site and shall either grant the license without conditions or with conditions which must be met, including security required from the applicant as a guarantee that the conditions will be met, before a license is granted or not grant the application. Such criteria for approval may include, but are not limited to, any or all of the following subjects:
(a) Site circulation and access restrictions;
(b) Proximity of residential uses;
(c) Traffic/pedestrian visibility conflicts;
(d) Noise; and
(e) Conditions listed in TMC 9-5-505 (Temporary Uses of Land – Conditions).
(1231-CS, Amended, 04/13/2017)
5-16-06 Licenses: Location restrictions.
Christmas tree sales lots shall be permitted on properties zoned for commercial or industrial uses located along the major thoroughfares identified by the Turlock General Plan.
(1231-CS, Amended, 04/13/2017; Ord. 983-CS, Amended, 07/11/2002)
5-16-07 Security documents: Form: Refund.
At least two (2) weeks prior to the establishment of a sales lot, the applicant shall post a Five Hundred and no/100ths ($500.00) Dollar refundable cleaning deposit to insure that the sales lot is clean and free of debris within the time period set forth in TMC 5-16-03.
Prior to refund of any cleaning deposit, the Planning Division shall inspect the sales lot to insure that the property is clean and free of debris. The cost of any required cleanup of the sales lot shall be deducted for the security deposit.
(1231-CS, Amended, 04/13/2017)