[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 11-18-1985 as L.L. No. 1-1985. Amendments noted where applicable.]
The intent of this chapter is to establish regulations and procedures
for the outdoor sale of Christmas trees and related holiday decorations in
the Village of Mount Kisco, New York.
[Amended 11-19-1990 by L.L.
No. 12-1990]
A.Â
It shall be a violation of this chapter for any person
to store for sale or sell Christmas trees and related holiday decorations
outdoors in the Village/Town or Mount Kisco without having a license therefor.
B.Â
It shall be a violation of this chapter for any owner
to allow his property to be used for the storage for sale or sale of Christmas
trees and related holiday decorations by any person who does not have a license
therefor.
C.Â
The foregoing notwithstanding, no license shall be required
for the storage or sale of Christmas trees and related holiday decorations
when conducted indoors in the normal course of business of any establishment
for which a site plan has been approved and a certificate of occupancy has
been granted; or indoors or outdoors in the normal course of business of any
garden shop or nursery for which a site plan has been approved and a certificate
of occupancy has been granted.
A.Â
All applications for a license that allows the outdoor
storage and sale of Christmas trees and related holiday decorations shall
be made to the Village Building Inspector on a form prescribed by him.
B.Â
The application shall be accompanied by a plan, drawn
to scale, showing the general location of the lot where such storage and sales
are to take place and trees and other items for sale and also showing provisions
for site access and parking, together with the written consent of the owner
of the lot.
C.Â
Within ten (10) days after the application has been fully
submitted, the Building Inspector shall approve, with conditions, said application
and issue a temporary license; or disapprove the application. If the application
is disapproved, the Building Inspector shall state his reasons for disapproval
in writing.
The application shall be accompanied by a nonrefundable processing fee, plus a site restoration deposit as provided for in Chapter A112, Fees. The site restoration fee shall be refunded in full, within one (1) week after the termination of the license, if the lot on which the trees were sold has been cleaned up and restored to a condition that existed prior to the temporary sale, as determined by the Building Inspector, or refunded in full if the application is disapproved.
[Amended 11-19-1990 by L.L.
No. 12-1990]
The outdoor sale as permitted in this chapter may be conducted on any
vacant lot or on such other land which, in the discretion of the Building
Inspector, shall be deemed sufficient, suitable or compatible within the CR,
CL, ML or MG Zoning Districts of the Village/Town of Mount Kisco.
A.Â
The Building Inspector shall approve an application and
issue a license if the lot is suitable for the sale in terms of vehicular
access, parking and pedestrian safety. For built-up lots, the Building Inspector
shall also make certain that other uses on the lot will permit vehicular access
and parking, if such sales are also permitted on the lot.
B.Â
The license may be revoked at any time if the licensee
deviates from the plan as submitted and/or if the sale is deemed to create
a public health or safety hazard. If the license is revoked, all sales shall
be terminated immediately and shall not be permitted until the licensee complies
with the plan and the Building Inspector is satisfied that all safety and
health hazards are eliminated.
All licenses shall commence on November 15 and shall terminate on December
30.
[Amended 8-24-1992 by L.L.
No. 9-1992]
Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-17A of this Code.[1]
[1]
Editor's Note: Former § 53-9, Exceptions, which immediately
followed this section, was repealed 11-19-1990 by L.L. No. 12-1990.
