Notwithstanding any provisions of the Title 17 of this code, to the contrary, a temporary Christmas tree lot may be established in any zone in accordance with the following provisions:
A. A permit shall be obtained from the chief of fire prevention bureau subject to the following conditions:
1. All noise or music generating equipment shall cease operation at ten p.m.
2. All lighting shall face away from any adjacent residential property.
3. Property shall not be used in such a manner as to create a nuisance because of noise, crowding, dust, or other factors.
4. The property shall be restored to its original condition following its use under the permit.
5. If the lot abuts parcels of property used for residential purposes the boundaries of the Christmas tree lot shall be set back at least fifteen (15) feet from the property lines of such residential parcels.
6. A fee established by resolution of the city council shall be paid prior to the issuance of a permit.
B. The permit issued pursuant to this section shall be revoked for violation of any of the conditions imposed under subsection A of this section.
C. In the event of revocation of any permit issued pursuant to this section, an appeal from such action may be taken by filing notice of appeal with the chief of the fire prevention bureau at any time within ten (10) days after the date of revocation. Upon the filing of notice of appeal the chief of the fire prevention bureau shall within ten (10) days transmit to the clerk of the city council, all the pertinent information, together with the basis of his or her action. The permittee shall be permitted to continue operation of such Christmas tree lot during the period of appeal.
D. The city council shall hold a hearing upon said appeal after giving written notice of said hearing to the appellant at least five days prior to the date thereof.
E. The holder of any permit which is revoked as above shall be ineligible for such a permit for a period of two years.
F. A refund as established by resolution of the city council shall be made at the termination of sales activities upon the condition that the lot is cleared of debris to the satisfaction of the chief of the fire prevention bureau. (Prior code § 15.04.401)