UPDATE FROM FEBRUARY STAFF REPORT:

At the February 12, 2020 planning commission meeting, the planning commission opened a hearing on a housekeeping amendment to the junkyard ordinance.  Following discussion during the hearing, the planning commission continued the hearing to the March 11, 2020 meeting.  After reviewing the proposed amendment to incorporate existing junkyard regulations into the zoning ordinance, the planning commission directed staff to amend the ordinance to include a definition for secondhand stores and to make junkyards conditional uses rather than permitted uses in the city's industrial zones.  The attached draft ordinance incorporates the recommended changes from the planning commission.  Staff reviewed secondhand dealer definitions from 20 jurisdictions across the US and developed the proposed definition in 157.002.  The definition is proposed as a secondhand store rather than secondhand dealer.  The use which is permitted in the C-1 zone is listed as a secondhand store so the definition is for a store rather than a dealer as well.  In accordance with the planning commission recommendation, junkyards are now conditional uses in both industrial zones.  The supplemental provisions in 157.153 are unchanged from the original proposal.

ORIGINAL REPORT FROM FEBRUARY 12:

The City of Hermiston has been conducting a thorough review of the code of ordinances.  The review is intended to update the majority of the city code to reflect current case law and language standards.  The process began in 2018 and progressed steadily through 2019.  At the time the city's legal counsel reached Title XI, Chapter 113 Secondhand Dealers and Junkyards, the question was asked, "Is this chapter more appropriately located in the zoning code rather than a stand-alone chapter?"  The existing Chapter 113 consists of two paragraphs of requirements and one paragraph of penalty for ordinance violation.  The ordinances provisions were originally adopted by the city in 1957. 

Staff reviewed the zoning ordinance and found that there are already provisions in the code which indirectly regulate junkyards, but no specific zoning provisions.  In Title XV, Chapter 157 junkyards are defined land uses.  However, no specific zoning classification is established which permits junkyards.  Additionally, the non-conforming use standards in 157.190 currently state, "However, any junkyard not in an M-1 or M-2 Industrial Zone as defined shall be enclosed by a sight-obscuring fence of at least six feet in height within one year following adoption of this chapter. The fence shall be a wire fence with slats, wood pickets not exceeding one inch in thickness, or masonry, unless otherwise approved by the Planning Commission. All required sight-obscuring fences shall be maintained throughout the life of the land use."  From this statement, staff have previously inferred that junkyards are an industrial use.  However, the M-1 and M-2 codes do not establish that junkyards are a permitted use.

The proposed amendment will add junkyards to the uses permitted in the M-1 and M-2 zones.  This addition will eliminate future uncertainty as to the permitted locations for junkyards.  Additionally, the design standards for junkyards and secondhand stores currently in 113.01 and 113.02 will be transferred to the zoning ordinance's supplemental provisions section.  The supplemental provisions area in 157.135 through 157.152 is the city's refinement section of the code.  Design standards for historic buildings, manufactured dwelling parks, accessory uses, etc are contained in this area.  The proposed amendment creates a new section 157.153 which combines the current 113.01 and 113.02.  In addition to moving the existing standards directly from 113 to 157, additional clarifying language is added.  This clarifying language is added to insure that businesses which sell used automobiles are not regulated as secondhand dealers.  The business model of all car lots is to have stock available and readily visible to the public.  Requiring all used cars to be stored out of public view would be a substantial burden to these businesses.

The existing Chapter 113 will be repealed and Chapter 113 will be reserved for future use in the event a different business regulation is considered and needs a number within the code.

At this time, there is one existing junkyard in the city.  It is located on W Harper Road in an M-1 zone.  It meets all of the requirements in this chapter.  This ordinance will continue to be applied in the event a new junkyard is proposed in town.

The planning commission may choose to:

• Recommend repeal of the existing junkyard regulations as a stand alone chapter and recommend their incorporation into the zoning ordinance
• Recommend that the junkyard regulations stay as a stand alone chapter in the municipal code
• Direct staff to make substantial changes and return with a revised ordinance at a future meeting.

Motion to adopt findings of fact

Motion to recommend repeal of the existing junkyard regulations as a stand alone chapter and recommend their incorporation into the zoning ordinance.