Under the direction of the city council 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, it was proposed to eliminate junkyard regulations as a standalone chapter and incorporate the language into the zoning code.  The existing Chapter 113 consists of two paragraphs of requirements and one paragraph of penalty for ordinance violation. The ordinance provisions were originally adopted by the city in 1957.

Incorporating the junkyard provisions into the zoning code follows a different process than other housekeeping code updates the city council has adopted.  Amendments to the zoning code are governed by ORS 227 and are considered legislative land use actions.  These amendments must be publicly noticed and a public hearing held.  Thus, the process is somewhat longer and more formal than other ordinance updates.

The planning commission studied the issue over two meetings in February and March.  The planning commission concluded it is appropriate to eliminate the junkyard regulations in Chapter 113 as a separate city ordinance.  When considering the entirety of the regulations, the planning commission also concluded that they are not really applicable to secondhand stores as originally titled in the ordinance and recommended some changes be made to the overall text of the ordinance.  These amendments are intended to clarify that screening should apply to junkyards and scrap dealers, but not necessarily to antique stores or other secondhand stores as commonly operated in the city.  As a result of the planning commission deliberations, the recommended ordinance before the city council is slightly changed from the repealed ordinance.

The first addition to the ordinance is in the definition section of the code.  At present, there is no definition for secondhand stores, which are listed as a permitted use in 157.040(A).  The zoning code defines junkyards, but not secondhand stores, although each are considered discrete uses.  The planning commission recommends adding a definition for secondhand stores to assist in clarifying regulatory oversight.

The second addition is in the industrial use permissions.  The code defines junkyards, but does not permit them in any zone.  However, additional supplemental provisions for the zoning ordinance state that they must be located in an industrial zone.  To eliminate confusion, the planning commission recommends adding junkyards as conditional uses in the Light Industrial and Heavy Industrial zones.

The third addition is the direct incorporation of the existing Chapter 113 junkyard regulations to the zoning ordinance's supplemental provisions.  This addition provides design standards for junkyards, mainly that junk must be within a sight obscuring fence and out of public view.  It also clarifies that the sight obscuring provisions do not apply to used car dealers.  Most definitions of junkyards and secondhand stores apply broadly to all resellers of used merchandise.  Without this exception, used car dealers could be interpreted as requiring sight obscuring fencing.  Since all new and used car dealers have secondhand vehicles on-site, this would be a substantial burden on their ability to operate without an exception.

The final amendment deletes the junkyard provision of the zoning code's non-conforming use section.  This section requires all junkyards not in an industrial zone to be fenced within one year of ordinance adoption.  Since the zoning code was adopted in 1994, this provision has been satisfied for over twenty years and is no longer necessary.

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 city council may choose to:

• Pass Ordinance 2300 repealing chapter 113 of the code of ordinances
• Reject Ordinance 2300 and maintain the junkyard regulations as a separate code in chapter 113
• Pass Ordinance 2301 as recommended by the planning commission and incorporate the junkyard regulations into the zoning ordinance
• Reject Ordinance 2301 and maintain the junkyard regulations as a separate code in chapter 113
• Recommend amendments to Ordinance 2301 and direct staff to amend the ordinance

• Motion to adopt findings of fact
• Motion to adopt Ordinance 2300
• Motion to adopt Ordinance 2301