07-10385 Junkyard Moratorium(Published in the Salina Journal on April (� , 2007)
ORDINANCE NUMBER 07-10385
AN ORDINANCE ESTABLISHING A 90 DAY MORATORIUM ON THE
ESTABLISHMENT OF NEW JUNK YARDS OR THE EXPANSION OF
EXISTING ONES IN THE CITY OF SALINA, KANSAS.
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. The Governing Body makes the following findings:
(a) City of Salina zoning regulations set forth in Chapter 42 of the Salina Code (the
"Zoning Code") establishes a list of permitted and conditional uses within each zoning
district.
(b) City staff has received a junk dealer license application and request for a
zoning certification for a junkyard expansion located on one of the entryways into the
community.
(c) On October 23, 2006 the City Commission adopted a Shared Vision statement
and Strategic Plan for the community. The Shared Vision statement and the Salina
Comprehensive Plan both emphasize the need to beautify major entryways into the
community.
(d) The regulatory tools the city currently has in place for regulating the location
and appearance of uses such as junkyards, automobile graveyards, salvage yards and car
crushing operations are not consistent with the community's vision for its entryways.
(e) City staff has advised that a comprehensive review of the Zoning Code as it
addresses junkyards, automobile graveyards, and salvage yards in the city is needed so that
the Planning Commission and City Commission may determine the most advisable course
for the city's entryways.
(1) The establishment of a short-term moratorium on newjunkyards or the
expansion of existing ones in the city during the pendency of the legislative process in
which Zoning Code amendments may be developed and considered is necessary in order to
avoid any further development of such junkyards inside the city limits in a manner
potentially in conflict with the policy determinations resulting from that legislative
process.
Section 2. Moratorium. There is hereby established a temporary moratorium on
the licensing of new junkyards or the expansion of existing ones in the City of Salina,
Kansas for a period of ninety (90) days following publication of this ordinance.
Section 3. Definitions. For purposes of moratorium the following terms shall
mean:
(a)' "Junk dealers" means any person or persons who engage in the city in buying,
collecting, trading in, exchanging or otherwise dealing in junk as herein defined, and
shipping, selling or otherwise disposing of the same in truckload or carload lots, and who
conduct such business at or from any yard or place in the city where such junk, while
owned or held by such person, is kept or stored; provided, that the term "junk dealer" as
herein used, shall not include any person classified as an "automobile junk dealer" or as an
"automobile junk parts dealer" as hereinafter defined.
' (b) "Automobile junk dealers" means any person or persons who engage in the
city in the business of buying, selling, storing, exchanging, trading or otherwise dealing in
old automobiles or parts thereof for the purpose of wrecking, dismantling or junking such
old automobiles or parts thereof, except old batteries, old tires or other old automobile
parts which are purchased separately from the automobiles from which they were removed,
or dealing in old automobiles for any purpose other than as vehicles, and who conduct such
business at or from any place in the city where any such old automobiles or parts thereof
are wrecked, dismantled, junked, kept or stored; provided, that this section shall not apply
to regular dealers in new or secondhand automobiles, who may as an incident to their
regular business engage in selling or dealing in old automobiles.
(c) "Automobile junk parts dealers" means any person or persons who engage in
the city in the business of buying, selling, storing, exchanging, trading or otherwise dealing
in old automobiles or parts thereof, except old batteries, old tires or other old automobile
parts which are purchased separately from the automobiles from which they were removed,
or dealing in old automobiles for any purpose other than for use as vehicles, who do not
engage in the business of wrecking, dismantling, junking or storing such old automobiles
or parts thereof within the city, but who engage in the business of selling parts from such
wrecked, dismantled or junked automobiles at or from any store, yard or other place in the
city.
(d) "Scrap metal processor" means any person or persons who engage in the city in
the business of buying, selling, storing, exchanging, trading or otherwise dealing in scrap
metal.
Section 4. Implementation. For the purpose of implementing this temporary
moratorium relating to junkyards.
(a) City staff shall neither:
(1) Process any application for or issue any new junk dealers license; nor
(2) Process any application for or issue any zoning certificate for use of property as
ajunkyard.
(b) City staff shall give a written notice to any pending or future applicant for a
junk dealers license informing the applicant of this temporary moratorium.
Section 5. Effective Date and Term. This ordinance shall be in full force and
effect for and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
Penn"Day, putt' City Vrk
Introduced: April 2, 2007
Passed: April 2, 2007
fcl 0 Ob,—
Donnie D. Marrs, Mayor