ORS 822.140 Local government approval requirements

To meet the requirement for local government approval of a dismantler certificate under ORS 822.110 or a supplemental certificate under ORS 822.125, an applicant must comply with any regulations established by a city or county under this section and must obtain the approval of the governing body of the:

City, if the business is or will be carried on within an incorporated city of less than 100,000 population.

County, if the business is or will be carried on outside of any incorporated city.

A city or county governing body shall grant approval of a dismantler certificate or renewal when requested under this section if the governing body:

Approves the applicant as being suitable to establish, maintain or operate a motor vehicle dismantling business;

Determines that the location or proposed location meets the requirements for location under ORS 822.110;

Determines that the location does not violate any prohibition under ORS 822.135; and

Approves the location and determines that the location complies with any regulations adopted by a city or county under this section.

The governing body of a city or county may regulate the expansion of premises or the establishment of premises at a new location under a dismantler certificate. An applicant must comply with the regulations before the Department of Transportation may issue a supplemental dismantler certificate. In adopting regulations under this subsection, a governing body:

Shall consider the extent of development of surrounding property as a residential area;

Shall consider the proximity of churches, schools, hospitals, public buildings or other places of public gathering;

Shall consider the sufficiency in number of other motor vehicle dismantling businesses in the vicinity;

Shall consider the health, safety and general welfare of the public;

May establish zones in which motor vehicle dismantling businesses are permissible and other zones where they are prohibited; and

May prescribe limitations on the dimensions of the premises on which motor vehicle dismantling businesses are conducted.

Regulations of a city governing body that are adopted under this section apply to motor vehicle dismantling businesses located outside of and within six miles of the boundaries of the city unless the county governing body in which the area is located has adopted regulations under this section that are applicable in the area.

Before granting approval for a supplemental dismantler certificate, the governing body of a city or county shall notify all property owners that are or that will be adjacent to the motor vehicle dismantling business once the business moves, expands or opens an additional place of business.