Informal legislative discussion on House Local Bill 24‑5 to define automobile sales and service; no formal action taken

The legislative zoning committee met in an informal, recorded session to discuss House Local Bill 24‑5, a proposal to add a definition of "automobile sales and service" to the zoning code and require screening for those businesses when they are adjacent to village residential, village commercial, rural, mixed commercial or Beach Road zoning districts. The committee could not take formal action because the Office of the Governor's Administration (OGA) notice and agenda were not published in time.

The bill’s author said the proposal seeks "pretty much just [to] define automobile sales and services so that the uses on certain zoning districts allow it," and characterized the measure as aiming to make an otherwise conditional practice a permanent, recognized use in particular zones. The measure also includes a screening requirement that would require ‘‘appropriate vegetation or fencing designed to minimize the business visual noise and operational impacts,’’ according to the draft language read into the record.

Zoning Administrator Theresa Gamaro told the committee that the draft definition, as written, overlaps with the existing "vehicle repair general" use and includes activities—"for instance, paint work, body work, and detailing and stuff"—that the zoning office considers intense and that typically trigger a conditional‑use review and public hearing before the zoning board. Gamaro asked for more time for staff to develop a definition that distinguishes sales-only activities from repair activities and to prepare the proposed text amendments as part of a package for board review and public comment.

Representative Marissa Flores pressed zoning staff for records of a prior conditional‑use approval mentioned by members and asked whether any time limits or conditions were attached to that approval; the zoning administrator said minutes of the conditional‑use review exist in the office and can be furnished. Flores also suggested that the committee consider rezoning the corridor near the port as industrial and asked zoning to study the area as part of planned text and map amendments.

Members raised concerns about equity for small businesses and the enforceability of conditional permits. Several legislators used a longstanding, high‑profile dealer (referred to in the record as "AK") as an example. Committee members asked whether AK or similar businesses would be prevented from operating while amendments are drafted; Gamaro replied she had no knowledge of any action preventing current operations and said existing conditional permits allow operation while they remain in effect. Members also asked whether carving repair activities out of a dealership definition would create enforcement or investment risk; Gamaro said vehicle repair activities are currently the ones that typically prompt board review because of potential environmental, noise and other impacts.

Legal counsel explained that the legislature sets the zoning code framework while the zoning board and administrator have authority to promulgate regulations and initiate certain map or use changes under the code (section discussed in session as "7242"). Counsel also noted that changes to boundaries, uses, or requirements may be initiated by the board and that the legislature could also enact changes through law.

No motion, amendment or vote on House Local Bill 24‑5 occurred during the session because the committee lacked the required OGA notice and therefore was informal. Members signaled they want zoning staff and the zoning board to produce refined language, that the committee should be furnished conditional‑use minutes for prior approvals, and that the author and chair will discuss whether to schedule a formal committee meeting or pursue a floor amendment at a later legislative session.

The committee recessed after the discussion. Zoning staff said they expect to package proposed text amendments for board review and public comment, with a target transmission window mentioned in the discussion as late September to late November, and the chair said she would follow up with the bill author and the zoning board about timing.