Temporary uses are characterized by their short term or seasonal
nature and by the fact that permanent improvements are not made to
the site. Temporary uses include, but are not limited to: construction
trailers, leasing offices, temporary carnivals and fairs, parking
lot sales, retail warehouse sales, and seasonal sales such as Christmas
tree sales and vegetable stands, and temporary food vendors. Four
types of temporary uses require permit approval (see subsections A,
B, C, and D of this section):
A. Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than 30 days. Using a Type II procedure under Section
16.208.040, the City shall approve, approve with conditions, or deny a temporary use permit based on findings that all of the following criteria are satisfied:
1. The use is permitted in the underlying land use district and does
not violate any conditions of approval for the property (e.g., prior
development permit approval);
2. The applicant has proof of the property owner's permission to place
the use on his/her property;
3. No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Chapter
16.128, Vehicle and Bicycle Parking;
4. The use provides adequate vision clearance, as required by Chapter
16.120, and shall not obstruct pedestrian access on public streets;
5. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section
16.120.020, Vehicular Access and Circulation;
6. The use does not create adverse off-site impacts including vehicle
traffic, noise, odors, vibrations, glare or lights that affect an
adjoining use in a manner which other uses allowed outright in the
district do not affect the adjoining use; and
7. The use is adequately served by sewer or septic system and water,
if applicable. (The applicant shall be responsible for obtaining any
related permits.)
B. Temporary Sales Office or Model Home. Using a Type II procedure under Section
16.208.040, the City may approve, approve with conditions or deny an application for the use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, but for no other purpose, based on the following criteria:
1. Temporary Sales Office.
a. The temporary sales office shall be located within the boundaries
of the subdivision or tract of land in which the real property is
to be sold; and
b. The property to be used for a temporary sales office shall not be
permanently improved for that purpose.
2. Model House.
a. The model house shall be located within the boundaries of the subdivision
or tract of land where the real property to be sold is situated; and
b. The model house shall be designed as a permanent structure that meets
all relevant requirements of this Code.
C. Temporary Building. Using a Type II procedure, as governed by Section
16.208.040, the City may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on following criteria:
1. The temporary trailer or building shall be located within the boundaries
of the parcel of land on which it is located;
2. The primary use on the property to be used for a temporary trailer
is already developed;
3. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section
16.120.020, Vehicular Access and Circulation;
4. There is adequate parking for the customers or users of the temporary use as required by Chapter
16.128, Bicycle and Vehicle Parking;
5. The use will not result in vehicular congestion on streets;
6. The use will pose no hazard to pedestrians in the area of the use;
7. The use does not create adverse off-site impacts including vehicle
traffic, noise, odors, vibrations, glare or lights that affect an
adjoining use in a manner which other uses allowed outright in the
district do not affect the adjoining use;
8. The building complies with applicable building codes;
9. The use can be adequately served by sewer or septic system and water,
if applicable (the applicant shall be responsible for obtaining any
related permits); and
10. The length of time that the temporary building will be used does
not exceed six months. When a temporary building exceeds this time
frame, the applicant shall be required to remove the building, or
renew the temporary use permit.
D. Temporary
Food Vendors (Food Carts).
1. Definitions.
"Temporary food vendor"
means a person or persons, including a business entity, who
operates an intermittent temporary restaurant, seasonal temporary
restaurant, single event temporary restaurant, or mobile unit as defined
below:
a.
"Intermittent temporary restaurant"
means an establishment that operates temporarily at a specific
location in connection with multiple public gatherings, entertainment
events, food product promotions or other events, at least two of which
are arranged for by different oversight organizations; and where food
is prepared or served for consumption by the public.
b.
"Seasonal temporary restaurant"
means an establishment that operates at a specific location
in connection with multiple public gatherings, entertainment events,
food product promotions or other events that are arranged for by the
same oversight organization; and where food is prepared or served
for consumption by the public.
c.
"Single event temporary restaurant"
means an establishment that operates in connection with a
single public gathering, entertainment event, food product promotion
or other event; and where food is prepared or served for consumption
by the public.
d.
"Mobile unit"
means any vehicle on which food is prepared, processed or
converted or which is used in selling and dispensing food to the ultimate
consumer.
2. Registration Required. No person shall operate as a temporary food
vendor without first registering with the City of Warrenton. Registration
shall be on forms provided by the City. All temporary food vendors
shall be required to provide the following information:
a. Official picture identification in the form of a valid State issued
driver's license, State issued identification card, or valid passport;
b. Current contact information, including a valid mailing address and
phone number;
c. A current Oregon State food handler's certification if handling food;
e. If vending on private property, the street vendor must provide a
copy of the affected property owner's written permission for placement
of a temporary shelter, stand, vehicle or cart; and
f. Any other information deemed necessary to enforce this section.
3. Oregon Revised Statutes Chapter 624 requires all food service vendors
to be licensed in advance of operation. In accordance with ORS 624.020,
all food service venders shall display their license in clear view
of the public during any food service. The following restaurant activities
shall operate as set forth below:
a. Intermittent Temporary Restaurant (ORS 624.082). A person may not
operate an intermittent temporary restaurant without first procuring
a license to do so from the Oregon Health Authority. The intermittent
temporary restaurant license shall be posted in a conspicuous place
on the premises of the licensee.
b. Seasonal Temporary Restaurant (ORS 624.084). A person may not operate
a seasonal temporary restaurant without first procuring a license
to do so from the Oregon Health Authority. The seasonal temporary
restaurant license shall be posted in a conspicuous place on the premises
of the licensee.
c. Single Event Temporary Restaurant (ORS 624.086). A person may not
operate a single-event temporary restaurant without first procuring
a license to do so from the Oregon Health Authority. The single-event
temporary restaurant license shall be posted in a conspicuous place
on the premises of the licensee.
d. Mobile Unit (ORS 624.320). A person may not operate a mobile unit
without first procuring a license to do so from the Oregon Health
Authority. The operator shall post the license in a conspicuous place
on the mobile unit; or, if the operator has multiple mobile units,
the operator shall affix a card, emblem or other device clearly showing
the name and address of the licensee to each mobile unit.
e. Mobile unit carts/trucks/units may move around Oregon. Out-of-state
licenses are not transferable to Oregon. Mobile Units from out of
state, do not have license reciprocity in Oregon. Out-of-state mobile
units shall contact the Clatsop County Public Health Office and get
an Oregon license before operating.
f. Mobile food carts/trucks/units may be licensed in other Oregon counties,
but they are still required to contact the Clatsop County Public Health
Office prior to arrival at any location to discuss their operations.
4. All temporary food vendors cooking with propane shall obtain a Portable
Propane Cooking Devices Permit from the Warrenton Fire and Rescue
Department.
5. Standards of Operation.
a. No temporary food vendor shall:
i. Occupy an area within 10 feet of a crosswalk, alleyway or building
doorway;
ii. Obstruct or impede vehicular or pedestrian traffic;
iii.
Leave a location without first picking up, removing and disposing
of all trash and refuse remaining within a 25 foot radius of their
vending area. Each vendor shall be responsible for maintaining a 25
foot radius around their vending area clean of any trash or debris;
iv. Make any loud noise for the purpose of advertising or attracting
attention to their wares;
v. Leave their shelter, stand, vehicle or cart unattended;
vi. Sell from any location other than the registered location;
vii.
Solicit or conduct business with any persons in motor vehicles
located within any traffic lane on a public street;
viii.
Unreasonably interfere with or obstruct the free flow of pedestrian
traffic or access to businesses; or
ix. Violate any Federal, State or local ordinance, statute or regulation.
b. If vending on private property, the street vendor must prominently
display a copy of the affected property owner's written permission
for placement of the street vendor's temporary shelter, stand, vehicle
or cart at the vending location.
c. Signage. No street vendor shall:
i. Place signs anywhere other than the street vendor's place of business;
ii. Place more than one sign on each of four sides of the street vendor's
temporary shelter, stand, vehicle or cart;
iii.
Place a sign greater than 10 square feet on any side of the
street vendor's temporary shelter, stand, vehicle or cart;
iv. Place signs on vehicles other than the vendor's registered sales
structure or within the road right-of-way;
v. Place signs within 10 feet of a crosswalk, alleyway, or fire hydrant;
or
vi. Place signs in any way that obstructs or impedes vehicular or pedestrian
traffic;
vii.
One hand held sign is allowed for each approaching travel direction
but in no instance shall more than two hand held signs be allowed;
viii.
Hand held signs may only be used on the sidewalk; they shall
not be used in the vehicular right-of-way, including travel lanes,
bike lanes, or parking areas.
6. Violation of this Section. Any temporary shelter, stand, vehicle,
cart or sign in violation of this ordinance may be removed by the
City Administrator or designee 24 hours after written notice is delivered
to the vendor in person or five days after written notice is mailed
to the address registered with the City.
a. Any item(s) removed may be stored by the City up to 30 days or until
the owner redeems the property by paying a storage and removal charge
as established by the City Administrator. The City may dispose of
items left longer than 30 days from the date of notice provided in
this section.
b. Written notice shall include at least the following:
i. A statement that the item(s) are in violation of this section;
ii. The approximate location of the violation;
iii.
Date the item(s) will be removed;
iv. Statement that the removal and storage costs are the responsibility
of the owner or vendor;
v. Statement that the item(s) shall be disposed of after 30 days of
storage;
vi. Cost of removal and storage;
vii.
Location of storage or person to contact concerning storage;
viii.
Statement that the owner or vendor may remove the item(s) at
their own expense prior to the date of removal; and
ix. Statement that further violation will result in immediate removal
without prior notification.
7. Exemption. This section does not apply to non-public events. Non-public
events include sporting events where only the participants, support
staff, and invited guests are served food. This section does not apply
to food carts placed within approved food pods in the C-1 zoning district.
(Ord. 1258 § 2, 2022)
The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted in all residential units (dwellings) located in residential zones, subject to Section
16.208.040 Type II Procedures (Administrative) and the standards of subsections A through H.
A. Appearance
of Residence.
1. The home occupation shall be restricted to lawfully-built enclosed
structures and be conducted in such a manner as not to give an outward
appearance of a business.
2. The home occupation shall not result in any structural alterations
or additions to a structure that will change its primary use or building
code occupancy classification.
3. The home occupation shall not violate any conditions of development
approval (i.e., prior development permit approval).
4. No products and or equipment produced or used by the home occupation
may be displayed to be visible from outside any structure.
B. Storage.
1. Outside storage, visible from the public right-of-way or adjacent
properties, is prohibited.
2. On-site storage of hazardous materials (including toxic, explosive,
noxious, combustible or flammable) beyond those normally incidental
to residential use is prohibited.
3. Storage of inventory or products and all other equipment, fixtures,
and activities associated with the home occupation shall be allowed
in any structure.
C. Employees.
1. There shall be no outside paid employees.
2. Additional individuals may be employed by or associated with the
home occupation, so long as they do not report to work or pick up/deliver
at the home.
3. The home occupation site shall not be used as a headquarters for
the assembly of employees for instruction or other purposes, including
dispatch to other locations.
D. Advertising and Signs. Signs shall comply with Chapter
16.144. In no case shall a sign exceed the residential district standard of four square feet.
E. Vehicles,
Parking and Traffic.
1. One commercially-licensed vehicle associated with the home occupation
is allowed at the home occupation site. It shall be of a size that
would not overhang into the public right-of-way when parked in the
driveway or other location on the home occupation site.
2. There shall be no more than three commercial vehicle deliveries to
or from the home occupation site daily. There shall be no commercial
vehicle deliveries during the hours of 9:00 p.m. to 7:00 a.m.
3. There shall be no more than one client's or customer's vehicle at
any one time and no more than eight per day at the home occupation
site.
F. Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from 7:00 a.m. to 9:00 p.m. only, subject to subsections
A and
E of this section.
G. Prohibited
Home Occupation Uses.
1. Any activity that produces radio or TV interference, noise, glare,
vibration, smoke or odor beyond allowable levels as determined by
local, state or federal standards, or that can be detected beyond
the property line is prohibited.
2. Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to subsections
A through
F of this section.
3. Any uses described in this section or uses with similar objectionable
impacts because of motor vehicle traffic, noise, glare, odor, dust,
smoke or vibration, such as:
b. Animal hospital, veterinary services, kennels or animal boarding.
c. Auto and other vehicle repair, including auto painting.
d. Repair, reconditioning or storage of motorized vehicles, boats, recreational
vehicles, airplanes or large equipment on-site.
H. Enforcement. The Community Development Director or designee may visit and inspect the site of home occupations in accordance with this chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter
16.16, Enforcement.
(Ord. 1175-A § 23, 2013)
The purpose of this section is encourage those who use a portion
of their homes (not accessory structure or dwelling) for client meetings,
bookkeeping, internet-only businesses, telecommuting, or other similar
activity that is accessory, incidental, and secondary to the primary
business use that is conducted off-site or in cyberspace.
Home offices are differentiated from home occupations by having
no measurable affect on the traffic, noise, and appearance of the
residence and surrounding area. Home offices are permitted uses in
all residential zones when a City of Warrenton business license has
been attained. Compliance with the following minimum standards is
required:
A. Appearance
of Residence.
1. The home office shall be restricted to siting within a lawfully-built
primary residence (not accessory structure) and shall be conducted
in such a manner as to give no outward appearance of an office setting.
2. The home office shall not result in any structural alterations or
additions to a structure that will change its primary use or building
code occupancy classification.
3. The home occupation shall not violate any conditions of development
approval (i.e., prior development permit approval).
4. The production of any materials (besides paperwork incidental to
the office) is prohibited within a home office.
5. Equipment other than standard office equipment shall be prohibited
within a home office.
B. Storage.
1. Outside storage, visible from the public right-of-way or adjacent
properties, is prohibited.
2. On-site storage of hazardous materials (including toxic, explosive,
noxious, combustible or flammable) beyond those normally incidental
to residential use is prohibited.
3. Storage of inventory or products incidental to the home office shall
be allowed in any licensed home office.
C. Employees.
1. Other than family members residing within the dwelling that contains
a licensed home office, there shall be no outside employees, including
subcontractors, at the home office at any time.
2. The home office shall never be used as a headquarters for the assembly
of employees for instruction or other purposes, including dispatch
to other locations.
D. Advertising
and Signs. No signs are permitted in conjunction with home offices.
E. Vehicles,
Parking and Traffic.
1. There shall be no commercial vehicle deliveries to or from the home
office at any time. Deliveries, if necessary, shall be coordinated
off-site in a suitable location.
2. There shall be no more than one client's vehicle at the home office
at any one time and no more than two vehicles per day at the home
office site.
F. Business Hours. Home offices do not include allowances for business hours. All business relating to the home office shall be conducted in a manner consistent with subsections
A through
E of this section.
G. Prohibited
Home Office Uses.
1. Any activity or use that meets the definition of a home occupation.
2. Any activity or use that does not meet the standards of this section.
H. Enforcement. The Community Development Director or designee may visit and inspect the site of home office in accordance with this chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter
16.16, Enforcement.