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;
d. 
The location of vending;
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:
a. 
Ambulance service.
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.