1. Only those structures which have been categorized as “distinctive” or “significant” historic resources by the Historic Landmarks Committee shall be eligible under this section for a variance to the parking requirements.

2. The planning director may grant variances to the parking requirements for up to and including five vehicles. Variances for greater than five vehicles must be granted by the planning commission.

3. Variances approved under this section are not transferable and are valid only for the specific occupancy or use for which they are granted. Any new use proposed for a structure, or on property for which a parking variances has been granted, regardless if such new use is in the same land use category as the old use, must either be provided with the required parking or receive separate approval of a parking variance.

4. All variances shall be recorded by the applicant in the Deed Records of Yamhill County for the purpose of informing any new occupant or owner that the property has been granted a variance and may be subject to conditions.

1. Application shall be made on forms provided by the planning director. The applicant shall provide a site plan and a map showing available public and private parking within 300 feet of the site. The planning director or the planning commission may require the provision of other drawings or material essential to the understanding of the variance request.

2. The planning director or planning commission shall base their decision on the factors listed in subsection C of this section and shall either approve, approve with conditions, or deny the application.

3. A decision by the planning director may be appealed to the planning commission.

4. A public hearing pursuant to the procedures as set forth in MMC 17.72.120 and 17.72.130 shall be held for parking variance requests which are required to be processed before the commission.

1. Is the variance requested the minimum variance which would allow the use while preserving the structure?

2. What is the expected traffic generation of the proposed use? Is it less than the required parking would indicate?

3. What is the peak time use of the proposed use? How does that compare with other uses in the neighborhood?

4. What is the general character of the surrounding neighborhood? Is it commercial, residential, or mixed use in nature?

5. To what degree would the granting of the variance cause an adverse impact on the neighborhood? Could the adverse impacts be negated through conditioning the variance?

6. How many public parking spaces, including street parking spaces, are available in the vicinity of the site?

7. Does the value of saving the specific historic structure outweigh the negative impacts which would result in the neighborhood? Could the structure in fact be lost if the variance were not granted?

1. Preserve the site or structure or preserve the character of the area;

2. Ensure that alterations to the structure are compatible with the historic or architectural character of the structure or neighborhood;

3. Preserve the existing landscaping;

4. Limit the hours of operation of the use or occupancy;

5. Minimize adverse impacts on neighboring property owners. (Ord. 4988 §1, 2015; Ord. 4314 §1, 1985; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).