The purpose of a variance shall be to prevent or to lessen such practical difficulties and unnecessary physical hardships which are inconsistent with the objective of the Development Code. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity.

A variance shall not be granted as a substitute for, or in lieu of, a change in zone. The power to grant variances does not extend to use regulations. The Planning Commission may grant a variance to a regulation prescribed by the Development Code with respect to the following:

Variance requests shall be processed as a Type B procedure, as indicated in Chapter 12.72. Application for a variance shall be made by the owner of the subject property or authorized agent on a form prescribed by the City and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the criteria noted in Section 12.96.040 of this chapter.

The Planning Commission may grant a variance to a regulation prescribed by the Development Code if on the basis of petition, investigation and evidence submitted, the Planning Commission finds that all of the following conditions exist:

An applicant is allowed a maximum of six months to take action on the variance granted by the Planning Commission. In the event such permitted use is dependent upon the erection or alterations of a building, the building permit for said erection or alteration must be obtained within such six-month period. However, the Planning Commission, upon written request of the applicant, may extend the period an additional six months, but not in excess of 18 months, from the date the first order granting the variance was given.