The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the purposes of the zoning title as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. 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, or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the purposes of the zoning title is provided by the conditional use provisions of this title.

Variances may be granted to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities, in accordance with the procedure prescribed in this chapter.

The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.

The Planning Commission shall hold a public hearing for any application for a variance. Notice of the public hearing shall be given pursuant to Section 18.52.082.

A variance shall be valid for one year following the date on which the variance became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the variance application. The phrase, "construction is commenced" shall be defined to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

A variance may be renewed for an additional period of time not to exceed one year provided that prior to the expiration of one year from the date when the variance permit originally became effective an application for renewal is made to the Commission. The Commission may grant or deny all applications for renewal of a variance.

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.