The LCC may upon appeal authorize a variance from the requirements of this article. The granting of a variance shall:

(1)

Be consistent with the spirit and purpose of this chapter as stated in section 20-1704.

(2)

Not permit an activity or practice that may fail structurally or otherwise and cause significant water pollution or other offsite impacts.

(3)

Be due to unique circumstances and not to the general conditions of the area.

(4)

Not be granted unless it is shown that the variance will not be contrary to the public interest and will not be damaging to the rights of other persons.

(5)

Not be granted solely on the basis of economic gain or loss.

(6)

Not be granted solely on the fact that certain conditions existed prior to the effective date of the ordinance from which this article is derived.

The LCC may consider decisions made by the LCD, in accordance with local ordinance provisions, when making its determination whether to accept or deny the variance.

(Ord. No. 2012-24, 6-26-12)