(A) Compliance with the provisions of § 150.31(A)(1) through (A)(4), and § 150.32, shall be a condition of any building permit issued for a building located or to be located within the fire limit area; however, upon written application, the Town Council may grant a variance from strict applicability of any of the foregoing regulations, to the extent that such variance does not permit a lesser standard than generally established in the Town Building Code or in any applicable fire safety laws or regulations of the state, if any of the following circumstances are found to exist:
(1) The building concerned is of special historic or architectural significance as recognized by a federal, state or county authority or by the Town Council, and strict applicability of the regulations would not be consistent with the preservation of its historic or architectural character;
(2) The location of the building or structure in terms of the separation between it and surrounding structures, or in terms of the character of surrounding structures, is such as to nullify any unusual fire danger which might otherwise result from the maintenance of a noncomplying condition;
(3) The building is equipped or to be equipped with compensatory fire prevention or fire control systems adequate to nullify any unusual fire danger which might otherwise result from the maintenance of a noncomplying condition; or
(4) The applicant can show to the satisfaction of the Town Council that strict applicability of the regulations would, under the circumstances, work an undue and unreasonable hardship in disproportion to any accruing benefits or safeguards to the public safety resulting from insistence on strict compliance.
(B) An applicant for a variance under this section shall submit with the application a nonrefundable administrative fee of $10, payable to the town. The Town Council shall provide the applicant and the Building Inspector with a written determination of its approval or denial of the variance. The Town Council may impose such conditions to the terms of the variance as it sees fit.
(1984 Code, § 8-6-4) (Ord. 536, passed - -)