(A) The Board of Zoning Appeals shall determine and vary the regulations of this chapter in harmony with its general purpose and intent, only if the Council makes specific findings of fact, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter which is unduly injurious to the property in question and the owner of said property.
(B) Any property owner who acquires property in the Downtown Business District Area after the adoption of this subchapter must apply for a variance from any of the above conditions, or face penalties and/or fines consistent with violations of the town nuisance ordinance presently in effect.
(C) All existing property owners with their existing buildings are exempt from this subchapter and any violations of same are “grandfathered”. However, if the ownership of a property within the described district changes or a building is changed or lost, this subchapter will is applicable to the property.
(Ord. 2007-715, passed 2-21-2007)