A nonconforming use, which was not initially established in violation of the town code, may continue with normal repairs and maintenance. A nonconforming building or a building containing a nonconforming use which has been damaged by fire or other causes may be restored to its original condition provided such work is started within six months of such calamity and completed within one year of the time the restoration is commenced. If active and continuous operations are not carried on in a nonconforming use during a continuous period of twelve months, the building, other structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used for a conforming use unless otherwise approved by the Town Council.

(Ord. No. 621, Enacted, 3/7/83; Ord. No. 762, Amended, 05/25/2000; Ord. No. 800, Amended, 05/12/2003; Ord. No. 806, Amended, 09/08/2003; Ord. No. 807, Amended, 10/27/2003

A landowner may request a special use permit to allow a new non-conforming use or to change an existing non-conforming use by following the process of this chapter and the Lovell Town Council may grant a special use permit by following the process of this chapter provided that the granting of such a permit will be in harmony with the general purposes and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(a)

A written application for a special use permit or change of non-conforming use under this chapter must be submitted to Town Hall at least five days in advance of the regular planning and zoning commission (commission) meeting. The application shall contain a detailed plan and schedule for the proposed non-conforming use. This may include a plot plan, including traffic and parking scenarios, and property description.

(b)

At its initial consideration of the application for a special use permit the commission shall set a date for a public hearing on the requested special use permit.

(c)

A hearing on a special use permit shall be preceded by at least fifteen days notice in the official newspaper of the town and by notice to all adjacent landowners by certified mail. Notice shall be at the expense of the applicant.

(d)

After the hearing on the proposed special use permit the commission shall within fifteen days recommend to the Town Council the approval or rejection of the requested special use permit. Such approval recommendation will be restricted to the current owner and may be temporary in nature. Approval may also be subject to restrictions, which may include but are not limited to the following: hours of operation, number of employees, lighting, parking, noise or deliveries.

(e)

Upon receiving a recommendation for approval or rejection of a special use permit, the council shall at its next regular or special meeting set the date for a public hearing on the proposed special use permit. Such hearing shall be preceded by at least fifteen days notice in the official town newspaper. Notice shall be at the expense of the applicant.

(f)

After holding its hearing on the proposed special use permit the council shall within thirty days approve or reject the special use permit by majority vote. If the council approves the special use permit, the use permit will be restricted to the current owner and may be temporary in nature. Approval may also be subject to restrictions, which may include but are not limited to the following: hours of operation, number of employees, lighting, parking, noise, and deliveries.

(g)

Where twenty percent or more of the adjacent landowners file a written protest to the change, at least seventy five percent of the members of the council must vote in favor of the change to secure its approval.

(h)

Any change of non-conforming use by means of this sections nullifies and negates any other rights or privileges granted under Section 26-18-010 of the Lovell Town Code for a continued non-conforming use. All future non-conforming activities will be governed by the special use permit and may not revert back to a previous non-conforming use without a new special use permit.

(Ord. No. 807, Enacted, 10/27/2003)