18A.20.208 Applicability – Nonconformities.
A. This article shall apply to legally existing nonconformities, except the following items, which shall be governed by the standards set forth in the chapters identified below:
1. Nonconforming uses and structures within the Downtown Subarea Plan, as governed in LMC Title 18B.
2. Nonconforming uses and structures within the Lakewood Station District Subarea Plan, as governed in LMC Title 18C.
3. Nonconforming signs as defined in Chapter 18A.100 LMC, Signs.
4. Nonconforming wireless service facilities as defined in Chapter 18A.95 LMC, Wireless Service Facilities.
5. Nonconforming mobile home parks as defined in LMC 18A.40.110(C), Manufactured Home Parks. Manufactured and mobile home parks which were legally approved prior to the effective date of this title may continue to exist; provided, that the density of the park does not increase over the number of dwelling units legally existing on the effective date of this title. Manufactured home sites within legally nonconforming manufactured home parks may continue to be used; provided, that the placement of newer manufactured homes does not result in encroachment of the dwelling beyond the lot space boundaries or into the right-of-way and fire code requirements for structure spacing are met.
6. Nonconforming sexually oriented businesses as defined in the Chapter 18A.50 LMC, Article III, Sexually Oriented Businesses Overlay.
7. Permit applications at the time of this title’s passage that constitute vested development.
i. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in the public record, except when they constitute a vesting.
ii. Nothing in this article shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as a nonconformity. [Ord. 751 § 4 (Exh. C), 2021; Ord. 726 § 2 (Exh. B), 2019.]