Lake County Zoning Code § 60.1 Expiration

• (a) Each valid unrevoked and unexpired minor use permit, major use permit, variance permit, development review permit, design review permit, zoning permit, or zoning clearance permit shall expire and become null and void at the time specified in the permit; or if no time is specified, then the permit shall expire two (2) years after granting unless in either case substantial physical construction and/or use of the property in reliance on the permit has commenced prior to its expiration; provided, however, that the period within which such construction and/or use must be commenced, may be extended as provided by Section 60.1[c] or 60.33. If any use permitted by one of these permits is abandoned for a period of two (2) years, then the permit as it relates to that use shall expire and be null and void, and any subsequent use of the property shall conform to the current regulations of the particular zoning district in which the property is located. “Substantial physical construction and/or use of the property in reliance on the permit” as used within this Article and Code shall have the following meaning(s): (Ord. No. 1749, 7/7/1988; Ord. No. 1897, 12/7/1989; Ord. No. 2128, 1/14/1993)

  1. A documented expenditure of at least fifteen (15) percent of the total estimated cost of the project (excluding land and financing costs) or construction of buildings or facilities; up to one-third (1/3) of the costs may be for grading; or

  2. A documented expenditure of at least fifteen (15) percent of the total estimated cost of the project (excluding land and financing costs) on preparation of construction plans including: grading, drainage, building, engineering, architectural and landscape plans; or

  3. For projects utilizing existing buildings, or for uses not requiring construction; the intended purpose or activity for which the permit was issued must be commenced. (Ord. No. 1897, 12/7/1989)

• (b) Notwithstanding Subsection (a) above, if a use permit or specific plan of development is issued in conjunction with the approval of a subdivision map pursuant to the County Subdivision Ordinance, the use permit or specific plan of development shall remain in full force and effect for the duration of the tentative approval for that subdivision map and, if the subdivision map does not receive final approval, the use permit or specific plan of development shall expire upon expiration of the tentative map. If the subdivision map receives final approval, the use permit or specific plan of development shall expire one (1) year after recordation of the final or parcel map unless construction and/or use of the property in reliance of the permit has commenced prior to its expiration; provided, however, that the period within such construction and/or use must be commenced may be extended pursuant to Subsection (c) below or Section 60.1(c). (Ord. No. 1749, 7/7/1988)

60-1

• (c) If prior to expiration of a permit, the applicant files a written application for extension, the period within which substantial physical construction or use commenced, may be extended one (1) year by order of the Planning Director, Zoning Administrator, Development Review Committee, Planning Commission, or Board of Supervisors, whichever granted the permit, at any time within ninety (90) days of the date of expiration. An application for such an extension shall be made on the prescribed form and shall be accompanied by any applicable fee as established by the Board of Supervisors. (Ord. No. 1749, 7/7/1988)