Lake County Zoning Code § 61.1 Interpretation

• (a) Except as specifically provided herein, this Chapter shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulation or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided however, in any instances where this Chapter imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by an existing law, ordinance or regulation, the provisions of this Chapter shall control.

• (b) Whenever the Planning Commission of the County of Lake is called upon to determine whether or not the use of land or any structures in any district is similar in character to the particular uses allowed in a district, the Commission shall consider the following criteria for their determination:

  1. The proposed use’s consistency with the purpose and applicability sections of the zoning district.

  2. That the proposed use is compatible with and not materially different from other uses permitted in the zoning district.

  3. The effect upon the public health, safety and general welfare of the neighborhood involved and the County at large.

  4. The effect upon the orderly development of the area in question and the County at large in regard to the general planning of the whole community.

• (c) The Planning Director shall determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district and shall consider the criteria of Section 61.1(b)1-4. The Planning Director may request a resolution of interpretation from the Planning Commission as provided for in Section 61.1(b). (Ord. No. 1749, 7/7/1988)

• (d) The Planning Commission shall have the power to hear and decide administrative appeals based on the enforcement or interpretation of the provisions of this Chapter.

• (e) Any person who has been issued a written Notice of Violation or stop Work Order for any violation of a provision of this Chapter by a County official or employee authorized to enforce said provisions, may, within seven (7) calendar days of receipt of said Notice of Violation or Stop Work Order, file an administrative appeal in writing to said determination of violation to the Planning Commission after payment of the required fee. Enforcement actions which consist of the

61-1

issuance of a citation for a violation of this Chapter shall not be appealable. (Ord. No. 1749, 7/7/1988)

A written notice of violation shall set forth in detail each of the following:

1. The Chapter(s), Article(s), and Section(s) alleged to be violated;

2. The date(s) of such violation(s) including a statement as per whether each such violation(s) is alleged to be a continuing violation;

3. A general statement setting forth the corrective action(s) which may be taken to eliminate any alleged violation. (Ord. No. 1749, 7/7/1988)

• (f) Upon receipt of such administrative appeal and any required fee, the Planning Commission shall set the matter for hearing at the next available regularly scheduled meeting of the Commission. Notice of the time and place of the hearing shall be provided to the appellant. (Ord. No. 1749, 7/7/1988)

• (g) The Planning Commission shall render its decision at the close of the hearing.

• (h) The decision of the Planning Commission on an administrative appeal shall be final, conclusive and effective immediately, unless an appeal of the Planning Commission decision is filed with the Board of Supervisors as provided in Section 21-58.30 of this Chapter. (Ord. No. 1897, 12/7/1989)