Lake County Zoning Code § 69.11 Periodic Review

• (a) Time for and initiation for review:

  1. The Planning Commission shall review the development agreement every twelve (12) months from the date the agreement is entered into.

  2. The time for review may be modified by affirmative vote of at least three (3) members of the Planning Commission.

• (b) Notice of periodic review: The Planning Director shall begin the review proceeding by giving notice that the County intends to undertake a periodic review of the development agreement to the property owner or successor in interest. He shall give the notice at least thirty (30) days in advance of the time at which the matter will be considered by the Planning Commission.

• (c) Public hearing by Planning Commission: The Planning Commission shall conduct a public hearing at which time the property owner or successor in interest must demonstrate good faith compliance with the terms of the agreement.

• (d) Findings upon public hearing: The Planning Commission shall determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the agreement.

• (e) Procedure upon findings:

  1. If the Planning Commission determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

  2. If the Planning Commission finds and determines on the basis of substantial evidence the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may initiate proceedings to modify or terminate the agreement.

  3. The property owner may appeal a determination pursuant to Subsection 69.11(e)2 above the Board of Supervisors as provided for in Section 58.30.

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