Waivers of Impact Fees
The only waiver approved by the Lake County Board of County Commissioners is available for residential projects for low and very-low income eligible homes. For more information on how to apply, call the Lake County Community Services Department, Housing & Community Development Division, at 352-742-6540. The waiver is for 50 or 75 percent reduction in impact fees. Waivers are conditioned upon the applicant entering into a recapture agreement with Lake County for the waived fees upon the sale or other transfer of the property to a person who does not qualify for the waiver within five (5) years of the date the waiver was granted. Should no funding source be available, or should an available funding source be inadequate to cover the total amount of the impact fees that are being waived, the waiver shall not be granted unless or until funding becomes available.
Credits for Impact Fees
If an individual is building on a property that has had a legally existing structure on it previously, the individual is given credit for the impact fees paid or vested for the previous use. For example, if a property owner tears down a residence that was legally there and replaces it with a home with the same area or less, there will be no impact fees due. Verification of the legal structure will be required.
Impact Fee Refunds
Impact fees can be refunded, less a $40 refund processing fee, upon expiration or cancellation of a building permit, provided the owner of record submits an application for refund within 180 days of the expiration or cancellation.
Exemptions from Impact Fees
As a result of a Florida Supreme Court decision in May 2000, no school impact fees are charged if the community an individual is building in operates as an adult only community and has filed a request for this category with the County Attorney and had it approved. To apply for the designation, please complete the appropriate application (available below) and submit to the County Attorney’s office: Lake County Attorney, ATTN: Diana Johnson, P.O. Box 7800, Tavares, FL 32778.
In addition, Lake County Code, Chapter 22, Impact Fees, section 22-14, as amended by Ordinance 2017-25, lists several exemptions from impact fees. These are:
- Alterations or replacements of an existing non-residential building or dwelling units or construction of an accessory building to the non-residential building, provided that the use is not changed, and provided there is no increase in the impacts to public facilities and services.
- Alterations or replacements of an existing dwelling unit or construction of an accessory building or accessory structure where no additional dwelling units are created provided that the use is not changed. This provision does not exempt accessory dwelling units.
- Conditional use permits allowing the installation of a temporary mobile home for the care of an elderly infirm person where bond is posted for removal of the temporary housing.
- County-recognized nonresidential farm buildings.
- Any residential construction that qualifies as housing for older persons and meets the requirements outlined in section 22-14 (5) shall be exempt from payment of the school impact fee.