ZBA recommends a sanctions and appeal process for conditional‑use violations to be adopted by county board

As part of its findings and recommendations, the ZBA proposed a sanctions framework for enforcement of conditions attached to conditional‑use permits.

Under the ZBA’s recommended scheme, the zoning administrator would investigate alleged violations and, if a violation likely exists, issue a detailed notice of violation. Penalties in the draft scheme escalate: first violation fine of $10,000 with a 30‑day payment deadline and potential cease‑and‑desist; second violation fine of $25,000; third violation fine of $50,000 with a petition for revocation of the special‑use permit if fines remain unpaid or violations persist.

The draft also describes an appeal procedure: the permit holder may file a written notice of appeal with the zoning administrator within 15 days of the notice of violation; payment of the fine would be stayed pending the zoning hearing officer’s decision. The zoning hearing officer may reverse, modify or affirm the zoning administrator’s determination; decisions on appeal as described in the record would be final under the local scheme until the county board or applicable review process acts.

The three ZBA members voted to recommend the sanctions and appeal process to the county board as a general enforcement framework that would apply to conditional use permits if adopted by the county board.