CORRECTION
A previous version of this news release incorrectly stated that appeals of the Planning Commission are heard by the Planning Commission or a Hearings Officer. The correct information is that appeals of the Planning Department are heard by the Planning Commission or a Hearings Officer.
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Charter amendment to clarify Planning Commission appeals process on Nov. 3 ballot
LĪHUʻE – Kauaʻi voters will decide in the Nov. 3 General Election on a proposed Charter amendment to clarify and expedite the Planning Commission’s appeals process.
Appeals of the Planning Department are currently heard by the Planning Commission or a Hearings Officer. The Charter also lists a third option, the Zoning Board of Appeals, which was added in 2016 but has never been used. The amendment, recommended by the Kauaʻi County Cost Control Commission, would update the Charter to match the current process.
The MidWeek will publish the following explanation, along with the proposed changes to the Charter in Ramseyer format this week.
Copies of the MidWeek publication will be available at the Historic County Building, the Office of Boards and Commissions, and the Office of the Mayor.
Ballot Language: Shall the Kauaʻi County Charter be amended to expedite and clarify the Planning Commission’s appeals process by removing all references to a Zoning Board of Appeals?
Purpose: The Zoning Board of Appeals has never been used, and its functions are being handled by Hearings Officers and the Planning Commission. This amendment would remove the Zoning Board of Appeals from the Charter and align the Charter with the current process.
Background: The appeals process for the Planning Commission consists of three (3) options. An appeal may be heard by the Planning Commission, a Hearings Officer, or the Zoning Board of Appeals, although the Zoning Board of Appeals has never actually been used.
The Planning Commission has the discretion to conduct the hearing or refer the hearing to a Hearings Officer or the Zoning Board of Appeals. However, the Zoning Board of Appeals has never been put into practice, so appeals are currently managed by the Planning Commission and Hearings Officers. The Kauaʻi County Cost Control Commission recommends removing the Zoning Board of Appeals to clarify and expedite the appeals process.
The Zoning Board of Appeals was added to the charter in 2016, to reduce the workload of the Planning Commission. However, it has proven unworkable to find volunteers willing and able to commit to successive days and sometimes weeks of hearings in highly legalistic procedures. The duration of one hearing consisted of eight (8) hours a day and continued for nine (9) days. As a result, no Zoning Board of Appeals has been installed since it was created.
The appeals process is a hearing that is similar to a court proceeding with witnesses, cross-examination, and presentation of evidence. The Hearings Officers are attorneys that are familiar with the legal procedures and rules involved in these hearings. To use a volunteer board of seven people without legal training to conduct these hearings would likely result in more time and more costly court litigation. A neighboring county with a Zoning Board of Appeals is experiencing a two (2) year backlog of hearings and is considering using a Hearings Officer instead.
For more information, please contact Anela Davis at the Office of Boards and Commissions at 808-241-4917 or adavis@kauai.gov.
If you need an ASL interpreter, materials in an alternate format, or other auxiliary aid support, or an interpreter for a language other than English, please contact Anela Davis at the Office of Boards and Commissions at 808-241-4917 or adavis@kauai.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
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