Planning Commission Rules, Rule 9

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posted in compliance with this section, and that the applicant and its agents will not remove the sign until the application has been granted, denied, or withdrawn. A photograph of the sign in place shall accompany the affidavit. (d) Hearings Upon acceptance of an SMA Use Permit application, the Commission, through the Department, shall fix a date for the public hearing. The public hearing shall commence no later than ninety days after the acceptance of an SMA Use Permit application by the Director,or within a longer time period as agreed to by the applicant. Promptly after the Commission fixing a date for the hearing, the applicant shall mail a notice of the hearing setting forth the time, date, and place of the hearing to the owners of properties, lessees, and others with a recorded possessory interest in property within three hundred feet of the perimeter boundary of the affected property and to any other person or agency that has made a written request to the Department for advance notice of the hearing, not less than twenty calendar days prior to the date set for the hearing. Prior to the date of the hearing, the applicant shall file with the Commission, through the Director, an affidavit or other similar proof of mailing of said notice.In addition to said notice and at least twenty calendar days prior to the date of the hearing, the Commission shall give public notice of the time, date, and place of the hearing at least once in the County. Any failure to mail or to receive the public notice shall not invalidate the proceedings, provided further that the proceedings conform to the requirements of Chapter 91, HRS, as amended. These aforementioned notice requirements are not required for subsequent hearing dates upon the same application. At the hearing, all interested persons shall be afforded an opportunity to be heard. The proceedings shall comply with the requirements of Chapter 91, HRS, as amended, and Commission Rule 4 relating to Contested Case Procedures, where applicable. Any such hearing shall,whenever possible,be held jointly and concurrently with other applicable hearings for the proposed development. The applicant shall submit an additional two hundred fifty ($250) dollars processing fee for each hearing continued at the request of the applicant. The applicant shall also notify all owners of properties, lessees, and other recorded possessory interests in the property within three hundred feet of the perimeter boundary of the affected property of the continued hearing. (e) Grounds for Approval of Special Management Area Use Permits: 9-17