A. The applicant is required to provide notice of application at the time of submitting the application.

B. The applicant must send notice of the date, time, place, and topic of the public hearing to the owners and lessees of record who are adjacent to the subject property by certified mail with return receipt requested at least thirty calendar days before the hearing date. The applicant must also submit any updated names and addresses of these owners and lessees gleaned from the return re The applicant must provide to the Commission any certified mail receipts obtained for the certified mail sent out, not later than ten working days prior to the date of the public hearing. The following conditions must be met in order for notice to be lawfully provided for the purposes of this section:

1. The applicant should use reasonable efforts to distribute, by certified mail, return receipt requested, to all owners and lessees of record situated next to and across the street from the subject property, copies of the notice of public hearing in a form authorised by the director of public works.

2. Three weeks prior to the date of the public hearing, the applicant must publish a copy of the notice of the public hearing in a format approved by the director of public works once a week for three weeks in a newspaper with general circulation that is printed and distributed at least twice weekly in the County.

C. In accordance with the County of Maui's charter (1983), as amended, the terms of this article, and the guidelines outlined in this chapter, the board of variances and appeals may grant deviations from the rules of this title if it determines that doing so would be difficult for the subject property's owner due to its unique physical surroundings, shape, or topographical condition.

1. If the board determines that any of the following applies to any County location outside of the Wailuku redevelopment area:

A physical or geographical condition on the subject property that is extraordinary, singular, or peculiar that is not typically present in the neighbourhood or the region around it exists, and the use for which a variance is requested won't significantly change the community's core characteristics.

b. The subject property would not be able to be used reasonably if the relevant requirements of this section were strictly followed.

c. Any circumstances posing a hardship are not the consequence of whatever the applicant did in the past.

2. Within the Wailuku redevelopment area, exceptions from strict adherence to this title, the Wailuku redevelopment area design guidelines, or the Wailuku redevelopment plan may be allowed if the deviation is in keeping with the goals of economic revitalization or conservation, including the conservation and protection, maintenance, and management of natural or man-made resources, and if one or more of the following circumstances justifies the deviation:

a. The geography of the site prevents complete compliance.

b. As shown by public testimony, long-standing regional habits, cultures, and local characteristics assure that the community and market will continue to tolerate the variance.

c. The site's design and plans include enhanced or compensatory elements that will provide comparable appeal and usefulness.

d. The project will further the vision, guiding principles, and goals of the Wailuku redevelopment plan while repurposing and revitalising historic structures and assets.

D. In order to safeguard the public's health, safety, and welfare, mitigation measures must be integrated into the project for deviations within the Wailuku redevelopment area. In the Wailuku-Kahului community plan area, the board is not allowed to approve deviations for land zoned for single-family use.

E. The requirements of the County's general plan and community plan must be followed by the board of variances and appeals. The board cannot approve a variance request that calls for a use that conflicts with the subject property's classification in the relevant community plan.

F. The board of variances and appeals must conduct a public hearing and consider the director of public works' report for each application for a deviation. The director of public works is required to provide the board a written recommendation after the public hearing that urges the board to accept, accept with restrictions specified by the director, or refuse the request for a variance. The board must decide on the application within sixty calendar days after the date of the public hearing, unless a formal, disputed case hearing on the application has been authorised by the board.