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I . The non-performance is the result of conditions that could not have becn <br /> foreseen or are beyond the control of the applicants, its successors or <br /> assigns, and that are not the result of their fault or negligence. <br /> 2. Granting of the time extension would not be contrary to the General Plan <br /> or Zoning Code. <br /> 3. Granting of the time extension would not be contrary to the original <br /> reasons for the granting of the change of zone. <br /> 4. The time extension granted shall be for a period not to exceed the period <br /> originally granted for performance (i.e., a condition to be performed <br /> within one year maybe extended for up to one additional year). <br /> N. Should any of the conditions not be met or substantially complied with in a timely <br /> fashion, the Director may initiate rezoning of the area to its original or more <br /> appropriate designation. <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br /> <br /> invalidity shall not affect the other parts of this ordinance. <br /> SECTION 4. This ordinance shall take effect upon its approval. <br /> INTRODUCED BY: <br /> < <br /> c, <br /> COUNCIL ME BE COU TY OF AI`1 <br /> Kona ,Hawaii <br /> <br /> Date oflntroduction: November 10, 2004 <br /> <br /> Datc of 1st Reading: November 10 , 2004 <br /> <br /> Date of 2ndRcading: November 24, 2004 <br /> Effective Datc: December 8, 2004 <br /> E4~°E2c"IvCf: Comm. 786.3 -R- <br /> <br />