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1. The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicant, successors or assigns, <br /> 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 within <br /> one year maybe extended for up to one additional yearj. <br /> Should any of the conditions not be met or substantially complied with in a timely <br /> fashion, the Planning Director may initiate rezoning of the area to its original or <br /> more appropriate designation. <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <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 /> UN IL ME R, T OF HAW I` <br /> Hilo , Hawaii <br /> Date of Introduction: November 24, 2004 <br /> Date of 1st Reading: November 24 , 2004 <br /> Date of 2nd Reading: January 5, 2005 <br /> Effective Date: January 11, 2005 <br /> -7- <br /> <br /> R~FER€±iCE: Comm. 824.3 <br /> <br />