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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 year). <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 property to its original <br />or 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 <br />COUNCIL MED~IBER, COUNTS OH HAWAII <br />Hawaii <br />Date of Introduction: <br />Date of 1st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br />1299 1 <br />REFERENGE~ C,o~r~n. _. <br /> <br />-10- <br />