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<br />. <br /> <br />.. <br /> <br />Director upon the following circumstances: I) the non-performance is the result of conditions <br /> <br />that could not have been foreseen or are beyond the control of the applicant, successors or <br /> <br />assigns, and that are not the result of their fault or negligence; 2) granting of the time extension <br /> <br />would not be contrary to the General Plan or the Zoning Code; 3) granting of the time extension <br /> <br />would not be contrary to the original reasons for the granting of the Change of Zone; 4) the time <br /> <br />extension granted shall be for a period not to exceed the period originally granted for <br /> <br />performance (i.e., a condition to be performed within one year may be extended for up to one <br /> <br />additional year); and 5) if the applicant should require an additional extension of time, the <br /> <br />Planning Director shall submit the applicant's request to the County Council for appropriate <br /> <br />action. Further, should any of the conditions not be met or substantially complied with in a <br /> <br />timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate <br /> <br />designation. " <br /> <br />SECTION 3. In the event that any portion of the ordinance is declared invalid, such <br /> <br />invalidity shall not affect the other parts of this ordinance. <br /> <br />SECTION 4. This ordinance shall take effect upon its approval. <br /> <br />INTRODUCED BY: <br /> <br />COUNCIL MEMBER, COUNTY OF HA WAIl <br /> <br />Hilo, Hawaii <br /> <br />Date of Introduction: <br />Date of I st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br /> <br />APPROVED AS TO FORM AND LEGALITY <br /> <br />CORPORA nON COUNSEL <br />DATED: <br /> <br />RtffRENCf: Cornm. <br /> <br />1439 <br /> <br />-3- <br />