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1. The non-performance is the result of conditions that could not have been <br /> foreseen or aze beyond the control of the applicant, 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 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 may be extended for up to one additional year). <br /> Q. Should any of the conditions not be met or substantially complied with in a <br /> timely fashion, the Director may initiate rezoning of the subject area to its <br /> original or more 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 /> INTRODUCEI~BY: <br /> 'COUNCIL MEMBER, COUNTY OF HAWAII <br /> Hilo, Hawaii <br /> Date of Introduction: November 6 , 19 9 8 <br /> Date of 1st Reading: November 6, 1998 <br /> Date of 2nd Reading: November 18, 1998 <br /> Effective Date: December 7, 1998 <br /> VBD AS TO~~F~~ AND LEGALITY <br /> c. `.~'~..'~!ft~ts..~-.-.-~- <br /> CORPORATION CO SEL <br /> DATED: l~~ zs-~u <br /> -7- <br /> <br />