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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 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 may be extended for up to one additional year). <br />M. Should any of the conditions not be met or substantially complied with in a timely <br />fashion, the Director may initiate rezoning of the subject 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 />Hilo, Hawaii <br />Date of Introduction: February 4, 1998 <br />Date of 1st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br />rATROD110ED BT: <br />February 4, 1998 <br />February 18, 1998 <br />February 24, 1998 <br />7PRVED AS TO FO AND LEGALITY <br />Ci.� <br />DEPM CORPORATION COUNSEL <br />DATED: 21-2 3Hg' <br />in <br />