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I. The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicant[s], 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[JLand <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 />[J]K. 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 />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 />,TOYINCIL MEMBER, COUNTY OF HA All <br />Hilo, Hawaii <br />Date of Introduction: <br />Date of I st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br />WER.WCE, Comm. FLF.ni <br />