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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 /> 5. 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 /> Should any of the conditions not be met or substantially complied with in a timely <br /> fashion, the Director may initiate rezoning of the area to its original or more <br /> 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 /> INTI ODUCED BY: <br /> t i � <br /> COUNCIL MBER, C 6 V Y +F HAWA `I <br /> • <br /> ODUCED BY: <br /> NCI I EMBER, COUN F HAWAI <br /> Hilo ,Ilawai'i <br /> Date of Introduction: April 20, 2 00 5 <br /> Date of 1st Reading: April 20, 2005 <br /> Date of 2nd Reading: May 4, 2005 <br /> Effective Date: May 16, 2005 <br /> -7- <br /> REFERENCE: Comm. 174.1 <br />