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<br /> <br /> <br /> <br /> <br /> <br /> within the ordinance may be granted by the Planning Director <br /> <br /> upon the following circumstances: 1) the non-performance is <br /> <br /> the result of conditions that could not have been foreseen or <br /> are beyond the control of the applicants, successors or <br /> <br /> assigns, and that are not the result of their fault or <br /> <br /> negligence; 2) granting of the time extension would not be <br /> contrary to the general plan or zoning code; 3) granting of the <br /> <br /> time extension would not be contrary to the original reasons <br /> <br /> for the granting of the change of zone; 4) the time extension <br /> <br /> granted shall be for a period not to exceed the period <br /> originally granted for performance (i.e., a condition to be <br /> <br /> performed within one year may be extended for up to one <br /> <br /> additional year); and 5) if the applicant should require an <br /> additional extension of time, the Planning Director shall <br /> <br /> submit the applicant's request to the County Council for <br /> <br /> appropriate action. Further, should any of the conditions not <br /> <br /> be met or substantially complied with in a timely fashion, the <br /> Director [may] shall initiate rezoning of the area to its <br /> <br /> original or more appropriate designation." <br /> <br /> SECTION 2. Material to be deleted is bracketed. New <br /> material is underscored. <br /> <br /> SECTION 3. In the event that any portion of this ordinance <br /> <br /> is declared invalid, such invalidity shall not affect the other <br /> <br /> parts of this ordinance. <br /> <br /> <br /> <br /> <br /> -3- <br />