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~ <br /> 1. The non-performance is the result of conditions <br /> that could not have been foreseen or are beyond <br /> the control of the applicant, successors or <br /> assigns, and that are not the result of their <br /> fault or negligence; <br /> 2. Granting of the time extension would not be <br /> contrary to the General Plan or Zoning Code; <br /> 3. Granting of the time extension would not be <br /> contrary to the original reasons for the granting <br /> of the change of zone; and <br /> 4. The time extension granted shall be for a period <br /> not to exceed the period originally granted for <br /> performance (i.e., a condition to be performed <br /> within one year may be extended for up to one <br /> additional year). <br /> E. Should any of the conditions not be met or <br /> substantially complied with in a timely fashion, the <br /> Director may initiate rezoning of the area to its <br /> original or more appropriate designation. <br /> SECTION 3. In the event that any portion of this <br /> <br /> ordinance is declared invalid, such invalidity shall not affect <br /> the other parts of this ordinance. <br /> -3- <br /> <br />