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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 applicant, successors or assigns, <br /> 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 within <br /> one year may be extended for up to one additional year). <br /> 5. If the applicant should require an additional extension of time, the <br /> Planning Department shall submit the applicant's request to the County <br /> Council for appropriate action. <br /> Should any of the conditions not be met or substantially complied with in a timely <br /> fashion, the Planning Director may initiate rezoning of the 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 /> -9- <br />