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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 Director 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 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 />