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(H) an extension of time for the Performance of conditions within the ordinance <br /> may be granted by the Planning Director upon the following circumstances: <br /> 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 <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 /> 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 <br /> within one year may be extended for up to one additional year); and <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. Further, should any of the conditions not <br /> be met or substantially complied with in a timely fashion, the Director <br /> shall initiate rezoning of the area to its original or more appropriate <br /> designation." <br /> SECTION 2. Material to be deleted is bracketed. New material is underscored. <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 /> -5- <br />