A. If a use, which requires a conditional use permit, has been discontinued for a period of five (5) years, the use shall not be reestablished unless a new conditional use permit is granted pursuant to the provisions set forth in this article. For purposes of determining whether a use has been discontinued, the property owner shall have the burden of proof in demonstrating a continuation of the use.
1. Exceptions:
a. Owners of properties impacted by circumstances that are out of the property owner's control, including, but not limited to, government regulations, the presence of hazardous substances on the property that must be removed in order for the property to be developed with the approved use, or an extended statewide economic downturn, may request an extension of the five (5) year period from the planning commission. The planning commission must make the following finding in order to grant an extension:
(1) The conditionally permitted use is not substantially adverse to the public health and safety of the neighborhoods adjacent to the property.
b. Residential uses.
c. Medical uses. Such uses shall be governed by section 10-3-1620.1 of this chapter.
d. Reestablishment of a conditionally permitted use may occur after the passage of five (5) years, provided that a complete application for either a planning entitlement or building permit associated with such reestablishment has been filed prior to expiration of the five (5) year time limit, provided the application is subsequently approved by the city. (Ord. 16-O-2702, eff. 5-20-2016)