A. The owner of an existing multi-tenant complex on property located within overlay zones EA-2 or EA-3 may submit a written application to the zoning administrator, requesting permission to establish or modify a land use that is identified in Exhibit B as a "Conditional Use," and is not prohibited by any other provision in this title or code.
B. The application shall include:
1. A processing fee in the amount established by city council resolution;
2. Evidence that the proposed or modified use satisfies the finding mandated in subsection C.2 of this section; and
3. Other information as may be requested by the zoning administrator.
C. Not more than 30 days after receipt of a complete application, the zoning administrator shall either:
1. Notify the applicant in writing that the zoning administrator has determined that the use should not be permit-ted, and a brief statement of the reasons for the determination;
2. Without holding a hearing, approve or conditionally approve the use if the director finds that the use will not result in any of the following:
a. Above-ground storage of flammable or explosive material; or
b. Any structure that exceeds FAA height restrictions; or
3. Schedule the matter for a planning and design commission public hearing. The hearing shall be noticed and fees shall be charged in the same manner as for the site plan and design review. The commission shall approve or conditionally approve the use if it finds that the use will not result in any of the conditions specified in subsection C.2 of this section.
D. In accordance with the procedures in section 17.812.060, any person may appeal to the planning and design commission a decision of the zoning administrator made pursuant to subsection C.2 of this section, and any person may appeal to the city council a decision of the planning and design commission made pursuant to subsection C.3 of this section. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)