§ 331-87. Approving agencies.

The approving agency for special permit uses shall be as follows:

A. 

City Council.

(1) 

The City Council shall have authority to approve the following listed special permit uses:

[Amended 10-20-2009 by Ord. No. 199-2009]

(a) 

The establishment of new or the expansion of existing universities, colleges and private school campuses in residential districts.

(b) 

Domiciliary care facilities as regulated by § 331-93.

(c) 

Height limitations as regulated by § 331-15.

(d) 

Cabaret with a public assembly occupancy limit not to exceed 250 persons in a zoning district where such use is permitted by special permit as regulated by § 331-113.2.

[Amended 3-20-2012 by Ord. No. 50-2012]

(e) 

Bars in the DMU Zoning District as regulated by § 331-113.3.

(2) 

The City Council shall have the authority in the Water Related District to approve special permit uses, as listed in § 331-50.

(3) 

The City Council shall have the authority in the Planned Waterfront Development - 3-Story District to approve special permit uses, as listed in § 331-51.

(4) 

The City Council shall have the authority in the Planned Waterfront Development - 5-Story District to approve special permit uses, as listed in § 331-52.

(5) 

The City Council shall have the authority in the Planned Waterfront Development - 8-Story District to approve special permit uses, as listed in § 331-52.

B. 

Planning Board.

(1) 

The Planning Board shall have authority to approve the following listed special permit uses, in addition to any other specially permitted uses not specifically identified in this section:

[Amended 6-14-2005 by Ord. No. 135-2005; 10-20-2009 by Ord. No. 199-2009; 3-23-2010 by Ord. No. 55-2010; 2-15-2011 by Ord. No. 43-2011]

(a) 

Radio towers for licensed amateur radio stations as regulated by § 331-97.

(b) 

Accessory waterfront structures (bulkheads, docks, floats, piers, etc.) as regulated by § 331-107.

(c) 

Greenhouses, nurseries, and arboretums as regulated by § 331-96.

(d) 

In the RMF-2.0 District: stores and shops exclusively for sales at retail or the performance of customary personal services; business, professional or governmental offices; and restaurants.

(e) 

Medical and dental offices in residential district within 250 feet of an H Hospital District as regulated by § 331-92.

(f) 

Bars and cabarets in the MUFE Zoning District as regulated by § 331-61A.

(g) 

Catering halls.

(h) 

Family entertainment center in MUFE District.

(i) 

Motor vehicle filling and service stations as regulated by § 331-100.

(j) 

Motor vehicle service and repair facilities as regulated by § 331-101.

(k) 

Motor vehicle dealership as regulated in § 331-102.

(l) 

Motor vehicle rental agency as regulated in § 331-103.

(m) 

Motor vehicle storage area as regulated by § 331-104. [For off-street parking adjacent to nonresidence districts, see § 331-126E(5).]

(n) 

Car wash as regulated by § 331-105.

(o) 

Funeral parlors.

(p) 

Self-storage facilities.

(q) 

Colleges, universities, and private schools in the DB District as regulated by § 331-113.1.

(r) 

Wireless telecommunications facilities as regulated by § 331-99.

(s) 

Outdoor storage of motor vehicles in the LI District.

(t) 

Self-storage facility as regulated by § 331-105.1.

(u) 

Clinical laboratory, as regulated by § 331-113.4.

(v) 

Play grounds, swimming pools, tennis courts and recreation buildings owned by a neighborhood association.

(w) 

Adult-oriented businesses as regulated by § 331-12.

(x) 

Conversion of buildings used for hospital-related housing as regulated by § 331-46C(7).

(y) 

Outdoor dining, as regulated by § 331-95.

(z) 

Tattoo Studios, as regulated by § 331-110.

(aa) 

Multifamily Uses in the R1-WF-10 District.

[Added 3-15-2016 by Ord. No. 77-2016]

(bb) 

eSports.

[Added 9-20-2016 by Ord. No. 189-2016]

(cc) 

Craft beverage production facilites as regulated by § 331-113.10.

[Added 7-18-2017 by Ord. No. 152-2017]

(dd) 

Day-care centers.

[Added 9-19-2017 by Ord. No. 187-2017]

(ee) 

Restaurants with extended hours in the North Avenue College District as regulated by § 331-113.11.

[Added 12-12-2017 by Ord. No. 251-2017]

(ff) 

Nonresidential uses in the RMF-SC-4.0 Zone noted in § 331-44C(8) through (15).

[Added 6-19-2018 by Ord. No. 2018-127]

(gg) 

Tasting rooms as regulated by § 331-113.12.

[Added 2-12-2019 by Ord. No. 2019-42]

(hh) 

Discount variety stores as regulated by § 331-113.13.

[Added 5-21-2019 by Ord. No. 2019-105]

C. 

Board of Appeals of Zoning. The Board of Appeals of Zoning shall have the authority to approve the following listed special permit uses:

(1) 

A home for fewer than 10 unrelated individuals.

(2) 

(Reserved)

Editor’s Note: Former Subsection C(2), Day-care centers, was repealed 9-19-2017 by Ord. No. 187-2017.

(3) 

Nursery schools.

(4) 

Satellite earth stations or dish antennas.

(5) 

Clubs in commercial districts as regulated by § 331-94.

(6) 

Playgrounds as regulated by § 331-108.

(7) 

Public utility uses and structures as regulated by § 331-106.

(8) 

Outdoor swimming pools as regulated by § 331-109.

(9) 

Golf driving ranges as regulated by § 331-111.

(10) 

Billiard halls as regulated by § 331-113.

D. 

Building Official. The Building Official shall have the authority to approve special permit applications pursuant to Article XXI and § 331-54.2C(3).

[Added 5-20-2015 by Ord. No. 112-2015; amended 3-15-2016 by Ord. No. 75-2016]

Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 7-15-2003 by Ord. No. 167-2003; 4-20-2004 by Ord. No. 90-2004; 5-19-2005 by Ord. No. 118-2005; 5-19-2005 by Ord. No. 120-2005; 6-14-2005 by L.L. No. 2-2005