The purpose of the BU-2, Regional Shopping Center and Office Park District, is to provide for large scale commercial and/or office facilities which service the needs of large urban areas.

(Ord. No. 74-24, § 1, 4-16-74)

No land, body of water and/or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, occupied or maintained for any purpose in any BU-2 District except for one or more of the following uses:

(1)

All uses permitted in the BU-1 and BU-1A Districts.

(2)

Automobile parking lots and garages as a primary use. Automobile parking garages, not over six (6) stories in height, shall be permitted provided they are not located closer than two hundred (200) feet to an RU-1, RU-2, RU-TH or EU District or to a hospital, church or building used for public assemblage. Automobile parking garages shall meet all open space, lot coverage and other applicable requirements of this article. Parking lots shall comply with all applicable off-street parking requirements as set forth in Article VII of this chapter and all applicable landscaping requirements as set forth in Chapter 18A of this Code.

(3)

Automobile storage of new vehicles for an automobile dealer that does not operate a sales facility on the same site, subject to the following conditions:

(a)

That such use shall be ancillary to another allowable use under this article.

(b)

That such use shall be on a site of at least 40 net acres.

(c)

That the automobile storage must occur only within a parking garage.

(d)

That the parking spaces used for the automobile storage shall not be required spaces for the remaining uses on the property, as calculated by Chapter 33, or as part of the required parking pursuant to the zoning resolution(s) governing the Property.

(e)

That no independent additional parking spaces pursuant to Section 33-124(h)(2) will be required as parking for the on-site automobile storage.

(f)

That such use shall obtain a Certificate of Use, and that the Certificate of Use shall be renewed annually for as long as such use operate.

(4)

Brewery (not farm related), subject to the following conditions:

(a)

The manufacture of malt liquors, such as beer and ale, shall be limited to 10,000 kegs per year as a micro-brewery.

(b)

The brewery may have a restaurant as an accessory use, and the restaurant may also have an accessory cocktail lounge-bar use, subject to the requirements of Article X of this chapter.

(c)

Off-street parking for industrial, retail, restaurant, and other allowable uses shall be provided as otherwise required in this Code.

(5)

Commuter Colleges/Universities.

(6)

Hospitals (other than animal hospitals), subject to the following conditions:

(a)

That such uses shall be on sites of at least ten (10) net acres;

(b)

That the facility shall have capacity for a minimum of one hundred (100) beds.

(c)

The certificate of use for the hospital shall be annually renewed.

(d)

That the hospital operates a 24 hour emergency room.

(e)

Notwithstanding the provisions of Section 33-253.3 of this Code, the net lot coverage permitted for all buildings on the site shall not exceed 50% of the total lot area; the floor area ratio shall be fifty one-hundredths (0.50) at one (1) story and shall be increased by fourteen-one hundredths (0.14) for each additional story up to eight (8) stories, and thereafter the floor area ratio shall be increased by six-one-hundredths (0.06) for each additional story. Structured parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes, nor as part of the lot coverage.

(f)

Notwithstanding the provisions of Section 33-253.4 of this Code, the minimum landscaped open space at one (1) story shall be fourteen percent (14%).

The minimum landscaped open space shall be increased by one (1) percent for each additional story or part thereof, up to eight (8) stories, thereafter the landscaped open space shall increase by two (2) percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees and shrubbery. Water areas may be used as part of the required landscaped open space provided such water areas do not exceed twenty (20) percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten (10) percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(g)

That such uses shall be located within sites having frontage on a major access road, including major roadways (three (3) or more lanes), section or half section line roads and/or frontage roadways serving limited access highways and expressways. (h) The site shall meet and comply with the provisions of Section 33-253.7 of this Code, except that the wall may be penetrated at points approved by the Directors of the Planning and Zoning Department and the Public Works Department for ingress and egress to afford pedestrian or vehicular access between the sites, and if the property where the facility is located is separated from the AU, GU, RU or EU zoned property by a canal or a previously existing, dedicated and improved roadway, then a wall shall not be required on that portion of the property which is separated by the canal or roadway.

(7)

Hotel and motel uses, subject to all provisions of the RU-4A District pertaining to such uses.

(8)

Liquor package stores.

(9)

Major department stores.

(10)

Movie and television studios with indoor sound stages/studios.

(11)

Movie and television studios with outdoor lots/backlots after public hearing.

(12)

Night clubs located no closer than five hundred (500) feet of any RU or EU District, if approved at a public hearing.

(13)

Office parks.

(14)

Pubs and bars.

(15)

Regional shopping centers.

(16)

Vehicle Retail Showroom, provided that:

(1)

On-site vehicle storage/stock beyond the showroom shall only be allowed in accordance with subsection 3 above; and

(2)

No more than six (6) vehicles on site to be used for test drives purposes; and

(3)

No test drive shall be conducted on residential local streets (fifty-foot wide rights-of-way); and

(4)

No new, purchased vehicle deliveries at showroom are allowed.

(17)

Warehouse, membership.

(Ord. No. 74-24, § 1, 4-16-74; Ord. No. 96-129, § 1, 9-10-96; Ord. No. 03-129, § 1, 6-3-03; Ord. No. 06-33, § 1, 3-7-06; Ord. No. 09-102, § 3, 11-17-09; Ord. No. 13-15, § 1, 2-5-13; Ord. No. 13-40, § 1, 5-7-13; Ord. No. 13-82, § 2, 9-17-13; Ord. No. 14-40, § 1, 4-8-14; Ord. No. 16-134, § 3, 12-6-16; Ord. No. 18-63, § 1, 6-5-18; Ord. No. 20-20, § 9, 2-19-20)

Setbacks, cubic content, yard area, lot sizes, etc., shall be specified in article II of this chapter.

(Ord. No. 74-24, § 1, 4-16-74)

The maximum height of a building is not limited except as all other provisions of this article must be compiled with, especially the floor area ratio and lot coverage and the landscaped open space requirements.

(Ord. No. 74-24, § 1, 4-16-74)

The floor area ratio shall be forty-one-hundredths (0.40) at one (1) story and shall be increased by eleven-one-hundredths (0.11) for each additional story up to eight (8) stories, thereafter the floor area ratio shall be increased by six-one-hundredths (0.06) for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed forty (40) percent of the total lot area. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes, nor as part of the lot coverage.

(Ord. No. 74-24, § 1, 4-16-74)

The minimum landscaped open space at one (1) story shall be in accordance with the following table:

The minimum landscaped open space shall be increased by one and one-half (1½) percent for each additional story or part thereof, up to eight (8) stories, thereafter the landscaped open space shall increase by two and one-half (2½) percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped open space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees and shrubbery. Water areas may be used as part of the required landscaped open space provided such water areas do not exceed twenty (20) percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten (10) percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(Ord. No. 74-24, § 1, 4-16-74; Ord. No. 95-223, § 1, 12-5-95)

Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots shall be prohibited. Such business on private or public property shall be conducted only from within approved permanent substantial buildings.

(Ord. No. 74-24, § 1, 4-16-74)

All uses shall be conducted within completely enclosed buildings, unless otherwise specifically provided herein. All materials and products shall be stored within the building or within an area completely enclosed with walls which have a life expectancy of twenty (20) years or more from the date of installation of said walls. Storage shall not be made above the height of the walls.

(Ord. No. 74-24, § 1, 4-16-74)

Where a business lot abuts an AU, GU, RU or EU zoned property, a decorative masonry wall at least five (5) feet in height shall be erected on the business lots along the common property line separating the two (2) districts. Where a dedicated alley separates the two (2) districts, the five-foot decorative masonry wall shall be erected along the business lots adjacent to the alley, permitting only openings for egress and ingress purposes with the smallest width possible for this purpose. Where the business property is a through lot, and the rear of the business lot lies across the street right-of-way from AU, GU, RU or EU zoned property, said wall shall be located on the business lot ten (10) feet in from the official right-of-way line at the rear of the lot, and the ten-foot strip shall be substantially landscaped. The Director shall determine which part of the lot is the rear property line. No wall will be required along the front property line of the business lot where the same is separated from a residential zone by a street. Where the common property line between the two (2) districts is an interior side property line, the required wall shall extend only to a point fifteen (15) feet from the official front property line.

(Ord. No. 74-24, § 1, 4-16-74)

Editor's note— Section 33-253.8, pertaining to expansion of existing commercial structures, has been deleted as obsolete. The section was derived from Ord. No. 74-24, § 1, adopted April 16, 1974.

All development shall be reviewed in accordance with Section 33-310.4.

(Ord. No. 19-51, § 25, 6-4-19)

Editor's note— Ord. No. 19-51, § 25, adopted June 4, 2019, repealed the former § 33-253.9, and enacted a new § 33-253.9 as set out herein. The former § 33-253.9 pertained to plan review standards and derived from Ord. No. 74-24 § 1, adopted April 16, 1974; Ord. No. 95-19, § 11, adopted Feb. 7, 1995; Ord. No. 95-215, § 1, adopted Dec. 5, 1995; Ord. No. 95-223, § 1, adopted Dec. 5, 1995; Ord. No. 96-127, § 17, adopted Sept. 4, 1996; Ord. No. 98-125, § 21, adopted Sept. 3, 1998; Ord. No. 99-38, § 12, adopted April 27, 1999; Ord. No. 12-47, § 3, adopted July 3, 2012; and Ord. No. 18-134, § 13, adopted Nov. 8, 2018.