Section 659. Planned Shopping Center Overlay District.
The provisions of this Section shall apply only to land rezoned PSC Overlay after the effective date of (December 5, 2003).
The intent of this district is to provide for well designed retail shopping facilities in appropriate locations and, further, that the district shall be laid out and developed as a unit according to an approved plan so that the purpose of the district may be accomplished.
A. District Regulations. Unless otherwise specifically provided in this section, the following restrictions shall apply to this district:
1. All commercial uses shall be restricted to closed buildings except parking lots, plant nurseries, non-mechanized playgrounds for children as an accessory use, and certain service station operations.
a. Accessory uses may be conducted out of doors subject to development review approval and subject to Section 637.B.5.
b. Only the normal pump island services shall be permitted as outdoor service station operations.
c. Drive-up or drive-thru facilities housing permitted uses are allowed in a free-standing or "kiosk" type service building of no more than two hundred fifty (250) square feet in size, subject to a use permit. if there are more than two (2) such faculties proposed for any one site, they may be required to be grouped for common access as a condition of the use permit approval.
2. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the boundaries of the P.S.C. Overlay District. Such comparison shall be made at the boundary of the P.S.C. Overlay District.
3. No accessory use shall be permitted except as specified in this section as a permitted or accessory use. No accessory use or uses may employ a use of floor space having a total in excess of ten percent (10%) of the floor space of the primary use. No accessory use shall operate at hours when the primary use is closed. An accessory use shall not include any manufacturing except custom handcrafting of wearing apparel or personal accessories for direct retail to the user.
4. Promotional events: promotional events consisting of productions, displays or exhibits produced for the purpose of attracting persons to a shopping center shall be permitted. Promotional event activities are considered separate and distinct from the outdoor sales of food items, which activity must comply with its own requirements in order to be considered a permitted use. Such promotional events shall be permitted outside a closed building, mall or open inner court only when such area is dust free and when a promotional event permit has been issued in advance by the Planning and Development Department of the City of Phoenix. Such promotional event permit shall be issued only to a shopping center upon application by its authorized representative who shall attest that the promotional event will comply with the requirements of this section and be in conformance with the application as approved.
a. General Provisions:
(1) No participation fee, entrance fee or contribution shall be requested or required of the public except that fees may be charged for amusement rides or facilities. no more than five (5) rides or amusement facilities shall be allowed, and no such ride or facility shall exceed fifteen (15) feet in height.
(2) No direct light or sound associated with such promotional event shall be visible or broadcast beyond the boundaries of the shopping center.
(3) The number of parking spaces available to the public shall not be reduced below the number required by Section 637.D.
(4) Promotional events shall not be conducted between the hours of 10 p.m. and 9 a.m.
(5) Circuses, carnivals and similar uses shall be prohibited under this section.
(6) No food or beverages shall be sold within the space required or occupied by the promotional event.
b. Application For Permit. The application for a promotional event permit shall be filed with, and on a form provided by the Planning and Development Department.
c. Major And Minor Promotional Events. A promotional event which requires the use of a percentage of the parking area:
(1) In excess of two percent (2%) shall be a major event.
(2) Of two percent (2%) or less shall be a minor event.
For the purposes of this section, the parking area shall be that area computed by multiplying the actual number of parking spaces by three hundred (300) square feet. Said parking spaces shall be in accordance with the provisions of Section 702.
d. The minimum distance from any residential district to the nearest point of the area used by the event shall be:
(1) Four hundred (400) feet for a major promotional event.
(2) Two hundred (200) feet for a minor promotional event.
e. The maximum permitted time of occupancy, including installation and removal, shall not exceed:
(1) Fifteen (15) days for a major promotional event.
(2) Five (5) days for a minor promotional event.
f. The number of promotional events in any shopping center in any calendar year shall be limited to:
(1) Six (6) for major promotional events.
(2) Twenty-four (24) for minor promotional events.
g. Promotional event fees are set forth in an ordinance, a copy of which is on file with the City Clerk and which is available in the Planning and Development Department.
h. The provisions of this section shall not apply to a one-man exhibition with no more than one (1) piece of equipment or exhibit such as, but not limited to, a horse, a truck, an automobile, a small merry-go-round with the provisions that the ride shall be not more than fifteen (15) feet in height.
i. Exceptions may be permitted for events not exceeding ten (10) days occupancy, including installation and removal, subject to use permit approval, for any or all of the promotional uses listed below:
(1) Such exceptions for which a use permit may be sought are:
(A) Events in excess of five (5) rides or amusement parks.
(B) Events with rides or amusement facilities exceeding fifteen (15) feet in height.
(C) Other events, including those for which admission fees may be charged.
(D) Events at which food or beverages may be sold.
(2) Such exceptions may be approved for a specified location on a single application for not more than four (4) events within one (1) calendar year.
(3) Such exceptions do not constitute a waiver of any license, inspection, permit or other requirements which are otherwise applicable to the event or use.
5. No large scale commercial retail developments are permitted.
6. All residential district uses and general hospitals as licensed by the Arizona Department of Health Services are prohibited.
B. Permitted Uses. The following permitted uses may be located in any P.S.C. Overlay District when such use is consistent with what is shown on the site plan approved prior to December 5, 2003. New uses that result in site modifications, excluding interior tenant improvements, that are not consistent with the previously approved site plan must be shown on an amended site plan, indicating conformance with the provisions of Section 507 Tab A and as approved under Section 637.D-F:
1. All uses permitted in the C-1 District except those excluded in subsection a above.
2. The maximum floor area for the total of all offices for professional or medical use, offices wherein administrative, clerical or sales services are rendered, and offices for banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance companies and trust companies shall not exceed twenty-five percent (25%) of the tenant leasable area of the P.S.C. Overlay site. This standard shall apply to all centers except those located in primary village cores as designated in the general plan.
3. Ambulance service—Administrative offices only.
4. Antiques, wholesale as an accessory use to retail sales.
5. Artificial limbs, braces, sales.
6. Assayers (see laboratory).
7. Artists’ materials and supplies, wholesale accessory to retail sales.
8. Automobile parts and accessories, retail sales, including as an accessory use the installation of parts sold on the premises and light servicing which shall not include:
1. Work on any vehicle over three-quarter (3/4) ton rated capacity.
2. Engine or transmission overhaul or replacement.
3. Body work, painting, air conditioning installation, radiator coring or replacement.
9. Automobile rental and leasing, provided that not more than six (6) automobiles may be stored out of doors.
11. Bakers and baked goods, manufacturing, wholesale and storage, subject to use permit.
12. Balls and bearings, retail sales.
13. Bank vault storage, subject to a use permit.
14. Barbers’ supplies, wholesale as accessory to retail sales.
15. Bars and cocktail lounges only when said establishment is not closer than 300 feet to any residence district. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
a. Recorded music may be provided.
b. Live music and entertainment shall be permitted subject to the following regulations:
(1) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained.
(2) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(3) Nothing in this section shall be construed to include an adult use.
c. Patron dancing shall be permitted only upon securing a use permit.
d. Outdoor dining, outdoor recreation uses, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit.
e. Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions:
(1) Securing a use permit.
(2) The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area.
(3) The outdoor cooking area shall be located within 50 feet of a building entrance from where the restaurant is operated. This distance shall be measured from the appliance in the outdoor cooking area closest to the building entrance from where the restaurant is operated.
(4) The outdoor cooking area shall be set back a minimum of 300 feet from a residential district. This distance shall be measured from the appliance in the outdoor cooking area closest to the residential district zoning line.
16. Bathroom accessories, display and retail sales only.
17. Beauty shop:
a. Massage therapy, preformed by a licensed massage therapist employed by the beauty salon, is permitted as an accessory use.
18. Beauty shop equipment, retail sales.
19. Bingo.
20. Blueprinting.
21. Boats, retail sales (indoor only).
22. Bookbinders, commercial.
23. Booksellers and retailers, except adult book stores.
24. Bowling alleys.
25. Brushes, retail sales.
26. Building materials, retail sales only.
27. Burglar alarm equipment sales and service.
28. Burglar alarm watching service.
29. Business machines, distribution and retail sales, repair and service.
30. Butchers’ supplies, wholesale as an accessory to retail sales.
31. Carpet, rug and furniture cleaners:
a. All activity except loading and unloading restricted to a closed building.
b. All solvents, shampoos, detergents and other agents shall be non-combustible and non-explosive, and shall require approval of the City Fire Marshal, and shall not emit odors beyond the zoned lot boundaries.
c. Only hand portable machinery shall be permitted.
32. Car wash. May be in an open building subject to a use permit.
33. Cigarette service.
34. Clothing, wholesale and retail sales.
36. Coin machines, retail and service.
37. Compressed natural gas (CNG) retail sales, as an accessory use to automobile service stations, subject to the following limitations:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307 when the equipment is located on a lot or parcel which is contiguous to a lot or parcel which is zoned for residential development.
b. Natural gas fueling equipment may be sheltered by an enclosure constructed of noncombustible or limited combustible materials that has at least one side predominantly open and a roof designed for ventilation and dispersal of escaped gas. This facility shall be considered outdoors for Zoning Ordinance purposes. If the fueling equipment is not sheltered by such a structure, the equipment shall be screened with a masonry block wall which is architecturally compatible with the buildings on the site; the wall shall be predominantly open on one side.
c. The equipment shall not be located closer than one hundred (100) feet to a residential property line or four hundred (400) feet to a school property line.
d. The use shall comply with all pertinent requirements of the Phoenix Fire, Building, and Electrical Codes.
e. Signage on shelter wall shall be limited to that required by Fire Code.
f. No container shall exceed a size of three hundred (300) gallons water capacity; no more than six (6) containers shall be included at a CNG facility. The containers shall be mounted horizontally.
38. Confectioners, wholesale and retail sales.
39. Contractors’ equipment and supplies, retail sales.
40. Contractors’ office with inside storage of materials only.
41. Curios, wholesale and retail sales.
42. Dental laboratories.
43. Dental supplies, wholesale as an accessory to retail sales.
44. Dolls, repairing.
45. Draperies, manufacturing as an accessory use to retail sales.
46. Drawing, wholesale as an accessory to retail sales.
47. Electric equipment, retail sales and repair.
48. Engravers.
49. Family game center.
50. Farm implements and machinery, retail sales.
51. Feed, retail and sales office.
52. Fire protection equipment and supplies, retail sales and service.
53. Floor coverings, retail.
54. Florist, wholesale and retail sales.
56. Gas regulating equipment, sales and service.
58. Janitors’ supplies, storage and warehouse.
59. Jewelers, manufacturing as an accessory to retail sales.
60. Jewelers, wholesale.
61. Key shop.
62. Kiddieland, subject to a use permit.
63. Laboratories, clinical, testing and research.
64. Laundries, maximum 3,000 square feet.
65. Laundry equipment and supplies.
66. Lawn furniture, retail sales.
67. Lawn mower repair shops.
68. Leather goods, repairing and sales, custom or handicraft as an accessory to retail sales.
69. Lithographers.
70. Lockers, food storage.
71. Locksmiths’ repair and key shops.
72. Machinery dealers, retail sales and showrooms.
73. Machinery rental.
74. Magazine, retail sales, except adult book stores.
75. Medical supplies, retail sales and rentals.
76. Millinery shops.
77. Milling equipment retail sales and showrooms.
78. Mimeographing and multigraphing, commercial.
79. Monuments, retail sales and display.
80. Mortuary.
81. Motion picture equipment, retail sales and display.
82. Motion picture theatres.
83. Music store and musical instruments, repairing and retail sales.
84. Music studios.
85. News dealers.
86. News service.
87. Non-mechanized playground for children as an accessory use.
88. Novelties, wholesale as an accessory to retail sales.
89. Office service: stenographic service, letter preparation, addressing and mailing, duplicating, multigraphing, machine tabulation, research and statistical.
90. Optical goods, manufacturing and sales.
91. Orthopedic appliances, manufacturing and sales.
92. Outdoor sales of food items: Outdoor sales of food items shall be permitted as an accessory use to retail grocery sales as follows, with no more than one entity selling such items permitted at any one time:
a. Outdoor chili roasting, subject to obtaining a use permit under Section 307 and the following limitations:
(1) All roasted chilies sold must be consumed off site.
(2) Sales must be conducted by employees of the retail grocery store.
(3) Sales area must be located within twenty (20) feet of the front door and not in the parking lot, or as approved by the Zoning Administrator.
(4) Sales limited to the hours of 12:00 noon to 8:00 p.m. each day.
(5) Payment for product must occur indoors.
(6) Employees preparing the food product shall have a food safety permit.
(7) Equipment used for food preparation shall be immobile during operation. plans for the use of equipment that is fueled by gasoline, propane or similar form of fuel must be approved by the Fire Department.
b. The preparation of food items outdoors other than roasted chilies will be permitted, subject to obtaining a use permit, for no more than 3 months per year on any site, subject to the following limitations:
(1) All food products sold must be consumed off site.
(2) Sales must be conducted by employees of the retail grocery store.
(3) Sales area must be located within twenty (20) feet of the front door and not in the parking lot, or as approved by the Zoning Administrator.
(4) Sales limited to the hours of 12:00 noon to 8:00 p.m. each day.
(5) Payment for product must occur indoors.
(6) Employees preparing the food product shall have a food safety permit.
(7) Equipment used for food preparation shall be immobile during operation. plans for the use of equipment that is fueled by gasoline, propane or similar form of fuel must be approved by the Fire Department.
c. The sale of packaged food items that are not prepared on site shall be permitted for no more than three (3) months on any site, subject to the following limitations:
(1) Sales shall be limited to nonprofit organizations or other recognized community entities raising funds for non-personal purposes. No sales by individuals or for personal gain shall be permitted.
(2) Sales limited to the hours of 8:00 a.m. to 10:00 p.m. each day.
(3) Sales areas shall be limited to the private walkway areas adjacent to the building and not in the parking lot.
(4) Sales must be conducted with written permission of grocery store owner or his duly designated representative.
No direct light, sound, smoke or odor caused by any food processed or sold on site shall be broadcast beyond the property boundaries. The outdoor sales operation shall not be visible from adjacent residential areas.
93. Photographic developing and printing.
94. Photo-engraving company.
95. Physical therapy equipment, wholesale as an accessory to retail sales.
96. Plumbing fixtures and supplies, display and retail sales.
97. Pool and billiard halls.
98. Poster illustration, studio.
99. Pottery and ceramics, wholesale as an accessory to retail sales.
100. Precision instruments, custom repair.
101. Printers.
102. Propane retail sales permitted as an accessory use to service stations.
103. Propane retail sales as an outside accessory use to a retail facility.
104. Pumps, retail sales and display.
105. Radio repair shop.
106. Radio and television broadcasting stations/studios but not including outside towers or other devices used in transmitting and receiving.
107. Reducing salons.
108. Refrigeration equipment, repairs and sales.
109. Restaurants, bars and cocktail lounges, subject to the following conditions or limitations:
a. Music or entertainment shall be limited to recorded music or one entertainer unless a use permit is obtained in accordance with the provisions of Section 307. The use permit shall specifically address noise from the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address licenses in the area. Nothing in this section shall be constructed to include an adult use.
b. Patron dancing shall be permitted only upon securing a use permit in accordance with the provisions of Section 307. The use permit shall specifically address noise form the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address issues which are the purview of the Arizona Department of Liquor Licenses and Control, such as the number of liquor licenses in the area. The dance floor shall close at the time alcohol is no longer served or sold for the evening.
c. Outdoor recreation uses, outdoor dining, outdoor alcoholic beverage consumption, and associated lighting shall be permitted as accessory uses only upon securing a use permit in accordance with the provisions of Section 307. The use permit shall specifically address noise form the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address issues which are the purview of the Arizona Department of Liquor Licenses and Control, such as the number of liquor licenses in the area.
d. Drive-through facilities as an accessory use, subject to the following conditions:
(1) Access to the site is to be from an arterial or collector street as defined on the street classification map.
(2) Securing a use permit in accordance with the provisions of Section 307 if the lot or parcel on which the use is conducted is less than three hundred (300) feet from a residential district. The use permit shall specifically address noise from the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to neighborhoods.
e. Entrance to and exit from a restaurant which does not require a use permit shall only be from the side of the restaurant which does not face a contiguous residentially zoned property, including undeveloped or residentially developed R-5 parcels, on the same block and side of the street as the restaurant. For the purposes of applying this provision, property separated by a right-of-way of twenty (20) feet or less in width shall be considered contiguous.
f. Any bar or cocktail lounge which exceeds five thousand (5,000) square feet in gross floor area and is located on a lot or parcel within three hundred (300) feet of a residential zoning district boundary line shall be permitted only upon securing a use permit in accordance with the provisions of Section 307
110. Restaurant equipment, supplies and retail sales.
111. Riding equipment sales.
113. Safes, repairing and sales.
114. Schools: barber, beauty, business, commercial, correspondence, cosmetology, data processing, dancing, gymnastics, health, insurance, martial arts, modeling, private, real estates, and stenographic.
115. Second hand/used merchandise.
a. The sale of used merchandise in connection with the following permitted uses when such used merchandise uses a floor space having a total area of no more than five percent (5%) of the gross floor area of the establishment:
(1) Camera shops.
(2) Book sellers and rentals.
(3) Magazines, retail sales.
(4) Photographic equipment and supplies, retail sales.
(5) Sporting goods, retail sale.
(6) Watches, sales and repair.
(7) Audio and video rental and retail sales.
b. All other sales of second hand/used merchandise or those uses listed above (114.a) exceeding greater than five percent (5%) gross floor area are subject to obtaining a use permit under Section 307 and the following conditions or limitations:
(A) No merchandise shall be received and/or processed for sale at another site; and
(B) A use permit shall be obtained in accordance with the standards and procedures of Section 307; and
(C) In addition to the findings set forth in Section 307.A.7, the following conditions shall be met:
(1) That no such use is located on a lot with a property line within thirteen hundred twenty (1,320) feet, measured in a straight line in any direction, of the lot line of another such use regardless of the zoning district or section; and
(2) That at the time of application, a maximum of three such uses (regardless of the underlying zoning district) shall exist within the same section as the proposed use and all lots abutting the opposite side of the arterial(s) to which the subject site is adjacent.
(3) "Section" means a section as defined by the Gila and Salt River baseline and principal meridian.
(D) The applicant shall provide the following additional information in conjunction with the use permit application:
(1) A survey of second hand/used merchandise sales uses within the area identified in Section 114.C., and within thirteen hundred twenty (1,320) feet of the lot line of the proposed use as provided in Section 114.c.
(2) Evidence that notice of the date, time, place and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within three hundred (300) feet of the subject property.
(3) Evidence that notice of the date, time, place and nature of the request has been sent to all homeowners associations registered with the City located within one (1) mile of the subject property.
(E) It shall be the responsibility of the applicant to comply with the provisions of Section 114.C., and to provide the City with evidence of such compliance pursuant to Section 114.D. failure to comply with the provisions of Section 114.C. shall be grounds for revocation of the use permit.
116. Skating rinks, indoor.
117. Soda fountain supplies, wholesale as an accessory to retail sales.
118. Sound systems and equipment sales, rentals and repairs.
119. Special school or training institution not offering a curriculum of general instruction comparable to public schools.
120. Surplus stores.
121. Tanning salon:
a. Massage therapy, performed by a licensed massage therapist, is permitted as an accessory use.
122. Taxidermists.
123. Telegraph companies, facilities and offices.
124. Telephone companies, facilities and offices.
125. Theatres, indoor, except adult theatres.
126. Tire repairing equipment and supplies.
127. Tombstones, sales and display.
128. Tortillas, manufacturing, retail.
129. Upholsterers, custom, retail sales and supplies.
130. Venetian blinds, custom manufacturing and cleaning.
131. Veterinarians’ supplies, wholesale as an accessory to retail sales.
132. Veterinary offices and hospitals subject to the following conditions:
a. They shall be so constructed and operated as to prevent objectionable noise and odor outside the walls of the office.
b. Keeping or boarding of animals shall not occupy more than twenty-five percent (25%) of the gross floor area of the office and the following shall apply:
(1) There shall be no outdoor kennels or runs.
(2) There shall be no direct outside exit from any room containing kennels.
133. Washing machines, retail sales and display, custom repairing.
134. Water softening equipment, service and repair.
135. Window cleaners’ service.
C. Yard, Height and Area Requirements.
1. Building height in this district shall be measured as the vertical distance from the natural grade to the highest point of the wall or roof surface. Exclusions to building height limitations shall be as contained in Chapter II. The maximum building height shall be twenty-five (25) feet for any structure seventy-five (75) feet from a residential district. Such height may be increased by one (1) foot for each additional three (3) feet from the residence district beyond seventy-five (75) feet to a maximum of fifty-six (56) feet. Except for centers located in primary village cores as designated in the general plan, no structure shall contain more than two stories at a building height of twenty-five (25) feet or less and not more than four stories at a height between twenty-five (25) feet and fifty-six (56) feet.
2. All buildings on a site as shown on the site plan thereof, as provided in paragraph D of this section shall not cover an aggregate area of more than twenty-five percent (25%) of the area of such site. Exterior covered walkways which are not part of interior or enclosed malls, ramadas, and eave overhangs used for protection from the elements, but not used for commercial activity or parking shall not be included in computing the twenty-five percent (25%) coverage.
3. All buildings within the PSC overlay zoning district shall be located at a distance of not less than twenty-five (25) feet from any boundary of the district. No building shall be located at a distance of less than seventy-five (75) feet from the boundary of any residential district.
4. Where the boundary of a planned shopping district is contiguous to the boundary of any residential district, there shall be provided a belt of landscaping along the site boundary which shall be planted and maintained in accordance with the requirements of the site plan as provided in Section 637.E.
5. Uses permitted as outdoor uses shall be enclosed within a wall or fence of such material, construction and height so as to completely conceal from observation all operations conducted within such wall or fence, except that customer parking, service station operations and promotional events are excluded from this requirement. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this ordinance shall be specified by the Planning Commission as a part of its action on the site plan as provided in Section 637.E.
D. Automobile Parking Space. Automobile parking space shall be provided on-site as provided in Section 702.
E. Development Review Approval. A site plan approved in accordance with Section 507 of this ordinance is required for all uses. (Ord. No. G-4555, 2003; Ord. No. G-5632, 2011; Ord. No. G-5633, 2011; Ord. No. G-5951, 2014)