637 Planned Shopping Center (PSC) District.

The provisions of this Section shall apply only to land zoned PSC prior to the effective date of this ordinance (February 19, 2003). +1

The intent of this district is to provide for well designed retail shopping facilities in appropriate locations and, farther, that the district snail 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. District. Such comparison shall be made at the boundary of the P.S.C. 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 or 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. 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 therefore 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.

Editor’s note—A copy of the ordinance setting forth zoning fees is located in Appendix A.

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.

B.    Permitted Uses. The following permitted uses may be located in any P.S.C. District: The following uses (excluding tenant improvements) shall be permitted when the specific location of such use is 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

1.    All residential district uses and general hospitals as licensed by the Arizona Department of Health Services are prohibited.

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. site. This standard shall apply to all centers except those located in primary village cores as designated in the General Plan.

3.    All uses permitted in the C-1 District except those excluded in paragraph A. above. *1

4.    In addition, the following uses shall be permitted:

Bank vault storage +5

Family game center (not to exceed 2,400 square feet of usable floor area)

Floor covering store, retail

Key shop

Leather goods shop, retail sales

Music store, retail sales (no instruction)

Reducing salon

Sound systems and equipment, retail sales and rental

5.    Any of the following uses may be permitted as part of a shopping center development only when the specific location of such use is shown on the site plan approved as provided under Section 637.E.

a.    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.

b.    Automobile rental and leasing, provided that not more than six (6) automobiles may be stored out-of-doors.

c.    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. *3

(1)    Recorded music may be provided. *3

(2)    Music and entertainment shall be permitted subject to the following regulations: *3

(a)    The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained. +3

(b)    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

(c)    Nothing in this section shall be construed to include an adult use. +3

(3)    Patron dancing shall be permitted only upon securing a use permit. +3

(4)    Outdoor dining, outdoor recreation uses, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit. +3

(5)    Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions: +4

(a)    Securing a use permit. +4

(b)    The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area. +4

(c)    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

(d)    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. +4

d.    Bingo

e.    Booksellers and rentals, except adult bookstores

f.    Bowling alley

g.    Car wash

h.    Drive-in restaurant

i.    Family game center (exceeding two thousand, four hundred (2,400) square feet of usable floor area).

j.    Laboratory, clinical or research

k.    Magazines, retail sales, except adult bookstores.

l.    Non-mechanized playground for children as an accessory use.

m.    Pool and billiard halls

n.    Radio and television broadcasting studios, but not including outside towers or other devices used in transmitting and receiving.

o.    School of cosmetology

p.    Skating rinks, indoor

q.    Theatre, indoor except adult theaters

6.    Reserved. *1 -2

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 Section 701.B. 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 E 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 shall be located at a distance of not less than twenty-five (25) feet from any boundary of the P.S.C. zoning district on which the same are situated. 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 of any planned shopping center development as provided in Section 702.A.

E.    Development Review Approval. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.

F.    Reserved. -1

Date of Addition/Revision/Deletion - Section 637

+1 Addition on 2-19-2003 by Ordinance No. G-4498, eff. 2-19-2003

*1 Revision on 2-19-2003 by Ordinance No. G-4498, eff. 2-19-2003

-1 Deletion on 2-19-2003 by Ordinance No. G-4498, eff. 2-19-2003

-2 Deletion on 3-4-2009 by Ordinance No. G-5329, eff. 4-3-2009

+3 Addition on 6-8-2011 by Ordinance No. G-5632, eff. 7-8-2011

*3 Revision on 6-8-2011 by Ordinance No. G-5632, eff. 7-8-2011

+4 Addition on 6-8-2011 by Ordinance No. G-5633, eff. 7-8-2011

+5 Addition on 11-7-2012 by Ordinance No. G-5743, eff. 12-7-2012