18.51.030   Permitted uses.
   A.   Any use as permitted in Section 18.43.030(B) (CB-1 Local Business Zone) and in 18.45.030(B) and (C) (CB-2 General Business Zone), (except non-chartered financial institutions).
   B.   Any of the following if conducted wholly within a completely enclosed building:
      1.   Manufacture, compounding, processing, packaging or treatment of: Bakery goods, candy, cosmetics, dairy products, drugs and pharmaceutical products, perfumes, soap (cold process only), and food products, except fish or meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils;
      2.   Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: Bone, broom corn, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair or bristles, horn, leather, paper, plastics or plastic products, precious or semi-precious metals or stones, shell, textiles, tobacco, wax, (paraffin, tallow, etc.), wood (excluding sawmill or planing mill), yarns, paint (not employing a boiling process);
      3.   Manufacture and maintenance of: Electric and neon signs, billboards, commercial advertising structures and displays, light sheet metal products, including heating or cooling, and ventilating ducts and equipment, cornices, eaves and the like;
      4.   Manufacture of: Glass, pottery or other similar ceramic products (using only previously prepared sand or pulverized clay, and kilns fired only by electricity or gas), concrete or cement products, musical instruments, toys, novelties, rubber or metal stamps;
      5.   Automobile, trailer, or manufactured or mobile home assembling, painting, upholstering, rebuilding, reconditioning, sale of used parts, truck repair or overhauling, tire rebuilding or recapping, battery manufacture and the like;
      6.   Blacksmith and welding shop or machine shop (excluding punch presses over twenty tons rated capacity, and drop hammers), foundry casting lightweight nonferrous metals not causing noxious fumes or odors;
      7.   Laundry, cleaning or dyeing works;
      8.   Carpet and rug cleaning;
      9.   Distribution plant;
      10.   Ice and cold storage plant;
      11.   Beverage bottling plant;
      12.   Wholesale business;
      13.   Storage building or warehouse;
      14.   Assembly of electrical appliances: Radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like;
      15.   Laboratory: Experimental, photo or motion picture film or testing;
      16.   Veterinary or cat or dog hospital or kennels;
      17.   Poultry or rabbit killing incidental to a retail business on the same premises.
      18.   Marijuana Dispensary Offsite Cultivation Location - Subject to Type III Conditional Use;
         a.   There is no size limit for the maximum floor area of a marijuana dispensary offsite cultivation location.
         b.   A marijuana dispensary offsite cultivation location shall be located in a permanent, enclosed, locked facility in accordance with state statutes and Arizona Department of Health Services rules and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
         c.   A marijuana dispensary offsite cultivation location shall be setback a minimum of 500 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana offsite cultivation location to the closest property line of a school.
         d.   A marijuana dispensary offsite cultivation location shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
         e.   A marijuana dispensary offsite cultivation location shall provide only wholesale products to other marijuana dispensaries, marijuana dispensary offsite manufacturing locations, or marijuana dispensary offsite cultivation locations.
         f.   Odor Mitigation
            (1)   Odor mitigation devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. Odor mitigation may be accomplished through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices adequate for odor mitigation as determined acceptable by the Chief Zoning Inspector, in the Chief Zoning Inspector's sole discretion.
            (2)   An odor mitigation plan shall be submitted with the initial permit application. When a modification is made to a marijuana facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, the marijuana facility owner must update its odor mitigation plan within 30 days of facility modification.
            (3)   An odor mitigation plan shall include all of the following information:
               (a)   Facility floor plan (showing areas of potential odor emissions);
               (b)   List of odor emitting activities to take place on site;
               (c)   Phases (timing, length, etc.) of odor-emitting activities;
               (d)   Odor mitigation practices based on industry-specific best control technologies and best management practices; and
               (e)   Administrative controls, engineering controls (system design plan, operational processes, maintenance plan).
            (4)   The marijuana facility shall not begin operations until the odor mitigation plan, or any required update to the odor mitigation plan, is approved by Chief Zoning Inspector.
      19.   Marijuana Product Manufacturing Location - Subject to Type III Conditional Use;
         a.   There is no size limit for the maximum floor area of a marijuana product manufacturing location.
         b.   A marijuana product manufacturing location shall be located in a permanent, enclosed, locked facility in accordance with state statutes and Arizona Department of Health Services rules and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
         c.   A marijuana product manufacturing location shall be setback a minimum of 500 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana offsite cultivation location to the closest property line of a school.
         d.   A marijuana product manufacturing location shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
         e.   A marijuana product manufacturing location shall provide only wholesale products to other marijuana dispensaries, marijuana product manufacturing locations, or marijuana dispensary offsite cultivation locations.
         f.   Odor Mitigation
            (1)   Odor mitigation devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. Odor mitigation may be accomplished through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices adequate for odor mitigation as determined acceptable by the Chief Zoning Inspector, in the Chief Zoning Inspector's sole discretion.
            (2)   An odor mitigation plan shall be submitted with the initial permit application. When a modification is made to a marijuana facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, the marijuana facility owner must update its odor mitigation plan within 30 days of facility modification.
            (3)   An odor mitigation plan shall include all of the following information:
               (a)   Facility floor plan (showing areas of potential odor emissions);
               (b)   List of odor emitting activities to take place on site;
               (c)   Phases (timing, length, etc.) of odor-emitting activities;
               (d)   Odor mitigation practices based on industry-specific best control technologies; and best management practices; and
               (e)   Administrative controls, engineering controls (system design plan, operational processes, maintenance plan).
   C.   Any of the following if conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall, compact evergreen hedge or uniformly painted board fence, not less than six feet in height:
      1.   Building material sales yard: Including the sale of rock, sand, gravel and the like as an incidental part of the main business;
      2.   Contractor's equipment sales yard or plant;
      3.   Rental of equipment commonly used by contractors;
      4.   Retail lumber yard: Including only incidental mill work;
      5.   Feed yard;
      6.   Draying, freighting or truck yard or terminal;
      7.   Motion picture studio;
      8.   Automobile or automotive body and fender shop;
      9.   Public utility service yard.
      10.   Animal Rescue and Sanctuary Facility for cats, dogs and small household pets, provided that owners and operators of such facilities meet the eligibility requirements of Sections 18.09.020(N)(3) and 18.09.020(N)(5).
   D.   Accessory building or use: When located on the same building site.
   E.   One dwelling unit, trailer, or manufactured or mobile home: For a watchman or caretaker and family.
   F.   Airport facilities: In accordance with Chapter 18.57.
   G.   Gasoline or flammables bulk station; provided, that said product, including butane, gasoline, petroleum, or propane shall:
      1.   Not be stored in tanks of more than ten thousand gallons capacity each,
      2.   Be located not less than twenty-five feet from any building or lot line or from similar tanks, and
      3.   Be located no closer than one hundred feet from any residential zone.
   H.   Hotel, motel, lodge or inn (collectively referred to as hotel) and customary accessory facilities, including, but not limited to, cocktail lounge, restaurant, gift shop, barber shop, beauty shop and newsstands (collective referred to as accessory uses), provided such accessory uses are a part of the hotel, and further providing that the following criteria are met:
      1.   Location: The hotel and accessory uses are in buildings located within two thousand six hundred forty feet of the right-of-way line of the existing interstate highway full interchanges at Interstate 10 and Palo Verde Boulevard and Interstate 10 and Cortaro Farms Road;
      2.   Minimum lot area: Two hundred seventeen thousand eight hundred square feet;
      3.   Maximum height: Sixty-four feet;
      4.   Height limit exceptions:
         a.   The height limit shall not apply to parapets, elevator or stairway penthouses, or any similar structures used solely for equipment and machinery of the mechanical, electrical or other utility systems of the building, and which do not occupy in total more than twenty-five percent of the roof area,
         b.   Signs shall be permitted on the side of the penthouses erected for the foregoing purposes, but not on the top of the penthouses;
      5.   Building setbacks:
         a.   Front: Fifty feet,
         b.   Side and rear: Ten feet for each story, but not less than thirty feet;
      6.   Enclosures:
         a.   All permanent uses shall be conducted entirely within enclosed buildings, including courtyards or atriums,
         b.   Outdoor storage of material is permitted if the storage area is completely enclosed by walls, fences, buildings, landscape screening or a combination thereof,
         c.   Walls and fences shall be not less than six feet in height, and
         d.   No material shall be stored to a height greater than the adjacent screening wall, fence, building or landscaping;
      7.   Exterior illumination: Illumination of buildings and open areas shall:
         a.   Be arranged to eliminate glare towards streets and adjoining properties, and
         b.   Meet all conditions of the county Light Pollution Code, as may be amended;
      8.   Prohibition: This use shall be prohibited on land that lies under any of the approach zones to an airport (refer to Chapter 18.57, AE Airport Environs and Facilities);
      9.   Fire protection: All structures shall include installation of sprinkler systems in accordance with the city of Tucson fire code.
   I.   Trail-Oriented Development: In accordance with Section 18.07.030(V) (Land use regulations).
(Ord. 2022-16 § 5, 2022; Ord. 2020-24, § 6, 2020; Ord. 2007-81 § 11, 2007; Ord. 2005-105 § 8, 2005; Ord. 1986-188 § 1 (part), 1986; Ord. 1985-152 § 1 (part), 1985; Ord. 1985-82 (part), 1985)