4.9.9.  RETAIL TRADE USE GROUP
   A.   Food and Beverage Sales
      1.   One is permitted.
      2.   The maximum permitted area of the stand is as follows:
         a.   3,000 square feet.
         b.   750 square feet.
         c.   200 square feet.
      3.   Only the sale of farm products grown or produced on the premises is permitted.
      4.   The must be at least 20 feet from any .
      5.   The minimum from any intersection is 150 feet.
      6.   The shall be a minimum of 45 feet from the .
      7.   The minimum required is 800 square feet.
      8.   The maximum width of the entry to the is 30 feet.
      9.   If the stand is open more than six months per calendar year, the must be surfaced in accordance with Section 7.4.6.I, Surfacing Requirements. If open a shorter time, these areas shall be maintained to minimize dust.
      10.   The maximum permitted is 4,000 square feet.
      11.   The following standards apply to retail establishments:
         a.   The maximum permitted is 100,000 square feet of . The 100,000 square feet of includes , outdoor storage areas, and any outside area that provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The does not include motor vehicle parking or . For the purposes of determining the applicability of the 100,000 maximum, the aggregate square footage of all stores, which share cashiers, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.
         b.   Establishments greater than 100,000 square feet of (Large Retail Establishments) are considered for approval in accordance with the special exception procedure in accordance with the applicable .
      12.   Farmers’ Market
         a.   The predominant sales area must be for agriculture-related products.
         b.   Outdoor activity, including the outdoor display of products for sale, is permitted.
         c.   Compliance with the Tucson Code, Section 16-31, Excessive Noise (Neighborhood Preservation Ordinance) is required. Additionally, loudspeakers and amplified music are prohibited outdoors when within 300 feet of a residential use or . Any high noise activity, such as amplified entertainment, shall occur within an enclosed building when within 300 feet of a residential use or zone.
         d.   The retail area shall be dust proofed.
         e.   All litter, tents, stalls, food, merchandise, signs (on-site and off-site), and other evidence of the Farmers’ Market shall be removed from the premises at the end of the permitted operation time.
         f.   A Farmers’ Market shall not be operated more than two days each week.
         g.   A Farmers’ Market shall not be operated more than six hours per day between sunrise and sunset.
   B.   General Merchandise Sales
      1.   Outdoor display or storage of fertilizer, manure, or other odorous material shall be located at least 30 feet from any .
      2.   The maximum is 2,000 square feet.
      3.   The is limited to a maximum of 12 fuel dispensing locations.
      4.   The following standards shall apply to the retail establishment (store):
         a.   The retail establishment (store) is limited to a maximum of 100,000 square feet of . The 100,000 square feet of includes , outdoor storage areas, and any outside area that provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. Motor vehicle parking or are not included in the calculation.
         b.   For the purposes of determining the applicability of the 100,000 maximum, the aggregate square footage of all stores that share checkstands, management, a controlling ownership interest, and storage areas shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.
         c.   Establishments greater than 100,000 square feet of (Large Retail Establishments) shall be considered through a special exception process as provided in the applicable .
   C.   Heavy Equipment Sales
      1.   Any area used for the display or storage of heavy equipment shall be surfaced with a hard, durable, dustproof material.
      2.   Any lights used to illuminate outdoor activity shall be arranged so as to reflect the light away from residential uses or .
   D.   Large Retail Establishment Design Standards
   Large Retail Establishments shall be subject to the following use specific standards. Variances from the standards shall not be permitted; however, if one or more of the standards cannot be met, the applicant may request approval through the special exception process where there is substantial compliance with this section.
      1.    Design and Relationship to Surrounding Community
         a.   Vehicular Access
         The shall provide safety and protection to residential uses by having motor vehicle access from a major as designated by the adopted . Access can also be provided from a that is not designated by the , provided it can be shown that any negative impacts on residential uses or residentially zoned properties can be mitigated.
         b.   Buffers
         The shall provide visual and noise buffers where the is to a residential use or residentially zoned property. This can be accomplished by providing a minimum of at least 200 feet from a residential use or residentially zoned property that is to the . An eight foot high, or higher, masonry wall and at least a 20-foot wide landscape buffer shall be provided to the where it adjoins a residential use or residentially zoned property. The landscape buffer shall be placed on the inside of the wall and shall include, in addition to shrubs and groundcover, at 20- to 30-foot intervals depending on the separation needed for the tree canopies to touch at maturity to form a noise, light, and visual above the wall. No other uses, such as, but not limited to, parking or storage, shall be permitted within the landscape buffer area.
         c.   Outdoor Storage Areas
         The shall mitigate visual and noise impacts on residential uses, residentially zoned properties, and that may be to the from outdoor storage areas (when permitted by the requirements). The can be accomplished by locating these areas on- and at least 200 feet from any residential use or residentially zoned property that is to the . The areas should be screened or so that they are not visible from public , public , internal pedestrian walkways, or residential properties. The shall be at least eight feet high and of masonry construction to assure the highest level of noise abatement and to confine any loose papers, cartons, and other trash. Storage materials shall not be visible above the wall. It is preferred that these outdoor storage areas be placed between in a manner that would allow the to act as .
         d.   Trash Collection Areas
         The shall mitigate visual and noise impacts on residential neighborhoods and from trash collection areas by locating these areas on- and at least 200 feet from any residential use, residentially zoned property, and that is to the . The areas shall be screened or so that they are not visible from public , public , internal pedestrian walkways, or residential properties. Screening and of these areas shall conform to the predominant materials used on the . The shall be at least eight feet high and of masonry construction to assure the highest level of noise abatement and to confine any loose papers, cartons, and other trash. It is preferred that these trash collection areas be placed between to allow the to act as . No trash shall be removed between 4:00 p.m. and 9:00 a.m. as part of scheduled trash collection.
         e.   Pedestrian Flow
         The shall provide pedestrian accessibility, safety, and convenience to reduce traffic impacts and enable the to a friendly, inviting image. shall be at least eight feet wide and unobstructed and shall connect the public , the main entrances to the stores, transit stops on- or off- , and other on the , in addition to providing convenient access to residential neighborhoods. shall be provided along the full length of any where it adjoins a . shall have an associated three foot wide landscape strip for their entire length, except at intersections with ( ). The shall include or other shading devices to shade at least 65 to 75% of the during the major part of the day (shadow pattern needs to be taken into consideration).
         f.   Central Features and Community Spaces
         The shall provide attractive and inviting pedestrian scale features, spaces, and amenities. Entrances and locations shall be functional and inviting with walkways conveniently tied to logical destinations. Bus stops should be considered integral parts of the configuration whether they are located on- or along the . Customer drop-off/pick-up points that may be provided should also be integrated into the design (shall not conflict with traffic lanes or pedestrian paths). Pedestrian ways shall be anchored by special design features, such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features that define circulation paths and outdoor spaces. Examples are outdoor plazas, patios, courtyards, and window shopping areas. Each shall have at least two of these features.
         g.   Delivery and Loading Spaces
            (1)   Delivery and loading operations shall be designed and located to mitigate visual and noise impacts to residential neighborhoods. If there is a residential use or residentially zoned property to the , such operations shall not be permitted between 10:00 p.m. and 7:00 a.m. Delivery and loading spaces shall be at least 200 feet from a residential use or residentially zoned property that is to the , unless such operations are located entirely within an , provided it is no closer than the allowable .
            (2)   Delivery trucks shall not be parked in close proximity to or within a designated delivery or during non-delivery hours with motors and/or refrigeration/generators running, unless the area where the trucks are parked is at least 300 feet from residential property to mitigate the truck noise. The shall not apply if the main is located between the truck parking and the residential use or residentially zoned property to act as the .
            (3)   The delivery and shall be screened or enclosed so that they are not visible from public , public , internal pedestrian walkways, or properties. The shall be of masonry construction and at least ten feet high, measured from the loading dock floor elevation, to the noise and activity at the loading dock. The masonry assures the highest level of noise abatement. It is preferred that the delivery and loading spaces be within a or placed between in a manner that would allow the to act as .
         h.   Traffic Impacts
         The applicant shall have a professional entity perform a Traffic Impact Analysis (TIA) report for the using the Institute of Transportation Engineers’ Trip Generation publication as the standard for trip generation calculation, as well as a parking generation report proposing the number of required for the , if different from shopping center calculations. The scope and standards for the TIA report shall be approved by the Department of Transportation, prior to submittal of the TIA report. The parking generation report shall be accepted by the Department of Transportation and PDSD, prior to the first public hearing. The TIA report shall identify traffic flow impacts on the public , recommend measures to address those conditions that fall below the standards established by the adopted regional Mobility Management Plan, and show how the applicant will provide the recommended . The Mayor and Council may approve a parking requirement that supersedes the number required by Section 7.4, Motor Vehicle and Parking, as part of their review process. The TIA and parking generation reports are applicable to a specific application. Any change to the specific proposed use of the and requires resubmittal, review, and approval of a revised TIA report and revised parking generation report.
         i.   Outdoor Lighting
         A photometric plan and outdoor lighting report shall be required that provides information on how outdoor lighting is addressed to mitigate negative impacts on residential uses or residentially zoned properties. The report shall also address the negative impacts of outdoor lighting between the hours of 10:00 p.m. and 7:00 a.m. on residential properties or and how they will be mitigated. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be limited to low-pressure sodium lighting.
         j.   Outdoor Sales Display/Ancillary Uses
         Measures to mitigate any negative impacts to a residential use or residentially zoned property that is to the from the location of any outdoor activity associated with services to the public, such as, but not limited to, outdoor merchandise display and sales, outdoor storage, and outdoor snack bar and eating areas shall be required. The outside activity shall be at least 250 feet and oriented to face away from any residential use or residentially zoned property that is to the , unless a is located between the activity and the residential property.
         k.   Hazardous Materials
         The shall provide a Hazardous Materials Management Plan and Hazardous Materials Inventory Statement as provided in the Fire Code to assure that the and design will protect public health and safety from accidental exposure to hazardous materials as provided in the Tucson Fire Code.
         l.   Noise Abatement
         The shall provide a noise plan indicating how the noise initiated by the will be mitigated to comply with noise standards in Section 16-31, Excessive Noise, of the Tucson Code. Trucks shall not be left idling between the hours of 6:00 p.m. and 7:00 a.m.
         m.   Combination of Retail with Food and Beverage Sales
         General Merchandise Sales and retail sales shall not be combined with Food and Beverage Sales except where one of the Classes consists of less than 10% of the .
      2.   Aesthetic Character of
         a.   Facades and Exterior Walls Including Sides and Back
         The shall be designed in a way that will reduce the massive scale and uniform and impersonal appearance and will provide visual interest consistent with the community’s identity, character, and scale. Long walls shall be broken up with projections or recessions with depths of at least 3% of the facade length along all sides of the . Along any public , the design should include windows, arcades, or awnings along at least 60% of the length. Architectural treatment, similar to that provided to the front facade, shall be provided to the sides and rear of the to mitigate any negative view from properties and/or .
         b.   Detail Features
         The shall provide architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the wall, front, side, or rear, with color, texture change, wall offsets, reveals, or projecting ribs.
         c.   Roofs
         The roof design shall provide variations in roof lines to add interest to, and reduce the massive scale of, large . Roof features shall complement the architectural and visual character of neighborhoods. Roofs shall include two or more roof planes. Parapet walls shall be architecturally treated to avoid a plain, monotonous look, unless it is in keeping with the architectural style of the , e.g., Santa Fe style with smooth walls.
         d.   Materials and Color
         The shall have exterior materials and colors that are aesthetically pleasing and with materials and colors that are used in neighborhoods. This includes the use of high-quality materials and colors that are low reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided, e.g., fluorescent or metallic. Construction materials, such as tilt-up concrete, smooth-faced concrete , prefabricated steel panels, and other similar material shall be avoided, unless the exterior surface is covered with an acceptable architectural treatment.
         e.   Entryways
         The design shall provide design elements that give customers orientation on accessibility and that add aesthetically pleasing character to by providing clearly-defined, highly-visible customer entrances.
         f.   Screening of Mechanical Equipment
            (1)   Roof- or ground-mounted mechanical equipment shall be screened to mitigate noise and views in all directions. If roof mounted, the shall be designed to conform architecturally with the design of the , whether it is with varying roof planes or with parapet walls. A wood fence or similar treatment is not acceptable.
            (2)   Ground-mounted mechanical equipment shall be screened. The shall be of masonry construction and be of sufficient to block the view and noise of the equipment.
      3.   Design Review Board (DRB)
      All proposed Large Retail Establishments shall be reviewed by the Design Review Board (DRB) for recommendation to the PDSD , who will make a recommendation on whether the complies with the use specific standards. The DRB will base its recommendation on whether or not the complies with the use specific standards related to , architecture, and design, as provided in Section 4.9.9.D, Large Retail Establishment Design Standards, where specific requirements are not provided. The applicant shall be responsible for providing all documentation and information necessary to show compliance, such as, but not limited to, , elevations, plans, floor plans, and outdoor lighting photometry plan.
   E.   Marijuana Facility
      1.    . As provided in Section 11.3.9.F.2, a does not include a Marijuana Establishment. To the fullest extent allowable by law, the operation of a Marijuana Establishment is prohibited in the City of Tucson except where authorized for a dual licensee who:
            i)   Operates both a nonprofit medical and marijuana establishment cooperatively in a shared location; and
            ii)   Has not forfeited or terminated the nonprofit medical registration from the Department.
         a.   The total maximum of a shall not exceed 10,000 square feet.
         b.   A medical marijuana dispensary shall be located in a permanent and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, , or other motor vehicle. “ ” shall have the same meaning provided in Section 11.4.3, Definitions-B.
         c.   The permitted hours of operation of a are from 7:00 a.m. to 10:00 p.m.
         d.   A shall have an interior customer equal to a minimum of 25% of the sales . For purposes of this section, sales is defined as any area open to customers for the sale of products. This does not include waiting areas, areas for production and storing of products, or offices.
         e.   A shall not have outdoor seating areas.
         f.   A may deliver marijuana, once rules permitting and regulating delivery are approved by the AZDHS and become effective, and shall comply with state law and all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
         g.     A shall be a minimum of 2,000 feet from any other marijuana dispensaries, measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries.
         h.   A shall be a minimum of 500 feet from a K-12 public, private, or charter school or a licensed childcare center, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the to the closest of a school or childcare center. Exception: For the purposes of this section, the following uses are not considered schools and, therefore, are exempt from the requirement: 1) school administrative offices not located on or contiguous with a school site; and, 2) athletic fields or playgrounds used for school functions that are not contiguous with a school site, except as provided in Section 4.9.9.E.1.k.
         i.   A  shall be a minimum of 500 feet from a public park listed in Section 6: Marijuana Dispensary and Dispensary Off-Site Cultivation Uses - Required Setback from Certain Parks, of the Technical Standards Manual, or library and a minimum of 500 feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the to the closest of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitation facility.
         j.   The expansion of an existing shall be 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 to the closest of a school.
         k.   A and associated uses such as infusion kitchens, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
         l.   Odor
            (1)   Odor devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. As such, this may be done through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices deemed adequate for odor mitigation as determined by the Zoning Administrator.
            (2)    An odor plan shall be submitted demonstrating compliance with odor control requirements. 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, and requirements for bringing the entire up to code per Sections 7.4.3.E, 7.5.3.E, 7.6.2.B & 9.2.2, the marijuana facility owner must update its odor plan within 30 days of facility modification. Failure to submit an updated odor plan within 30 days of facility modification is a of this section and shall be a civil infraction. 
            (3)   Upon receipt of a formal complaint through code enforcement related to a marijuana facility's odor, an inspection for compliance with the odor mitigation plan shall be conducted. If an inspection reveals that the existing odor mitigation plan does not comply with the odor plan for the marijuana facility or marijuana facility's cultivation , code enforcement shall provide the owner or person in charge with a notice of deficiencies and the owner or person in charge will be required to bring facility into compliance with the approved odor mitigation plan.
      2.   Marijuana Dispensary Off-Site Cultivation Location/Manufacturing Location
         a.   In the C-2 and C-3 zones, the total maximum of a medical shall not exceed 10,000 square feet.
         b.   In the P-I, I-1 and I-2 zones, there is no size limit.
         c.   In the C-2 and C-3 zones, a medical shall be located in a permanent and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, , or other motor vehicle. “ ” shall have the meaning provided in Section 11.4.
         d.   In the I-1 and I-2 zones, a , or a in the P-1, I-1, and I-2 zones, 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.
         e.   In the C-2 and C-3 zones, a shall be a minimum of 2,000 feet from any other marijuana dispensaries or marijuana dispensary off-site cultivation locations measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries' cultivation locations.
         f.   In the C-2 and C-3 zones, a shall be a minimum of 1,000 feet from a K-12 public, private or charter school or a licensed childcare center measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana off-site cultivation location to the nearest of a school or childcare center. Exception: For the purposes of this section, the following uses are not considered schools, and therefore, exempt from the requirement: 1) school administrative offices not located on or contiguous with a school ; and, 2) except as provided in Section 4.9.9.E.k, athletic fields or playgrounds used for school functions that are not contiguous with a school .
         g.    In the C-2 and C-3 zones, a shall be a minimum of 1,000 feet from a public park listed in Section 6:  Marijuana Dispensary and Dispensary Off-Site Cultivation Uses - Required Setback from Certain Parks, of the Technical Standards Manual or library and a minimum of 1,000 feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the to the closest of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitation facility.
         h.   In the I-1 and I-2 zones, a , or a in the P-1, I-1, and I-2 zones, shall be 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 off-site cultivation location to the closest of a school.
         i.   A marijuana off-site cultivation location or a and associated uses such as infusion kitchens, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
         j.   A or shall provide only wholesale products to other marijuana dispensaries, marijuana dispensary off-site manufacturing locations, or marijuana dispensary off-site cultivation locations.
         k.   Odor  
            (1)   Odor devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. As such, this may be done through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices deemed adequate for odor as determined by the Zoning Administrator.
            (2)   An odor plan shall be submitted demonstrating compliance with odor control requirements. 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, and requirements for bringing the entire site up to code per Sections 7.4.3.E, 7.5.3.E, 7.6.2.B & 9.2.2, the marijuana facility owner must update its odor plan within 30 days of facility modification. Failure to submit an updated odor plan within 30 days of facility modification is a of this section and shall be a civil infraction. 
            (3)   Upon receipt of a formal complaint through code enforcement related to a marijuana facility's odor, an inspection for compliance with the odor plan shall be conducted. If an inspection reveals that the existing odor plan does not comply with the odor plan for the marijuana facility or marijuana facility's cultivation , code enforcement shall provide the owner or person in charge with a notice of deficiencies and the owner or person in charge will be required to bring facility into compliance with the approved odor plan.
      3.   Medical Marijuana Designated Caregiver Cultivation Location
         a.   All conditions and restrictions for medical marijuana dispensary off- cultivation locations apply except that the designated caregiver cultivation location cultivation area is limited to a total 250 square feet maximum, including any storage areas.
         b.   A designated caregiver may cultivate at their residence for a single qualifying patient subject to compliance with A.R.S. § 36-2806.01.
         c.   More than one designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed 250 square feet maximum, including storage areas.
         d.   A designated caregiver shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
      4.   Medical Marijuana Qualifying Patient Cultivation Location
         a.   A qualifying patient may cultivate at their place of residence subject to compliance with A.R.S. § 36-2806.01.
         b.   A qualifying patient, cultivating marijuana, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
   F.   Swap Meets and Auctions
      1.   Large shall not be sold.
      2.   Area lighting shall be low-pressure sodium and shielded on top.
      3.   The retail area shall be dust-proofed.
      4.   The following additional requirements apply if the use is located within 400 feet of a residential use or .
         a.   The use shall not operate later than 11:00 p.m.
         b.   Any high-noise activity, such as amplified auctioneering, entertainment, or woodworking, shall occur within an .
   G.   Vehicle Rental and Sales
      1.   Outdoor lights shall not operate later than 10:00 p.m., except for security lighting provided it does not exceed 10% of all outdoor lighting.
      2.   Any lights used to illuminate outdoor activity shall be arranged so as to reflect the light away from property and comply with Chapter 6, Outdoor Lighting Code, of the Tucson Code.
      3.   Limited to rental only; no retail sales.
(Am. Ord. 11199, 9/9/2014; Am. Ord. 11328, 12/8/2015; Am. Ord. 11346, 2/23/2016; Am. Ord. 11612, passed 1/8/2019; Am. Ord. 11828, passed 4/6/2021)