11.3.9.    RETAIL TRADE USE GROUP
   The Retail Trade Use Group includes Classes that involve the selling, leasing, or renting of merchandise to the general public. The following Classes and examples comprise the Retail Trade Use Group.
   A.   Construction Material Sales
   The sale of lumber or other materials. Typical uses include lumberyards, fence companies, and brick and block sales.
   B.   Food and Beverage Sales
   The retail sale of food or beverages for consumption off the premises, such as bakeries, butcher shops, grocery stores, and liquor stores.
      1.   Farmers’ Market
      A public or privately operated open-air establishment that allows the selling of agricultural products such as fruits, vegetables, mushrooms, herbs, nuts, flowers, nursery stock, food products such as eggs, honey, meat, milk, cheese, other dairy products and fish, as well as non-edible bee products and handcrafted items. The predominant sales area must be for food products.
   C.   General Merchandise Sales
   The selling, leasing, or renting of commonly used merchandise for personal or use and the providing of services to the selling, leasing, or renting of goods. Typical uses include department and variety stores, automotive accessories and new parts stores, fuel and lubricant sales, apparel stores, drugstores, florists, furniture stores, pet stores, and video tape rental and sales.
      1.   Home Improvement Center
      A facility of more than 30,000 square feet gross floor areas engaged in the retail sale of various basic hardware lines, such as tools, builders hardware, paint and glass, plumbing and electrical supplies, housewares and appliances, supplies, and cutlery.
      2.   Retail Establishment, Large
      A retail establishment (General Merchandise Sales), a retail grocery establishment (Food and Beverage Sales), or an establishment with a combination of both uses, comprised of more than 100,000 square feet of , that includes and any outside area which 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, that share checkstands, management, a controlling ownership interest, and storage areas, are considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.
      3.   Shopping Center
      A composed of an integrated group of establishments (stores), planned, constructed, and managed as a unit, utilizing common or shared facilities, such as , parking, and vehicular and pedestrian access, where no more than 50% of the is to uses with a parking formula of one space per 100 square feet of or a more intense formula. The individual establishments may be owned by a single entity or by separate entities.
   D.   Heavy Equipment Sales
   The sale, lease, or rental of heavy vehicles, heavy machinery, aircraft, farming equipment, or utility trailers. Typical uses include the sale of aircraft, commercial vehicles, and construction equipment.
   E.   Medical Marijuana Designated Caregiver Cultivation Location
   A Medical Marijuana Designated Caregiver Cultivation Location or Cultivation by a Designated Caregiver refers to cultivation of Medical Marijuana by a Designated Caregiver and Cardholder whose registration card indicates that the cardholder has been authorized to cultivate marijuana plants for a qualifying patient(s)’ medical use pursuant to The Arizona Medical Marijuana Act, A.R.S. § 36-2804.04.A.7. (Ord. No. 10850, § 6, 11/23/10)
   F.   Marijuana Dispensary
   A Marijuana Dispensary refers to the following:
      1.   "Nonprofit Medical Marijuana Dispensary" as set forth in The Arizona Medical Marijuana Act, A.R.S. § 36-2801.11.
      2.   "Dual Licensee" as set forth in The Arizona Smart and Safe Act, A.R.S. § 36-2850.9.
      A Marijuana Dispensary does not include a Marijuana Establishment, as set forth in the Arizona Smart and Safe Act, A.R.S. § 36-2850.18. 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 marijuana dispensary and marijuana establishment cooperatively in a shared location; and
         ii)   Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.
   G.   Marijuana Dispensary Off-site Cultivation Location
   A Marijuana Dispensary Off Site Cultivation Location means the additional location, if any, where marijuana may be cultivated for the use of a Marijuana Dispensary as disclosed pursuant to The Arizona Medical Marijuana Act, A.R.S. § 36-2804.B.1.b.ii and/or The Arizona Smart and Safe Act, A.R.S. § 36-2850.18.
   H.   Marijuana Dispensary Off-site Manufacturing Location
   A Marijuana Dispensary Off-site Manufacturing Location is the additional location, if any, where marijuana may be manufactured for the use of a Marijuana Dispensary as disclosed pursuant to The Arizona Smart and Safe Act, A.R.S. § 36-2850.15.
   I.   Medical Marijuana Qualifying Patient Cultivation Location
   A Medical Marijuana Qualifying Patient Cultivation Location shall mean cultivation of medical marijuana by a qualifying patient pursuant to The Arizona Medical Marijuana Act, A.R.S. §36-2801.1.a.ii, but shall only include a Qualifying Patient who is also a Cardholder, authorized to cultivate marijuana plants pursuant to the provisions of A.R.S. §36-2804.02.A.3.f.
   J.   Swap Meets and Auctions
   Occasional or periodic commercial activities held in an open area or where: 1) groups of sellers rent space on a short-term basis to display, barter, or sell goods to the public and at least 50% of swap meet space does not occupy the same allotted area on an uninterrupted, continuous, daily basis for the purpose of display and sale, exchange, or barter of merchandise, exclusive of occasional craft fairs and benefit sales held on public property; or 2) one or more sellers bring goods for auctioning to the public. Typical uses include swap meets, flea markets, and auctions.
   K.   Vehicle Rental and Sales
   The sale, lease, and/or rental of automobiles, motorcycles, noncommercial trucks, boats, vans, motor homes, trailers, or other recreational vehicles. Typical uses include automobile and truck dealers and rental agencies.
(Am. Ord. 11328, 12/8/2015; Am. Ord. 11828, passed 4/6/2021)