EXPANSION OF A NONCONFORMING USE
Tucson Unified Development Code § 9.2.2
in effect9.2.2. EXPANSION OF A NONCONFORMING USE
A nonconforming use
Nonconforming Use
An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located.
may be expanded within an existing or new structure
Structure
A physical element constructed or erected with a fixed location on the ground or attached to another physical element having a fixed location at, below, or above grade. Structures include such elements as, but are not limited to, buildings, paved areas, walls, fences, posts, and patios.
or in land area subject to approval by the Zoning Examiner in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided such expansion complies with the following standards:
A. The expansion is being undertaken within five years of the time the use became nonconforming;
B. The expansion complies with the UDC
Unified Development Code (UDC)
Chapter 23B of the Tucson Code as adopted by the Mayor and Council establishing zoning regulations governing the use, placement, spacing, and size of land and structures within the corporate limits of the City. Such regulations are applied on individual properties through the use of zoning districts. The boundaries of these districts are depicted on the adopted City Zoning Maps. For the purposes of convenience and ease of use, the UDC is also published as a separate book from the Tucson Code.
standards. These standards include, but are not limited to, setbacks
Setback
The distance from a set point and is frequently used interchangeably with the term “perimeter yard.” Setbacks may also pertain to drainage-related or other setbacks.
applicable to the use itself or for new construction, bicycle
Bicycle
A nonmotorized device propelled only by human power having two or three wheels, any of which is more than 16 inches in diameter.
and motor vehicle parking standards, and landscaping
Landscaping
An exterior improvement of a site in accordance with an approved landscape plan and approved landscape methods, materials, and maintenance.
and screening standards;
C. The expansion is for the principal use
Principal Use
The primary use to which the premises is devoted and the primary purpose for which the premises exist.
or for a use that is accessory and incidental
Incidental
Happening in connection with something more important; secondary or minor.
to the operation of the existing nonconforming use
Nonconforming Use
An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located.
;
D. The amount of expansion does not exceed 50% of the floor area
Floor Area
Same as Gross Floor Area.
Gross Floor Area
The sum of the horizontal areas of all floors of all buildings, including accessory buildings on a lot, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and includes elevator shafts and the stairwells at each story. Gross floor area includes floor space with structural headroom of six feet and six inches or more used for mechanical equipment; penthouses; attic space; interior balconies; mezzanines; and service bays but does not include any interior space used for parking, loading, or loading space that is incidental to the principal use.
of the existing building
Building
A structure having a roof supported by columns, posts, or walls and intended for the shelter, housing, or enclosure of any person, entity, animal, process, equipment, goods, or materials of any kind or nature.
or land area devoted to the existing nonconforming use
Nonconforming Use
An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located.
. Incremental expansions, cumulatively, shall not exceed the 50% provision;
E. The expansion area adjoins the land area, within the same lot
Lot
A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street.
, which houses the nonconforming use
Nonconforming Use
An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located.
; and,
F. The expansion must comply with the development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
standards listed for the Land Use
Land Use
A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses.
Class of the nonconforming use
Nonconforming Use
An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located.
in the most restrictive zone
Zone
A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district.
in which the nonconforming use
Nonconforming Use
An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located.
is permitted as of right.
Source: City of Tucson, Tucson Code (Charter and General Ordinances) and Unified Development Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-6914Fetched: 10/28/2026