DISCONTINUANCE OF A NONCONFORMING USE
Tucson Unified Development Code § 9.2.1
in effect9.2.1. DISCONTINUANCE 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 resumed if thenonconforming 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.
activity has been discontinued for less than six months.
A. A discontinued 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 substituted with another 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.
, as provided by Section 9.2.3, Substitution with a Use within the Same 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, and Section 9.2.4, Substitution with a Use from a Different 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, provided such 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 substituted within the six-month period.
B. The right to resume 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.
is lost if the discontinuance is for six months or more or if a change to a conforming use occurs. Determination of discontinuance is based upon a consideration of relevant activities and records, including, but not limited to, business license records and/or utility records and the continued maintenance of the property which indicates the intent to continue or discontinue such use. Property left in disrepair or in an unkempt condition is considered in the discontinuance of the use.
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/0-0-0-6910Fetched: 10/28/2026