DETERMINATION OF NONCONFORMING STATUS
Tucson Unified Development Code § 9.1.4
in effect9.1.4. DETERMINATION OF NONCONFORMING STATUS
The burden of establishing that 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.
, 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 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.
is a legal nonconformity, in all cases, is solely upon the owner of such nonconformity. Application requirements are established by the Planning and Development Services Department (PDSD) Director
Director
The chief executive officer of a City department.
.
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/0-0-0-6900Fetched: 10/28/2026