NONCONFORMING USES, BUILDINGS AND STRUCTURES

Tucson Unified Development Code art. 9

in effect

Tucson Unified Development Code § 9.1.1 INTRODUCTION

9.1.1. INTRODUCTION Uses, buildings 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 structures 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. that came into existence legally but that do not comply with one or more requirements of the Unified Development Code (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. may continue to operate or be used as provided below. 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 discontinued, resumed, expanded, or 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. , and nonconforming structures Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. may be reconstructed or expanded as provided below, except for advertising and outdoor signs, which are regulated by the Sign Code, Article 7A, Sign Standards. (Am. Ord. 11508, 12/5/2017)

Tucson Unified Development Code § 9.1.2 APPLICABILITY

9.1.2. APPLICABILITY This Article applies to nonconforming uses 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. , buildings 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 structures Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. created by initial adoption of or amendments to 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. . It also applies to nonconforming uses 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. , buildings 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 structures 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. that were legal nonconforming under previously applicable ordinances and nonconforming created by the adoption of original City City Same as City of Tucson. zoning for a newly annexed areas, even if the type or extent of nonconformity is different.

Tucson Unified Development Code § 9.1.3 CONTINUATION PERMITTED

9.1.3. CONTINUATION PERMITTED Any 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. that legally existed on January 2, 2013, or that becomes nonconforming upon the adoption of any amendment to 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. or original City City Same as City of Tucson. zoning may be continued in accordance with the provisions of this article. (Am. Ord. 11070, 5/14/2013)

Tucson Unified Development Code § 9.1.4 DETERMINATION OF NONCONFORMING STATUS

9.1.4. 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. .

Tucson Unified Development Code § 9.1.5 REPAIRS AND MAINTENANCE

9.1.5. REPAIRS AND MAINTENANCE Incidental Incidental Happening in connection with something more important; secondary or minor. repairs and normal maintenance of nonconforming buildings 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 structures Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. are permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by 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. . Nothing in this article shall be construed to prevent structures 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. from being structurally strengthened or restored to a safe condition to conform to the City City Same as City of Tucson. ’s adopted 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 Fire Code.

Tucson Unified Development Code § 9.1.6 RESTORING UNSAFE STRUCTURES

9.1.6. RESTORING UNSAFE STRUCTURES Nothing in this 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. shall prevent the strengthening, restoration, or upgrading of a 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. to conform to the City City Same as City of Tucson. ’s adopted 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 Fire Code.

Tucson Unified Development Code § 9.1.7 TENANCY AND OWNERSHIP

9.1.7. TENANCY AND OWNERSHIP The status of a nonconformity is not affected by changes of tenancy, ownership, or management.

Tucson Unified Development Code § 9.2 NONCONFORMING USE

9.2. 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 discontinued, resumed, expanded, or 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 below.

Tucson Unified Development Code § 9.2.1 DISCONTINUANCE OF A NONCONFORMING USE

9.2.1. 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.

Tucson Unified Development Code § 9.2.2 EXPANSION OF A NONCONFORMING USE

9.2.2. 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.

Tucson Unified Development Code § 9.2.3 SUBSTITUTION WITH A USE WITHIN THE SAME LAND USE CLASS

9.2.3. SUBSTITUTION WITH A USE WITHIN THE SAME LAND USE CLASS An 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. may be substituted with the same use or another use from 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 without affecting the nonconforming status of the use or structures 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. on the property. The substitution may be approved in accordance with Section 3.3.3, PDSD Director Director The chief executive officer of a City department. Approval Procedure, if the substitute use complies with Section 9.2.4.B, .C, and .D.

Tucson Unified Development Code § 9.2.4 SUBSTITUTION WITH A USE FROM A DIFFERENT LAND USE CLASS

9.2.4. SUBSTITUTION WITH A USE FROM A DIFFERENT LAND USE CLASS 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 substituted with a use from a 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 that is different from the one to which 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. belongs, provided it is approved in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided the use complies with the following standards before and after the substitute use is in operation: A. The substitute use is a use permitted in the most restrictive zoning classification in which 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. is permitted as of right; B. The substitute use does not generate additional traffic or noise, have longer hours of operation, have additional outside lighting, or cause other negative impacts on adjoining Adjoining Same as abutting. Abutting Having a common boundary. Parcels or lots having only a common corner are not considered abutting. properties greater than those associated with 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. ; C. The substitute use provides parking as required by 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. . A modification to the parking standards may be requested in accordance with Section 7.4.10, Parking Design Modification Request, or Sections 3.10.1 and 2.10.3, Board of Adjustment Variance Procedure; and, D. The substitute use does not propose an extension or enlargement of the 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 of the areas occupied by 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. , except as provided for expansion in Section 9.2.2, Expansion of 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. .

Tucson Unified Development Code § 9.2.5 CHANGE IN NONCONFORMING STATUS

9.2.5. CHANGE IN NONCONFORMING STATUS When a substitute use is allowed in a zoning district Zoning District Designated areas that are zones and/or districts. In a Planned Community District (PCD), a zoning district is an area within a Development Area (DA) comparable to a zoning district established by the UDC, containing one or more land uses and for which the Development Guidelines and Standards in the Master Development Plan (MDP) may be established as provided in Section 2-05.3.2.A.4 of the Administrative Manual. that is a more 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. than the zoning district Zoning District Designated areas that are zones and/or districts. In a Planned Community District (PCD), a zoning district is an area within a Development Area (DA) comparable to a zoning district established by the UDC, containing one or more land uses and for which the Development Guidelines and Standards in the Master Development Plan (MDP) may be established as provided in Section 2-05.3.2.A.4 of the Administrative Manual. in which 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. is first allowed, the nonconforming status for that parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. changes to the more restrictive More Restrictive Zoning See Section 4.5, More Restrictive Zoning. zoning district Zoning District Designated areas that are zones and/or districts. In a Planned Community District (PCD), a zoning district is an area within a Development Area (DA) comparable to a zoning district established by the UDC, containing one or more land uses and for which the Development Guidelines and Standards in the Master Development Plan (MDP) may be established as provided in Section 2-05.3.2.A.4 of the Administrative Manual. .

Tucson Unified Development Code § 9.3 NONCONFORMING STRUCTURE

9.3. NONCONFORMING STRUCTURE A nonconforming structure Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. may be reconstructed or expanded as provided below.

Tucson Unified Development Code § 9.3.1 RECONSTRUCTION

9.3.1. RECONSTRUCTION A. Any nonconforming structure Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. or groups of nonconforming structures Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. damaged by natural causes, such as, but not limited to, fire, flood, and lightning, may be reconstructed and used as before with the following limitations. 1. Permits to reconstruct the 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. must be issued within 12 months of the occurrence. 2. The reconstruction of the 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. may not exceed the original footprint or square footage as it existed at the time of the occurrence. B. Except as set forth in Section 9.2.1, Discontinuance of 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. , a nonconforming structure Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. that is demolished loses its nonconforming status.

Tucson Unified Development Code § 9.3.2 EXPANSION

9.3.2. EXPANSION Nonconforming structures Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. may continue to be utilized as they existed at the time such structures 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. became nonconforming; however, any expansions made to nonconforming structures Nonconforming Structure or Lot A structure or portion thereof that was lawfully erected or altered or a lot that was legally established that no longer complies with the specific land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the building or structure or lot is located. after the date of the creation of the nonconformity must be in compliance with current standards. The proposed expansion of a nonconforming 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. to rebuild any part of a 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. damaged or demolished due to a government act, such as right-of-way Right-of-Way An area reserved for a public or private use, such as, but not limited to, street or alley rights-of-way and utility easements. condemnation, does not count toward the 50% expansion standards of Section 9.2.2, Expansion of 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. ; however, any new construction must comply 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. .

Tucson Unified Development Code § 9.3.3 LOSS OF NONCONFORMING STATUS

9.3.3. LOSS OF NONCONFORMING STATUS When a 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 altered to comply with applicable 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 of the underlying zoning, the nonconforming status of that 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 terminated.

Tucson Unified Development Code § 9.3.4 NONCONFORMING PARKING AREAS

9.3.4. NONCONFORMING PARKING AREAS Nonconforming parking areas Parking Area Same as Vehicular Use Area. Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. may be reconstructed, repaved, restriped, or improved with landscaping Landscaping An exterior improvement of a site in accordance with an approved landscape plan and approved landscape methods, materials, and maintenance. , additional buffers, lighting, or similar modifications, including the redesign of the parking area Parking Area Same as Vehicular Use Area. Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. layout. The proposed modifications are processed in accordance with Section 3.3.3, PDSD Director Director The chief executive officer of a City department. Approval Procedure, if the modifications meet the following standards: A. The modifications are in the interest of public health and safety; B. The modifications do not increase the intensity 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. of the parking lot Parking Lot Same as Vehicular Use Area. Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. ; and, C. There is a reduction, or no change, in the adverse impact of the nonconforming parking lot Parking Lot Same as Vehicular Use Area. Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. on adjacent Adjacent Two or more parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots 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. sharing a common boundary or separated by an alley Alley Alleys are public ways used for the placement of utilities, refuse collection, or similar public services, and under certain circumstances as provided in the UDC, access to individual properties. or other right-of-way Right-of-Way An area reserved for a public or private use, such as, but not limited to, street or alley rights-of-way and utility easements. 20 feet or less in width. Parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots 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. having only a common corner are considered adjacent. Within the Infill Incentive District District A zone that has zoning options to encourage transit-oriented development or has specific urban design standards within the City. Examples include the Rio Nuevo District, the Downtown Area Infill Incentive District. A “district” is also referred to as a zoning district. , Optional Zoning Sub-Districts, Areas and Sub-Areas, the term "adjacent" or "adjacency" means: A. Two or more parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots 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. sharing a common boundary or separated by an ally Alley Alleys are public ways used for the placement of utilities, refuse collection, or similar public services, and under certain circumstances as provided in the UDC, access to individual properties. or a local Local Street A street that primarily serves as access to a residence or other abutting property. or arterial street Arterial Street A street identified as an arterial or Interstate Route on the Major Streets and Routes (MS&R) Plan. 30 feet or less in width. Parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots 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. having only a common corner are also considered adjacent. B. Where 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. parcel is an interior parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , adjacent lots 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. includes all residential lots 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. or 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. on either side of 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , those lots 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. fronting on the same street Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. in the same block Block A unit of land bounded by streets or by a combination of streets and public lands, railroad rights-of-way, watercourses, or other barriers to the continuity of the unit of land. A block may be comprised of one or more lots. A block made up of one lot may also be referred to as a lot or parcel. as 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , and all those lots 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. on the opposite side of that street Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. (See Figure, "Interior 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. "); C. Where 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. is a corner 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. , the term "adjacent" includes all the residential corner lots 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. or developments 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. diagonally opposite 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , fronting on the same two streets Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. in the same block Block A unit of land bounded by streets or by a combination of streets and public lands, railroad rights-of-way, watercourses, or other barriers to the continuity of the unit of land. A block may be comprised of one or more lots. A block made up of one lot may also be referred to as a lot or parcel. , and on the opposite sides of those streets Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. as shown in the diagram below (See Figure, "Corner 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. "); D. Where 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. is adjacent to an HPZ, the term "adjacent" includes all lots 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. across the street Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. and diagonally across from 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. . residentially zoned properties.

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/0-0-0-6872Fetched: 10/28/2026