If the use was established prior to implementing the current ordinance or a zoning change caused the previously conforming use to become nonconforming, what is this status called?

• A. Grandfathering
• B. Zoning variance
• C. Legal nonconforming use
• D. Nonconforming use

Answer: (C)

When a use was legally in place before a zoning change, and that change makes the existing use nonconforming, the status is called a legal nonconforming use. The key idea is that the use was lawful when it began, so it may continue under the new zoning, even though it doesn’t meet the current rules. It isn’t a variance, which would involve a formal exception to the zoning requirements, nor is it simply a generic nonconforming use, which doesn’t specify that it was legally established beforehand. “Grandfathering” is a casual way people talk about protections for preexisting uses, but the enforceable term you’d use in practice is legal nonconforming use. This status allows the use to continue as-is, though it typically can’t be expanded or restarted after abandonment, and it may be subject to other limitations depending on local ordinances.