Which term describes the ongoing nonconformity of a use that existed before a zoning ordinance change?

• A. Nonconforming use
• B. Grandfathering
• C. Legal nonconforming use
• D. Special use / public zoning

Answer: (C)

When a zoning ordinance changes, a use that was already in place and legal before the change can continue even though it doesn’t fit the new zoning. That ongoing, pre-existing use is described as a legal nonconforming use. The key idea is that the use was lawful at the time of the ordinance change, so it’s allowed to continue under the newer zoning rules, though typically it can’t be expanded or moved to a new location. If the use is abandoned or destroyed beyond a certain point, it may lose this status.

This term is more precise than a general nonconforming use, which doesn’t explicitly state the prior legality. Grandfathering is a more informal way people describe this idea, but the formal term used in planning and zoning is legal nonconforming use. Special use or public zoning refers to uses that require a specific permit, not to pre-existing uses.