Which term denotes a land use that existed lawfully before zoning restrictions and remains permissible even after the restrictions are in place?

• A. Use variance
• B. Hardship variance
• C. Spot zoning
• D. Nonconforming use

Answer: (D)

Nonconforming use is the status that fits this scenario. It describes a land use that was legal under the previous zoning rules and is allowed to continue after the zoning change, even though the current zoning would prohibit that use. The use is grandfathered in, so it can keep operating as-is, but typically can’t be expanded or used in a way that increases its impact.

A use variance would permit a use not allowed under current zoning, which isn’t about continuing an existing lawful use. A hardship variance refers to relief granted due to undue hardship, again not specifically tied to preexisting uses. Spot zoning involves singling out a small area for a different, generally improper zoning designation, not about preserving a preexisting nonconforming use.