Which term describes a land use that existed legally before the current zoning restrictions and is allowed to continue?

• A. Use variance
• B. Special exception
• C. Nonconforming use
• D. Eminent domain

Answer: (C)

A nonconforming use is a land use that was legal under the previous zoning and is allowed to continue even after new zoning would prohibit it. This status keeps a prior, already-existing use from being abruptly removed when zoning changes, recognizing vested rights and stability for property owners. The use can continue as long as it remains nonconforming—typically with limits on expansion or significant alterations, and it may end if the use is abandoned or the structure is destroyed beyond repair.

This concept differs from a variance, which is special permission to depart from a zoning rule due to unique hardship; a special exception is a permitted use that is allowed only if specific conditions are met; and eminent domain involves the government taking private property for public use with compensation.