National Real Estate Exam (PSI)Land Use Controls and RegulationsEasy
A retail store has operated in a neighborhood for 40 years. The city later rezoned the area exclusively for residential use, but the store was allowed to continue operating because it existed before the zoning change. What is this called?
- AA special use permit
- BSpot zoning
- CA variance
- DA legal nonconforming use
Show answer & explanationAnswer & explanation
Correct answer: D. A legal nonconforming use
A legal nonconforming use ('grandfathered') allows a use that existed lawfully before a zoning change to continue, even though it no longer conforms to current zoning. It generally cannot be expanded or rebuilt if destroyed beyond a certain percentage.
Why the other options are wrong
- A. A special use permit allows a specific use not otherwise permitted, requiring approval, not automatic continuation.
- B. Spot zoning refers to improperly rezoning a single parcel differently from surrounding uses.
- C. A variance is permission to deviate from current zoning rules for a new project, not protection for an existing use.
Legal Nonconforming Use
A use of property that was lawful when established but no longer conforms to current zoning, and is allowed to continue under a 'grandfather' clause.
- Must have existed legally before the zoning change
- Cannot usually be expanded or substantially rebuilt
- Use is typically eliminated once discontinued for a set period
Memory trick: 'Grandfathered in' means the old use gets to stay.