Hawaii Pre-Licensing National Practice Exam

What term describes the continued use of a property that was lawful before but now violates zoning regulations?

1. Grandfathered use

2. Nonconforming use

3. Illegal use

4. Permitted use

The correct answer is: Nonconforming use

The term that describes the continued use of a property that was lawful at one time but now violates current zoning regulations is "nonconforming use." This concept allows property owners to continue using their property in a manner that was previously permitted, even though updates to zoning ordinances may render that use no longer compliant. When an area undergoes zoning changes, existing properties that do not conform to new regulations can typically maintain their use under the nonconforming use provision. This ensures that property owners are not unduly penalized for uses that were legal when they initially established those uses, thus providing a level of protection for existing businesses and residences. Grandfathered use is often used interchangeably with nonconforming use, but the more precise legal term is "nonconforming use" as it specifically refers to properties that don't align with current zoning laws after a change. The terms illegal use and permitted use do not apply in this context, as they indicate a violation of regulations or compliance with them respectively.