When a municipality allows a specific property use that is not aligned with current zoning laws, what is it called?

The situation described reflects a nonconforming use, which occurs when a property is used in a manner that does not comply with current zoning regulations but was lawful at the time the use began. This often arises when zoning laws change, and certain uses become incompatible with new zoning designations. A nonconforming use is essentially "grandfathered in," allowing the existing use to continue despite changes in zoning laws.

In contrast, a variance is a request to deviate from current zoning requirements, typically applied for prior to constructing or altering a property's structure to accommodate a specific need. A conditional use permit allows for a use that is generally not permitted by right under the zoning law but may be allowed under specific circumstances. A special use permit is similar to a conditional use permit but typically refers to uses that are allowed in certain zoning districts if specific criteria are met. While these terms are related to zoning and property use, they do not accurately describe the scenario where a property is currently being used in a manner that does not comply with the current zoning, which is why nonconforming use is the most appropriate term.