A nonconforming use in zoning law refers to a use that:
Correct Answer
B) Was lawfully established before a zoning change and is allowed to continue
A nonconforming use is one that was legally established before a zoning change made it noncompliant with current regulations. Montana law generally allows these uses to continue — commonly referred to as being 'grandfathered' — because it would be unfair to force immediate discontinuation of a previously lawful use. However, nonconforming uses typically cannot be expanded, and if the structure is substantially destroyed, it generally cannot be rebuilt as a nonconforming use.
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