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Land Use ControlsNonconforming UseMEDIUM

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.

Answer Options
A
Is illegal and must be immediately discontinued
B
Was lawfully established before a zoning change and is allowed to continue
C
Requires a conditional use permit to operate
D
Is permitted only on a temporary basis

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Related Topics & Key Terms

Related Topics:

grandfathered useamortization of nonconforming useszoning changesvested rightsconditional use permit

Key Terms:

nonconforming usegrandfatheredzoning changevested rightsprior lawful use
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