Land Use & Zoning
In Montana, a 'nonconforming structure' (one that doesn't meet current setback, height, or other dimensional standards due to a subsequent zoning change) is:
ARequired to be demolished immediately
BPermitted to remain and be used but may not be expanded in a way that increases the nonconformity✓ Correct
CRequired to be brought into compliance within 5 years
DSubject to doubled property taxes as a penalty
Explanation
A legally nonconforming structure in Montana predates the current zoning requirements that make it nonconforming. It may continue to be used but generally cannot be expanded in a way that increases or extends the nonconformity. If substantially destroyed, it may not be rebuilt to the same nonconforming dimensions.
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