Land Use & Zoning
In Montana, a property's nonconforming use status is typically lost when:
AThe property is sold to a new owner
BThe nonconforming use is abandoned for an extended period or the structure is destroyed beyond a certain threshold✓ Correct
CThe zoning district boundary changes
DThe municipality adopts a new comprehensive plan
Explanation
A legal nonconforming use in Montana (one that predated the current zoning and is 'grandfathered') can be lost through abandonment for the period specified in the local ordinance, or when a nonconforming structure is destroyed beyond a certain percentage (often 50%) of its value.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Option ContractA contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.
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