Montana § 76-2-210 Enforcement And Interpretation Of Zoning Provisions

Montana Statutes

§ 76-2-210 — Enforcement And Interpretation Of Zoning Provisions

Montana·Title 76 LAND RESOURCES AND USE·Ch. 2 PLANNING AND ZONING·Part 2 County Zoning

76-2-210 . Enforcement and interpretation of zoning provisions.

(1)If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may institute any appropriate action or proceedings to:

(a)prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(b)restrain, correct, or abate a violation;

(c)prevent the occupancy of the building, structure, or land; or

(d)prevent any illegal act, conduct, business, or use in or near the premises.

(2)In interpreting a use and in determining whether a use violates this part or a resolution a

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76-2-210 . Enforcement and interpretation of zoning provisions. (1) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may institute any appropriate action or proceedings to:
(a) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(b) restrain, correct, or abate a violation;
(c) prevent the occupancy of the building, structure, or land; or
(d) prevent any illegal act, conduct, business, or use in or near the premises.
(2) In interpreting a use and in determining whether a use violates this part or a resolution adopted under this part, any ambiguity or uncertainty in the zoning regulations as to whether the use is in violation must be interpreted in favor of the use in question.
(3) For the purposes of enforcing subsections (1)(a) through (1)(c), the county shall attempt to obtain voluntary compliance at least 30 days before filing a complaint for a violation of this part that is subject to the penalties under 76-2-211 .
(4) The board of county commissioners may appoint enforcing officers to supervise and enforce the provisions of the zoning resolutions.

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