974 CMR 1.15 - Nonconforming Uses and Structures
(1) As of the effective date of the By-laws,
Devens contains numerous existing buildings and structures and existing uses of
land. To the extent those existing buildings, structures, and uses do not
conform to the By-laws and 974 CMR applicable to the zoning district in which a
parcel is located, such parcel and the building and structures thereon, or the
use thereof, shall be considered nonconforming under Article VII of the
By-laws.
(2) Within two years of
September 30, 1995, MassDevelopment shall compile and submit to the DEC a list
of nonconforming buildings and structures which, by virtue of their inclusion
on such list, shall retain the status of a nonconforming building or structure
for a two year period beginning on September 30, 1997. Every two years
thereafter, MassDevelopment shall compile and submit to the DEC revised list of
nonconforming buildings and structures which shall likewise retain the status
of the nonconforming buildings or structures included on such lists as a
nonconforming building or structure during the two year period covered by such
revised lists. In the event that an existing building or structure is not
included on the original list or subsequent revisions thereof, it shall no
longer be entitled to the protections afforded to a nonconforming building or
structure pursuant to Article VII of the By-law. In order to receive a Unified
Permit, the building shall be made conforming or the Applicant must obtain a
variance from the DEC. Once a Unified Permit has been approved for a project
involving a building existing at Devens as of the effective date of the
By-laws, it shall no longer be included on the list to be compiled and
submitted to the DEC under 974 CMR 1.15(2).
(3) The use of a nonconforming building or
structure, or land without site modifications, shall be subject only to
granting of an occupancy permit, or, in the case of interior reconstruction, a
building permit, and to the restrictions set forth in the By-laws and 974 CMR.
Expansion, alteration, or change of a nonconforming building or structure, or
to the use thereof, or the performance of required site modifications (other
than the installation of signage), shall require a Level Two Unified Permit
Submission demonstrating that the Applicant will bring the building or
structure into conformity with the By-laws and 974 CMR.
(4) Minor repairs to and routine maintenance
of nonconforming buildings or structures shall be permitted
(5) A nonconforming building or structure
which has been damaged or destroyed by fire or other casualty may be repaired
or rebuilt, provided, however, that the repaired or rebuilt building or
structure shall be no less conforming than the building or structure that was
damaged or destroyed.
(6) A
nonconforming use and/or structure is terminated if it is abandoned.
Abandonment is the voluntary discontinuance of a nonconforming use or the
discontinuance of the occupancy of a nonconforming structure, when accompanied
by an intent not to re-establish such use or occupancy. Any one of the
following shall constitute prima facie evidence of intent to
abandon:
(a) Any positive act indicating such
intent; or
(b) Any conscious
failure to take all necessary steps to resume the nonconforming use or
occupancy with reasonable dispatch in the circumstances, including advertising
of the property for sale or lease; or
(c) In the case of a structure or of a
structure and land in combination, discontinuance of the occupancy or
nonconforming use for 12 consecutive months; or
(d) In the case of land only, discontinuance
of the occupancy or nonconforming use for 90 consecutive days, or for a total
of six months during any one year period; or
(e) In the case of a nonconforming structure
that is damaged by means beyond the control of the owner, failure to commence
restoration within six months, or to conclude restoration within two years from
the time restoration construction is initiated.
Notes
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