VII. NONCONFORMING USES AND STRUCTURES
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 the Regulations 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 this Article.
- Within two (2) years of September 30, 1995, the Land Bank shall compile and submit to the Commission 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 (2) year period beginning on September 30, 1997. Every two (2) years thereafter, the Land Bank shall compile and submit to the Commission revised lists of nonconforming buildings and structures which shall likewise retain the status of the buildings or structures included on such lists as a nonconforming building or structure during the two (2) 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. Once a Development 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 Commission under this paragraph.
- Use of Nonconforming Buildings and Structures
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 herein. 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 submission of a full Level Two Development Permit application.
- Minor repairs to and routine maintenance of nonconforming buildings or structures shall be permitted and encouraged.
- 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 so damaged or destroyed.
- The Commission may include in the Regulations additional standards that will apply to the continuation or proposed expansion of nonconforming uses.
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