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 Bylaws 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 Article VII of the Bylaws.

2. Within two (2) 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 (2) 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 (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 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 Bylaws, it shall no longer be included on the list to be compiled and submitted to the DEC under this paragraph.

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 Regulations. 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 Regulations.

4. Minor repairs to and routine maintenance of nonconforming buildings or structures shall be permitted

5. 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 twelve 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.