Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 1.00 - Administration › Section 1.15 - Nonconforming Uses and Structures

Current through Register 1525, July 5, 2024
(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.