A nonconforming use is any use, whether of a building or tract of land or both, existing on the effective date of this chapter which does not conform to the use regulations of the district in which it is located.

The following provisions shall apply to all nonresidence uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to uses that become nonconforming by reason of any subsequent amendment to this chapter.

Nonconforming residence use. Any residence use existing on the date of this chapter which does not conform to the use regulations set forth in this chapter or which becomes a nonconforming use by reason of any subsequent amendment shall be treated within the provisions of this chapter as if it were a use permitted by right and shall be exempt from the provisions above. Residential buildings not conforming to district regulations for lot area, width or depth; yards, height or lot coverage; or minimum livable floor area per dwelling unit shall, however, be subject to the provisions of §§ 300-74 and 300-75.

A nonconforming building is any building which contains a use permitted in the district in which it is located but does not conform to the district regulations for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit.

Normal maintenance and repair, structural alteration, moving, reconstruction or enlargement of a nonconforming building is permitted, provided that such action does not increase the degree of, or create any new, nonconformity with regard to the regulations pertaining to such buildings.

A residential plot separated by other land not in the same ownership and nonconforming as to bulk on the date of enactment or the effective date of subsequent amendments to this chapter, whether or not located in and part of a subdivision, and approved by the Planning Board of the Town of New Windsor and filed in the office of the Orange County Clerk, which does not have a total plot area specified for residential use in § 300-10, may be used for any use permitted by right in the zoning district in which the plot is located, provided that such use complies with the bulk and area and yard regulations as specified in the highest residential district having the same or less plot width. Where such residential district requires certain utilities, the provision of such shall be prerequisite to its residential use.

Two or more nonconforming subdivision lots, not in separate ownership, in a subdivision approved by the Planning Board prior to the effective date of this chapter shall have three years from the date of final approval by the Planning Board to obtain a building permit under the provisions of Subsection A. Any nonconforming plot in a subdivision finally approved by the Planning Board more than three years prior to the effective date of this chapter shall not be eligible to receive a building permit, and said subdivision, part or plot thereof shall be resubmitted to the Planning Board in accordance with the applicable provisions of this chapter.

Any plot in a subdivision approved by the Planning Board after the effective date of this chapter which conforms to the bulk, width and depth requirements of this chapter but which is made nonconforming as to bulk, width or depth by any future amendment of this chapter shall have three years from the effective date of the future amendment, or three years from the date of final approval, whichever is sooner, to obtain a building permit under Subsection A. Any subdivision plot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this chapter, and Subsection A shall be inapplicable to such a plot.

Any separate plot nonconforming as to bulk which becomes subsequently attached to other adjoining land in the same ownership shall be entitled to the benefit of the provisions of Subsection A only if the total contiguous plot remains nonconforming as to bulk after the plots become attached.

A nonconforming residential lot, as described in Subsection A, which does not comply with the bulk, area and yard regulations as specified in the highest residential district having the same or less plot width may, nevertheless, be developed with a one-family residence only, provided that:

It is the finding of the Town Board that the development of nonconforming lots not meeting the above criteria will blight the proper and orderly development and general welfare of the community.

Each of the nonconforming uses specified herein is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and to blight the proper and orderly development and general welfare of such district and the community to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use:

An owner of premises containing any of the uses set forth in this section shall have the right to make application to the Zoning Board of Appeals for an extension of the amortization period. An extension period may be granted if the owner establishes that the amortization period set forth above is unreasonable. The Zoning Board shall have the power to grant a reasonable extension long enough to provide the owner with an opportunity to recoup his investment, although the extension need not be long enough to enable the owner to recover 100% of his investment, especially with respect to soft or related costs.