Except as provided hereafter in § 170-101, any building, structure or actual bona fide use, involving a substantial monetary investment, in buildings or other structures affixed to and made part of the real estate, which shall have existed as of July 16, 1945, and since said date shall not have been abandoned, may be continued, even though such building, structure or use shall not conform with the provisions of this chapter for the district in which it is located, provided that such existing building, structure or use shall have been constructed, altered or used in conformity with law and shall be in conformity with other existing law. No change, extension or enlargement of said use, however, shall be made in any building, land or premises or part thereof unless such change in use shall be in conformity with the provisions of this chapter and any other applicable ordinance or laws, whichever shall be the more restrictive. Similarly, whenever a district shall be changed hereafter, the provisions of this chapter with regard to any building or uses lawfully existing at the time of the passage of this chapter shall apply, subject to the conditions set forth in this section, to any building or use lawfully existing in such changed district at the time of the passage of such amendment. A beach or parking lot owned and operated by a duly incorporated community association as of the effective date of this chapter shall be deemed a nonconforming use. Notwithstanding any other provision of this chapter to the contrary, any legally established residential lot which is made nonconforming with respect to lot area or lot dimensions as a result of a change in residential district classification adopted after September 1, 1998, shall continue to be governed by the dimensional standards of the residential zoning district in which it was located prior to the change in classification and shall continue to be considered a legally conforming lot for all zoning purposes. This provision shall be deemed to supersede the uniformity requirement of Town Law § 262 in its application to the Town of Somers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), to the extent necessary to grant this provision its full meaning in accordance with its intent.

No building which is nonconforming with respect to height, percentage of area of lot occupied, minimum yard sizes or minimum area per family shall be enlarged or altered in such manner as to increase any such nonconformity. No nonconforming use of land shall be enlarged or extended to additional land. No building which is nonconforming with respect to use shall be enlarged, nor shall any such building be altered structurally except as may be required by order of the Building Inspector to strengthen or restore such building or any part thereof to a safe condition.

No such nonconforming building or use, if changed to a building or use which conforms to the provisions of this chapter, shall be changed back to a nonconforming building or use.

Any such nonconforming use, the physical operation or use of which has ceased for 12 months or longer, shall be deemed to be abandoned, and such nonconforming use shall not be resumed.

No nonconforming building used for a principal nonresidential purpose that is destroyed or damaged from any cause to the extent, as determined by the Building Inspector, of over 50% of the volume of its structure above the foundation shall be restored in nonconforming form or location on the lot or used for the continuance of a nonconforming use therein; provided, however, that such building may be restored and any nonconforming use continued to an extent and in such manner as may be permitted by the Board of Appeals, after application and public hearing as provided in Article XIX of this chapter. The Board of Appeals, upon entertaining such application, shall consider the practical difficulties or unnecessary hardship involved or, in the alternative, the standards and guides specified in § 170-106 of this chapter, even though the application is made pursuant to said Article XIX. Any nonconforming building destroyed by fire, explosion or other cause, other than by willful act of the owner, to the extent of not more than 50% of the volume of its structure above the foundation and any nonconforming building used principally for residential purposes regardless of the degree of damage, may be restored in substantially the same location, provided that said structure is not enlarged beyond the size of said structure immediately prior to such damage.

Application for permit to rebuild or restore the damaged portion of any building damaged or destroyed as set forth in § 170-98 above shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the provisions of this chapter in all respects save as to the use of the building or structure.

If a permit for such rebuilding or restoration is granted, it shall lapse 12 months thereafter unless the permitted construction is completed within such period, except that the Building Inspector, in his discretion, may grant a six months' extension thereof if construction has been delayed by circumstances beyond the control of the permit holder.

A nonconforming use, as hereinabove defined, consisting of the excavation of sand, gravel, shale, top- or common soil or natural mineral deposit or the quarrying of any kind of rock formation may be continued, as aforesaid, provided that a permit therefor is issued and such use is conducted and maintained as follows: