(A) Legal non-conformities only. This section applies to legally established site features, buildings, uses, signs and lots that do not conform to the regulations of the zoning district in which they are located.
(B) Not applicable to violations.
(1) This section does not apply to non-conformities established in violation of the Zoning Code or the regulation in effect at the time the non-conformity was established.
(2) A non-conformity that was illegally established is considered a violation of the Zoning Code subject to § 155.428 (Enforcement and Penalties).
(C) Exclusions.
(1) Accessory dwelling units. This section does not apply to applications for new construction, creation, or modification of an accessory dwelling unit.
(2) Reroof. This section does not apply to applications for residential or commercial reroof permits.
(3) Solar systems. This section does not apply to applications for solar systems.
(4) ADA accessibility. This section does not apply to applications for ADA Accessibility additions or upgrades, when the project only consists of the accessibility additions or upgrades. For example, installation of an accessible ramp for a commercial office would not be subject to this section. A tenant improvement for a commercial office which includes the addition of an accessible ramp would be subject to this section.
(5) Electric vehicle charging stations. This section does not apply to applications for electric vehicle (EV) charging station permits, when the project only consists of the EV station addition or upgrade, and any associated striping of the lot. For example, installation of an EV charging station at a multi-family apartment would not be subject to this section. A remodel of an apartment building which includes the addition of an EV charging station would be subject to this section.
(D) Burden of proof.
(1) Any person asserting a right to a non-conformity has the burden of proof to demonstrate, to the satisfaction of the Director, that the non-conformity was legally established. The Director is not responsible to prove the absence of a legal non- conformity.
(2) The Director’s decision on the legal status of a non- conformity may be appealed in accordance with § 155.416 (Appeals and Reviews).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 938-C.S., passed 11-1-22)