(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) Accessory dwelling units. An application for an accessory dwelling unit shall not be denied because of non-conforming conditions that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(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; Am. Ord. 951-C.S., passed 10-17-23)