(a) The provisions of this Chapter shall apply only to nonconformities that have been legally established. A nonconformity that was not legally established shall not qualify for any of the protections provided.
(b) An applicant and/or owner for any development review procedure that deals with nonconformities shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this Code.
(c) Board of Zoning Appeals shall have all powers conferred upon it as per Section 713.15 of the Ohio Revised Code, or as authorized by the City of Oxford Charter and in compliance with state law.
(d) The Zoning Administrator shall determine if a use, lot, structure, or site is less nonconforming than another use, lot, structure, or site based upon criteria such as required parking spaces, trip generation, potential nuisances, setbacks, bulk, or other criteria relevant to the intent of this Code.
(Ord. 3206. Passed 3-19-13.)