I'm attaching sample report definition illustrating this behavior.
In the set of data I added tree types - two visible for the actual data and one between them which value is set to 0. When building the graph data item, this "empty" bar series would divide the other two series of the categories groups.
Then you can set a conditional formatting rule to hide this type from the legend. This could be achieved as follows:
1. On the design surface select bar series
2. In the Misc
section expand the LegendItem
properties and add new Conditional Formatting
3. In conditional formatting dialog -> New Rule -> Edit Filters
where you can create your logic (for example: = Fields.Amount = 0
) -> Style
where you have to uncheck the Visible
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