(A) When an appeal is taken to the Board of Adjustment in accordance with § 159.01, the Zoning Administrator shall have the initial burden of presenting to the Board of Adjustment sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.
(B) The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in § 159.02 as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.
(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)