(a) The applicant shall have the burden of proof and be required to go forward with evidence in support thereof.
(b) All evidence shall be taken in the presence of the Board, but the fact that any Board member is not present throughout the entire hearing shall not disqualify said member from voting on the application for relief.
(c) The presiding officer shall be the sole judge of the relevancy and materiality of the evidence and the competency of witnesses. Strict conformity to the legal rules of evidence shall not be necessary. The presiding officer may receive the evidence of witnesses by affidavit or written report and the Board shall give it such weight as it deems it is entitled to after consideration of any objections made to its admission.
(d) The presiding officer may administer oaths or affirmations to all witnesses, at the request of the applicant, City or Board.
(e) The Board may continue the hearing of the case from date to date after the public hearing has been held. The Board may by "Motion to Table" continue the matter.
(f) Both the applicant and the City shall have the right and power:
(1) To present its position, arguments and contentions;
(2) To offer and examine witnesses and present evidence in support thereof;
(3) To cross examine witnesses purporting to refute either's position, arguments or contentions;
(4) To offer evidence, to refute evidence and testimony offered in opposition to its position, arguments or contentions;
(5) To proffer any such evidence into the record if the admission thereof is denied by the presiding officer.
(Ord. 10-O-51. Passed 7-6-10.)