§ 152.049 BURDEN OF PRESENTING EVIDENCE AND PERSUASION.
   (A)   The burden of presenting a complete application as described in § 152.043 to the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) shall be upon the applicant. The application shall be presumed to be complete unless, at the hearing, the permit-issuing authority informs the applicant that the application is incomplete, provides the reasons why the application is incomplete, and offers the applicant an opportunity to complete the application (either at that meeting or a continuation hearing).
   (B)   Once a completed application has been submitted, the burden of presenting sufficient evidence to lead the permit-issuing authority to conclude that said application should be denied for any reason stated in § 152.048(C) or (D) shall be upon the party or parties urging the denial, unless the information presented by the applicant in his, her, or their application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.
   (C)   (1)   The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant.
      (2)   The burden of persuasion on the issue of whether the application should be turned down for any reasons set forth in § 152.048(C) rests on the party or parties urging that the requested permit should be denied.
(Ord. passed 12-20-2001)