(A) When an appeal of the Administrator’s decision is taken to the Board of Adjustment in accordance with § 152.115, the Administrator shall have the initial burden of presenting to the Board 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 § 152.116 as well as the burden of persuasion on those issues remains with the applicant seeking the variance.
(Ord. passed 12-20-2001)