§ 31.12  BURDEN OF PROOF.
   (A)   When an appeal is taken to the Board of Adjustment, the burden of proof and burden of persuasion shall be on the party appealing the order, requirement, decision, or determination, but the Administrator or his or her designee shall be present to participate in the hearing and to answer such questions as may be directed to him or her by members of the Board of Adjustment, or by any party duly participating in the hearing, in compliance with the duly adopted rules of procedure of the Board of Adjustment.
   (B)   The burden of presenting evidence sufficient to allow the Board of Adjustment to make its necessary findings on the criteria set forth above, as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.
(Prior Code, Ch. 1 Art. XII § 1211)