§ 7.5.1. Testimony and burden of proof.  


Latest version.
  • The chairperson of the zoning board of appeals, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

    A.

    Requirements. The standards and requirements of this zoning ordinance and decisions made by public officials are presumed to be valid and just. It shall be the responsibility of an applicant seeking relief to assume the burden of proof and rebut this presumption by presenting sufficient facts and evidence to explain how the proposed appeal or variance is consistent with the general spirit and intent of this zoning ordinance and the comprehensive plan.

    B.

    Review. It is the duty of the zoning board of appeals to review such facts and evidence in light of the intent of the zoning ordinance to balance the public health, safety and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of this zoning ordinance to the applicant's property.

( Ord. No. 15-06 , 8-25-2015)