9-1-17-6: BURDEN OF PROOF; EXCEPTIONS:
In all hearings and decisions the burden shall be on the applicant to prove that the proposed development complies with the provisions of this chapter including implementing all relevant policies, by a preponderance of the evidence, except for the following circumstances:
A. The approving agency shall consider the recommendations contained in the Director's report (as revised by the commission, if applicable) as rebuttable presumptions.
B. If the subject property is indicated as not affected by a policy on an adopted special areas map, there is a rebuttable presumption that the policy is irrelevant to the proposed development.
C. The Director shall maintain a file of applications and decisions. If a proposed development is in substantially the same factual situation in relation to a policy as a previous development and implements the policy in substantially the same manner and degree as the previous development, there is a rebuttable presumption that it will be treated the same as the previous development. (Ord. 19, Series 1988)