(a) Within 20 days of the date of denial of an application, or refused exemption under Section 858.02(r), the applicant may request in the form of a written application to the Township, furnished to the Township Clerk, a hearing before the Township Board for reconsideration of the license application, or exemption request denial, or for a variance of any of the provisions of this chapter, which provision constituted grounds for the original denial of the application. Such hearings shall be conducted as follows:
(1) The applicant and his or her attorney may present and submit evidence on the applicant's behalf to show that the grounds for the original denial do not exist, or are inaccurate.
(2) After reviewing the evidence, the Township Board shall determine whether to uphold the denial, or grant the application.
(3) The applicant and his or her attorney, may present a statement and adequate evidence, demonstrating that:
A. Exceptional or extraordinary circumstances or conditions apply to the business referred to in the appeal submitted which circumstances or conditions do not apply generally to any proposed business which warrant the issuance of the application notwithstanding conformity to this chapter.
B. That the granting of such license will not materially affect the health, safety, or welfare of persons residing or working in the neighborhood, patrons, or the public at large and that such issuance shall not be a material detriment, or injurious to public welfare.
C. A State law adequately achieves the same goals as this chapter in the case of a exemption denial.
(b) In all cases where a variance is granted, Township Board shall find:
(1) That the grant of the variance will be in harmony with the general purpose and intent of this chapter; and
(2) That the grant of the variance will not be detrimental or injurious to the neighborhood or the Township at large.
(3) The Township Board may impose reasonable conditions, if the license is approved for issuance.
(Ord. 396. Passed 4-9-12.)