§ 157.193 WAIVER OF DEVELOPMENT REGULATIONS BY VILLAGE BOARD OF TRUSTEES.
   (A)   Following a determination by the Village Board that a particular development and/or use would not endanger the health, safety and welfare of area residents, the Village Board is empowered to waive the following development regulations:
      (1)   Paving. Permission may be given for a crushed stone base or asphalt shavings in lieu of permanent roadway or parking lot construction, provided however, that all required off-street parking is provided for, including handicapped parking; and that steps are taken to control dust and other particulates from the parking surface. This standard applies also to driveway access to the site, pursuant to §§ 157.147 and 157.149.
      (2)   Curb and gutter. Permission may be given for waiver of the requirement for installation of curb and gutter, provided however, that the developer take all steps necessary to comply with all applicable storm water drainage requirements, pursuant to § 57.101(F).
      (3)   Parking lot lighting. Provided that no activity is scheduled or planned to take place after dusk, the developer is not obligated to construct parking lot lighting so long as the proposed use remains a temporary use as allowed by the Village Board, pursuant to § 157.149.
      (4)   Parking lot landscaping. Permission may be given for waiver of the requirement of parking lot landscaping, including placement of tree and shrubbery, pursuant to § 157.149.
   (B)   The developer is required to otherwise conform to all other aspects of the village development regulations, including utilization of public water and sewer. No septic facilities are allowed.
   (C)   TEMPORARY shall mean for a period of time not to exceed 12 months. At the conclusion of the 12-month period, developers are obligated to:
      (1)   Remove the temporary use and restore the property to its pre-use condition;
      (2)   Install all improvements as may otherwise be required; or
      (3)   Seek an extension of the temporary status from the Village Board, with the extension not to exceed an additional 12 months.
   (D)   The Village Board may impose such additional standards and requirements as it feels necessary to minimize the impact of the waiver of the permanent development requirements.
(Ord. 08-52, passed 9-8-2008)
Cross-references:
   Off-street parking regulations, see §§ 157.140 through 157.150
   Planned Traditional Neighborhood Development, see § 157.244