§ 3-2-73. Hours of construction activity in residential areas.

(a)

Definitions. As used in this section:

Emergency work. Work made necessary to restore property to a safe condition following a calamity or work required to protect persons or property from imminent exposure to danger.

Person. Individuals, corporations, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates and all other groups and combinations thereof.

Residential area. Any area which is zoned residential under the county zoning regulations. The residential zones are RE, RSF, RMF, RMF-T, MHP, MHS and MHC. Any creation of additional residential zones by amendment to the county zoning regulations or rezoning of property to residential status which occurs after the effective date of Ordinance No. 84-22 shall be automatically included in the residential area for the purposes of this section.

(b)

Jurisdiction. Enforcement of this section shall be within the jurisdiction of the county code enforcement board pursuant to the same remedies and procedures that are used for enforcement of the county zoning regulations.

(c)

Hours of certain construction work. No person shall operate or cause to be operated any machinery, demolition equipment, construction equipment, power tools, equipment of a semi-mechanical nature or otherwise undertake construction work which emits a sound plainly audible across the property line of an inhabited residential property in a residential area between the hours of 8:00 p.m. and 6:00 a.m. However, this subsection shall not apply to the use of temporary pumps or other machinery which, because of its very nature and purpose, is required to operate twenty-four (24) hours a day. This subsection shall also not apply to any activity, noise or disturbance caused by emergency work.

(d)

Variances. Any person desiring relief from the provisions of this section may apply for a variance pursuant to the procedure set forth in section 3-9-6.3 county zoning regulations in this Code. The board of zoning appeals may grant a variance from this section only if all of the following criteria are found to exist:

(1)

The activity will be of a short duration and cannot be done in a manner that would comply with this section;

(2)

A strict adherence to the terms of this section would result in demonstrable and undue hardship to the applicant; and

(3)

The granting of a variance would not be injurious to surrounding properties or contrary to the public health, safety and welfare.

(Ord. No. 84-22, §§ 1—4, 8-14-84; Ord. No. 94-17, § 1, 3-29-94; Ord. No. 2017-061, § 1(Exh. A), 12-12-17)

Cross reference

Zoning, Ch. 3-9.