6-1-2: USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS:
Except as provided in the exceptions of this section no person or entity shall perform construction activities, perform any activity requiring a building permit, or operate heavy equipment, except as follows:
 
Location
Day Of The Week
Permitted Time
Residential zone districts - interior or exterior:
 
 
Hand tools may be used at any time within the interior of a fully enclosed structure provided that there is no construction related sound heard at the property line
Monday - Friday
Heavy equipment - between 7:00 A.M. and 6:00 P.M.
Other tools - between 7:00 A.M. and 8:00 P.M.
Saturday
Heavy equipment - between 9:00 A.M. and 5:00 P.M.
Other tools - between 8:00 A.M. and 7:00 P.M.
Sunday
Heavy equipment - not permitted
Other tools - between 9:00 A.M. and 6:00 P.M.
All other zone districts - exterior*
Any
Heavy equipment - between 6:00 A.M. and 6:00 P.M.
Other tools - between 6:00 A.M. and 8:00 P.M.
*Exception: Any property that shares a lot line with a residential zone district, within 500 feet of the residential zone district
Any
Heavy equipment - same as residential zone districts
All other zone districts - interior
Any
Other tools - any
Hand tools - any
 
   A.   Definitions: For the purposes of this section:
    HAND TOOLS: Tubing cutters, volt-ohm meters, manual pipe benders, pliers, wrenches, screwdrivers, paint brushes, rollers, torches, brooms, and similar tools that are substantially silent in operation. "Hand tools" shall not include hammers or any other item used as a striking implement.
   HEAVY EQUIPMENT: Gasoline or diesel powered air compressors, gasoline or diesel powered saws, bulldozers, jackhammers, pile drivers, power hammers, graders, riveters, earthmovers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, dump trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks, which are governed by separate agreement within the village, nonconstruction delivery vehicles, trucks operating on designated truck routes, or snow removal equipment.
   OTHER TOOLS: Any construction tool that is neither defined herein as "hand tools" or "heavy equipment". Other tools shall include, but not be limited to: electric compressors, nailers, hammers, cord connected electric saws, drills, or similar equipment. It is anticipated that "other tools" will create a sound level that can be heard at the property line.
   RESIDENTIAL ZONE DISTRICT: Shall include all zone districts R1, R2, R3, R4 and R5 with the additional inclusion of any contiguous street, right of way, or public owned property.
   B.   Exceptions:
      1.   Emergencies: The limitations stated in this section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions.
      2.   Work By Public Agencies: The limitations stated in this section may be waived by the board of trustees by resolution for work undertaken by any public body or agency for the benefit of the public. The board of trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety or welfare.
      3.   Waiver: The limitations stated in this section may be waived by the building official in areas of the village zoned for nonresidential uses pursuant to the village zoning ordinance; provided, however, that no such waiver shall be granted unless the building official finds that:
         a.   The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and
         b.   The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare.
         c.   The village manager may attach to such waiver all conditions he deems necessary to protect the public health, safety or welfare.
      4.   Building Permits: Work undertaken pursuant to any permit issued by the village shall be subject to the provisions of this section. (Ord. G-1087, 10-11-2016)