§ 15.70.070. Noise permits.  


Latest version.
  • A.

    Generally. The department shall have the authority consistent with this section to grant permits that may be requested pursuant to sections 15.70.060 B.3., pertaining to construction, 15.70.060 B.6., pertaining to explosives, firearms and similar devices, 15.70.060 B.15.a., pertaining to public events, 15.70.090 E., pertaining to snow removal and street sweeping equipment off public rights-of-way, and 15.70.090 G., pertaining to motor vehicle racing events.

    B.

    Application. Any person seeking a noise permit shall file with the department an application using a form provided by the department and containing specific information that demonstrates that bringing in to compliance with this chapter the source of sound or activity for which the permit or variance is sought would constitute an unreasonable hardship on the applicant, the community or other persons.

    1.

    Any person seeking a noise permit shall file an application with the director at least 20 days prior to the commencement of the noise for which the permit is requested. The director shall have authority to waive, consistent with administratively established criteria, the 20-day time requirement in order to expedite issuance of permits.

    2.

    If the director determines that the activity for which a permit has been applied has substantial potential for adverse impact to the public, the director shall, within ten days of the receipt of the application, publish notice in a major circulation newspaper and/or on a publicly accessible website soliciting public comments regarding the application. The director may require the permit applicant to distribute written information regarding the nature and timing of the activity addressed in the application to those likely to be affected by the granting of a permit.

    3.

    Any individual who claims to be adversely affected by allowance of a permit may file a statement with the department containing any information to support the claim. Upon the written request for a hearing by any affected person, the applicant or the director, an administrative hearing shall be held within 15 days pursuant to chapter 3.60 to consider evidence relative to the criteria set forth in subsection C. of this section.

    C.

    Criteria for approval. In determining whether to grant or deny an application for a permit, the director or hearing officer shall balance the hardship to the applicant, the community and other persons of not granting the permit against the adverse impact on health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the permit. Applicants may be required to:

    1.

    Measure or allow the department to measure the sound level of or the vibration from any source in accordance with the methods and procedures and at such locations and times as the department may reasonably prescribe; and

    2.

    To furnish reports of the results of such measurements to the department; and

    3.

    To require the measurements to be conducted in the presence of a department code enforcement officer; and

    4.

    An applicant for a permit and persons contesting the granting of a permit may be required to submit any other information the department may reasonably require; and

    In granting or denying an application, the director shall keep on public file a copy of the decision. In the event that a permit application is denied, written justification for denial shall be kept on public file. No permit shall be granted for any source of sound or activity that violates or would violate any provision of federal or state law or any provision of any other chapter of this title or this Code.

    D.

    Conditions. Permits shall be granted by notice to the applicant containing all necessary conditions, including as part of any permit a time limit on the permitted activity. The director may require the permittee to provide public notice prior to the activity pursuant to provisions in B.2. of this section. The permit shall not become effective until all conditions are agreed to in writing by the applicant. Noncompliance with any condition of a permit shall terminate the permit and subject the person holding it to those provisions of this title regulating the source of sound for which the permit was granted.

    E.

    Extensions. Application for extension of time limits specified in permits or for modification of other substantial conditions shall be treated like applications for initial permits under subsection C of this section.

    F.

    Duration. No permit shall be granted pursuant to this section for an initial period longer than one year.

    G.

    An applicant applying for a noise permit fewer than 20 days prior to the commencement of the noise for which the permit is requested shall pay a late fee of ten percent of the permit fee in addition to the permit fee listed in AMC 15.05.001.

(GAAB 16.85; AO No. 78-48; AO No. 89-130; AO No. 2011-59, § 5, 5-24-11)