City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.70
Section 10.70.120
 

Title 10 Regulation of Activities

Division V. Code Enforcement and Animal Regulations

Chapter 10.70 Noise Control

Section 10.70.120 Noise Variance
  1. A person may request a variance from compliance with this chapter by making an application with the director of public works and utilities at least thirty days before the time period for the variance is to take effect. The variance is limited to one-time activities that do not include concerts or permitted special events and entertainment facilities. The variance may not be used for private activities (weddings, parties etc). The applicant shall explain the:
  1. nature of the noise,
  1. source of the noise,
  1. duration for which the noise shall be created,
  1. time period for which the variance will be required,
  1. reason why the noise violation cannot be avoided, and
  1. mitigating conditions the applicant will implement to minimize the noise level violations.
  1. The application must be submitted at least thirty days before the time period the permit is to take effect. The director, after informing the affected City departments, may issue an excess noise permit if the director determines that the noise level violations:
  1. cannot be avoided,
  1. will exist for a specific period of time,
  1. will not endanger public health, safety or welfare. And
  1. have been mitigated to the greatest extent reasonably possible.
  1. The director, after informing the affected City departments, may issue a variance from this chapter if the director determines that the noise level violations cannot be avoided, will exist for a specific period of time, and have been mitigated to the greatest extent reasonably possible. The director shall issue a written decision indicating the time period and location restrictions for the variance.
  1. The person obtaining such written variance must have the written variance posted in a viewable area or on their person when such variance takes place.
  1. A decision of the director of public works and utilities regarding a request for a variance may be appealed to the hearing examiner within ten days of the director’s written decision.

Date Passed: Monday, October 3, 2022

Effective Date: Monday, October 3, 2022

ORD C36289 Section 5