Variance Permit.
Milwaukee Code of Ordinances § 80-66
in effect80-66. Variance Permit.
Variance permits may be issued by the commissioner to exceed the noise standards set forth in this subchapter as follows:
1. TEMPORARY VARIANCE PERMITS. a. General. A temporary variance permit may be issued upon request provided that the work producing such noise is necessary to promote the public health and/or welfare and reasonable steps are taken to keep such noise at the lowest possible practical level.
b. Special Community Events. A temporary variance permit may be issued for special events, such as circuses, 4th of July celebrations and similar community events, which are limited in duration, provided that precautions are taken to maintain the noises produced at the lowest practical level.
c. Procedure to Obtain a Variance Permit. Applications for temporary variance permits must be made in writing to the commissioner and shall contain all of the following pertinent information:
c-1. Dates requested.
c-2. Time and place of operation.
c-3. Equipment and operation involved.
c-4. Necessity for such permit.
c-5. Steps to be taken to minimize noise.
c-6. Name, address and telephone number of responsible persons who will be present at the operation site while the noise is produced.
c-7. Purpose of the activity or event.
2. VARIANCE PERMITS OF INDEFINITE DURATION. a. It is recognized that it is not technically or economically feasible for certain business operations and equipment to comply with the standards set forth herein as of the date of this subchapter. The commissioner shall therefore issue a variance permit on existing business operations and equipment which produces excessive noise if it is found that it is not technically or economically feasible to alter such operation to reduce noise to within the prescribed standards set forth in this section. Applications for such variances must be made to the commissioner by an affected party in a letter setting forth the reasons that such variance should be granted. The commissioner, after review of all circumstances and the degree of nuisance, shall reply in writing giving the variance, denying the variance or setting forth the conditions or limitations under which the variance will be granted.
b. In the event the commissioner issues an order citing a violation of this section on an existing business operation and equipment and the party cited applies for a variance within 10 days of such citation, then all penalties provided shall be tolled from the date the application is filed until a final order or decision has been issued on the merits of the application.
3. REVIEW. Upon denial of a request for variance hereunder, or upon the grant of a variance containing conditions or limitations, the applicant for such variance may request a review of the decision of the commissioner pursuant to s. 320-11.
4. FEE. No application for a variance permit under this section shall be considered by the commissioner unless the applicant has paid to the commissioner the permit fee required in s. 60-66.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH80.pdf#page=24Fetched: 10/26/2026