PLANNING

Noise Exemption Permit Process & Application

WHEN IS A NOISE PERMIT REQUIRED?

A Noise Exemption Permit will be required when an individual person or neighborhood wants to have a party that will feature amplified music or sound that may create a noise disturbance per Chapter 165 of the County Code.

WHO NEEDS A NOISE PERMIT?

Any person or group of persons desiring to use or operate a sound amplification device beyond the limits stated in Sections 165.42 and 165.43 or desiring to engage in conduct or activities which would violate other sections of this Chapter, shall apply to the County Manager or his designees for a permit to do so. The County Manager or his designees may issue a permit to any person or group who applies, subject to the provisions of this Section. Each permittee, whether the original applicant or an associate of an applicant shall comply with all of the terms in this Section.

WHO DOESN'T NEED A NOISE PERMIT?

Per Section 165.51 of the County Code, the following are exempt from the provisions of the Noise Ordinance:

1. Railway locomotives or cars;
2. Aircraft and airport activity conducted in accordance with federal laws and regulations;
3. Maintenance of public service facilities;
4. Law enforcement and public safety activities, including training;
5. Motor vehicles operating on a public right of way subject to Section 316.293, Florida Statutes;
6. Operation of any regulated utility;
7. Events permitted under Chapter 185, Seminole County Code, or its successor or under Chapter 158, Part 2, Seminole County Code;
8. For construction activities proceeding under a valid governmental permit;
9. Public works projects contracted for or by a governmental agency;
10. Activities sponsored or related to the operation of general education institutions on property owned or under the control of the institution.
    SPECIAL NOTE: Historically this has been interpreted to include churches. Both churches and schools have been historically exempt from having to seek a Special Event Permit as long as all activities take place entirely on the school or church property and the necessary infrastructure (parking, restrooms, etc.) are available.

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APPLICATION

Noise Exemption Permit Application (PDF) [29KB]

NOISE PERMIT PROCESS

In granting a Noise Exemption Permit, the following shall apply:

1. The County Manager or his designee is authorized to grant a temporary exemption or permit to allow a person or persons to engage in conduct or activities which would otherwise violate this Chapter after consideration of the below listed factors if no feasible or prudent alternative to the conduct or activity, for which the temporary permit is sought, exists. The following factors shall be considered by the County Manager in determining whether or not to grant a temporary permit:
1. The balance of the hardship of the applicant, the community or any other persons in not granting the permit, as opposed to the adverse impact on the health, safety and welfare of any individual adversely affected or any other adverse effects which would be incurred by the granting of the permit.
2. The proximity of any residences or any other uses which would be adversely affected by sound which would otherwise be in violation of this Chapter.
3. The level of the sound to be generated by the event or activity for which the permit is sought.
4. Whether the type of sound to be produced by the event or activity is usual or usual for the location or zone for which the permit is requested.
5. The population density of the zone in which the event or activity is to take place.
6. The date and time during which the event or activity is to take place.
7. The nature of the sound to be produced, including, but not limited to whether the sound will be steady, intermittent, impulsive or repetitive.
2. A permit must be in writing and signed by the County Manager or his designee and must set forth the name of the person or group to whom the exemption is granted, the location of the property for which the permit is granted and the date and time for which the permit is effective.
3. In granting any permit under this Section, the County Manager or his designee may impose appropriate conditions and safeguards as necessary to mitigate the affects of activity permitted as it relates to production of noise.