Board of Health approves noise-variance fee schedule to recoup administrative costs

The Appleton Board of Health on March 12 approved a fee schedule for noise variances intended to recover administrative costs associated with processing those requests. The board voted to adopt the proposed schedule after staff described categories of variances that will be exempted or treated differently.

Board members and staff said the change is intended to offset time spent processing variance requests, not to generate revenue. Megan (health department staff) told the board the charge was included in the 2025 budget to “recoup some of the costs that are spent in excess dealing with these… noise variance” administrative tasks. The fee schedule specifically excludes most nonprofit special-event licenses and routine contractor variances tied to city maintenance work, officials said.

The memo before the board was the fee schedule proposal only; the process for applying for or modifying a noise variance remains set out in the noise ordinance and in separate procedural guidance. “The memo that’s before the board this morning is the fee schedule proposal. It does not delineate the process for obtaining a noise variance,” Megan said. She added staff would continue to require formal applications and notify enforcement partners when dates change.

Board members pressed staff on small-business impacts. Alderperson Jones asked about restaurants and other small businesses that seek variances to cover occasional live music or outdoor playlists. Staff said the fee will affect a small number of businesses and that the schedule was designed to reduce the number of separate daily variances for recurring series. As an example, staff said a single monthly variance fee could cover multiple events that previously required individual permits; staff gave $175 as an example of a monthly fee that would cover multiple dates for a recurring series. A separate lower rate for one-off residential requests (cited in staff discussion as $25) was discussed as intended to avoid deterring small personal events while still encouraging compliance.

City Attorney Glenn reminded the board that enforcement of the noise ordinance itself — including fines and citations for violations — occurs under the ordinance provisions recently adopted. He said the ordinance set uniform fines for violations and that first-offense fines in the recently adopted schedule fall roughly in the low hundreds of dollars. The board’s discussion and staff comments emphasized that police enforcement remains discretionary and focused on education and compliance.

After discussion, a motion to approve the fee schedule was moved and seconded; the board voted to approve the fee schedule. The record of individual vote counts was not read into the transcript.

The board also asked staff to continue outreach and education to businesses in the downtown district and to coordinate with enforcement partners so dates and modifications are tracked properly. Staff said they have briefed the businesses that typically request variances, and that the city’s police department will be educated on the ordinance and the new scheduling approach.

The board’s action amends the city’s fee schedule for noise variances as described in the board packet attachment. Additional procedural details, including how applicants request date modifications and how enforcement partners will be notified, remain governed by the noise ordinance and administrative procedures rather than the fee memo itself.