2006 Code of Virginia § 15.2-2295 - Aircraft noise attenuation features in buildings and structures within airport noise zone...

15.2-2295. Aircraft noise attenuation features in buildings and structureswithin airport noise zones.

Any locality in whose jurisdiction, or adjacent jurisdiction, is located alicensed airport or United States government or military air facility, mayenforce building regulations relating to the provision or installation ofacoustical treatment measures in residential buildings and structures, orportions thereof, other than farm structures, for which building permits areissued after January 1, 2003, in areas affected by above average noise levelsfrom aircraft due to their proximity to flight operations at nearby airports.Any locality in whose jurisdiction a United States Master Jet Base is locatedor any adjacent locality may, in addition, adopt and enforce buildingregulations relating to the provision or installation of acoustical treatmentmeasures applicable to buildings and structures, or portions thereof, inAssembly, Business, Educational, Institutional, and Mercantile groups, asdefined in the International Building Code.

In establishing the regulations, the locality may adopt one or more noiseoverlay zones as an amendment to its zoning map and may establish differentmeasures to be provided or installed within each zone, taking into accountthe severity of the impact of aircraft noise upon buildings and structureswithin each zone. Any such regulations or amendments to a zoning map shallprovide a process for reasonable notice to affected property owners. Anyregulations or amendments to a zoning map shall be adopted in accordance withthis chapter. A statement shall be placed on all recorded surveys,subdivision plats and all final site plans approved after January 1, 2003,giving notice that a parcel of real property either partially or wholly lieswithin an airport noise overlay zone. No existing use of property which isaffected by the adoption of such regulations or amendments to a zoning mapshall be considered a nonconforming use solely because of the regulations oramendments. The provisions of this section shall not affect any localaircraft noise attenuation regulations or ordinances adopted prior to theeffective date of this act, and such regulations and ordinances may beamended provided the amendments shall not alter building materials,construction methods, plan submission requirements or inspection practicesspecified in the Virginia Uniform Statewide Building Code.

(1994, c. 745, 15.1-491.03; 1997, c. 587; 2002, c. 180; 2005, c. 509.)