SECTION 1245.01  PURPOSE AND SCOPE:

This section is adopted for the purpose of:

8 A.    Requiring new and redeveloped buildings within the City of Sunfish Lake to be constructed with material and in such a manner that aircraft noise is attenuated by the structure to an interior level which presents no adverse impact on the health, safety and general welfare of the residents, in accordance with the Metropolitan Council=s Guidelines for Land Use Compatibility with Aircraft Noise (May 1998, as may be hereafter amended).  These guidelines are part of the aviation chapter of the Metropolitan Development Guide.

B. This Section shall apply to all construction requiring a building permit after the effective date of this ordinance exclusive of the following:

1. Remodeling or rehabilitation of an existing residential building.

2. Construction of an appurtenance to an existing residential building.

3. Detached accessory structures

4. Decks, patios, swimming pools, breezeways and similar outdoor uses.

SECTION 1245.02  DISTRICT PROVISIONS:

A. The  Aircraft  Noise  Attenuation  Overlay  District  shall  be  applied  to  and superimposed as an overlay upon all zoning districts as contained herein as existing or amended by this Section and Official Zoning Map.   The regulations and requirements imposed by the Aircraft Noise Attenuation Overlay District shall be in addition to those established for districts which jointly apply.  Under the joint application of districts, the more restrictive requirements shall apply.

B. Any application for a City of Sunfish Lake building or occupancy permit pertaining to land  located in an Aircraft Noise Zone must demonstrate compliance with the provisions of this ordinance prior to the issuance of such permit(s).

C. The following Aircraft Noise Zones area hereby established as part of the Sunfish Lake Zoning Ordinance and Official Zoning Map as existing or amended by this Section.

Aircraft Noise Zone IV

SECTION 1245.03  STATUTORY AUTHORITY:

This  ordinance  is  adopted  pursuant  to  Minn.  Stat.  Sec.  473.192  (Supp.  1987).

AMetropolitan Area Aircraft Noise Attenuation Act.@

SECTION 1245.04  FINDINGS OF FACT:

The City of Sunfish Lake finds that development within certain areas of the City is impacted by aircraft noise;  that certain uses of land are inappropriate in areas of high aircraft noise;  that some structures do not adequately attenuate aircraft noise resulting in negative impacts on the health, safety and welfare of the residents or inhabitants of the structures; that, though proper construction methods, the means exist to attenuate aircraft noise to interior levels which alleviate such negative impacts; and that the requirements of this ordinance are necessary to promote and preserve the health, safety and welfare of the citizens of Sunfish Lake.

SECTION 1245.05  MINNEAPOLIS-ST.  PAUL  INTERNATIONAL  AIRPORT  NOISE COMPATIBILITY TABLES:

A. Noise reduction level, in dBA, standard required to meet or exceed for new development and major redevelopment as  defined by the Metropolitan Council in the Aviation Chapter of the Metropolitan Development Guide.

B. Noise  reduction  level  standard,  in  dBA  required  to  meet  or  exceed  for  infill development and reconstruction or additions to existing structures defined by the Metropolitan Council in the Aviation Chapter of the Metropolitan Development Guide. All construction or reconstruction requiring a building permit and located within an Aircraft Noise Zone, except as provided for in Section 1245.01.B, shall be constructed in such a manner that the applicable noise level reduction requirements of  the Noise Compatibility Tables are met or exceeded.

C. Where a particular structure contains different land uses, the more stringent requirements  shall apply, except where it is architecturally possible to achieve the appropriate noise reduction level for each different use, and the uses are acoustically separated by a wall or partition with a minimum STC of 25.

SECTION 1245.06  STC RATINGS REQUIRED FOR BUILDING ELEMENTS:

8 A.

B. STC  laboratory  tests  of  construction  materials  and  assemblies  must  be conducted according to the requirements of the American Society of Testing and Materials (ASTM E90 or ASTM E336).

SECTION 1245.07  PLANS AND SPECIFICATIONS:

8 A.    All applicants for a building or occupancy permit shall include with the application all plans, specifications or other information required by this Ordinance.   The plans and specifications shall describe in sufficient detail all pertinent features of the building, building materials, heating and ventilation systems, including but not limited to the STC ratings of roof/ceilings, walls, windows, and doors and other pertinent data as may be requested by the City Building Official to demonstrate conformance with the applicable noise reduction level requirements as specified in Sections 1245.06.  The plans and specifications shall demonstrate compliance with the following standards:

1. All   mechanical   ventilation   systems   shall   provide   the   minimum   air circulation and fresh-air supply requirements as provided in the Uniform Building Code for the proposed occupancy, without the need to open any exterior doors or windows.

2. The perimeter of all exterior door and window frames shall be sealed airtight to the exterior wall construction.

3. Fireplaces shall be equipped with well-fitted chimney cap devices.

4. All ventilation ducts, except range hoods, connecting interior space to outdoors shall be provided with a bend such that no direct line of sight exists from exterior to interior thought the vent duct.

5. Doors and windows shall be constructed so that they are close-fitting.

Weather-stripping seals shall be incorporated to eliminate all edge caps.

6. All penetration through exterior walls by pipes, ducts conduits and the like shall be caulked airtight to the exterior construction.

8 7.       The Building Official may require that submitted plans and specifications be certified by a Recognized Acoustical Specialist for compliance with this Ordinance.

8 B.     Within 30 days of receipt of appropriate plans and specifications, the Building Official shall approve or reject the plans based upon the ability of the proposed materials and construction techniques to adequately attenuate noise.

8 1. The Building Official shall approve said plans and specifications if:

a. The plans adequately document the use of construction assembly that  meets  or  exceeds  the  STC  ratings  required  by  Section

1245.07.A, or

b. The plans and specifications have been certified by a Recognized Acoustical Specialist as achieving the interior noise level reduction required by Section 1245.06.

2. In the event that the submitted plans and specifications are rejected, the reasons for such rejection shall be submitted to the applicant in writing. No construction shall occur prior to approval of appropriate plans and specifications.

8 3.       Construction   done   in   accordance   with   the   approved   plans   and specifications as determined by the Building Official shall be deemed to meet the noise attenuation requirements of this ordinance.

8 SECTION 1245.08 ENFORCEMENT:

The City of Sunfish Lake Building Official is authorized and directed to enforce the provisions of this ordinance pursuant to Section 1245.08.A.

A. Inspections.

8 1. All construction or work for which a building permit is required shall be subject  to  inspections  by  the  Building  Official. Inspections  of  noise 

attenuation work shall be performed during the required building construction inspections as specified by the City of Sunfish Lake Building Code.

8 2.       If  the Building Official finds that the construction of any building is not in accordance with approved plans, the Building Official may order such corrective action as may be necessary to meet noise attenuation requirements of this Ordinance,

a. In lieu of performing such corrective action, a building owner may submit a test report based upon field tests showing compliance with Section 1245.06.  The field test shall be performed in accordance with the American Society for Testing Materials Standard E336-84, Part A.1.2.2. Outside to Inside (level Reduction).