(a)
Written authorization required.
No person shall own,
control, or operate any landing field of any kind within the city
without first securing written authorization from the city.
(b)
Continuing existing facilities.
Except as hereinafter
specified, heliport and helistop facilities lawfully existing on the
effective date of this division may be continued.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-21)
An aircraft used for the transportation of persons or materials
and whose support in the air is derived chiefly from the aerodynamic
forces on engine-driven airfoil blades rotating around a vertical
axis.
Any area which is used, or intended for use, for the landing
and takeoff of helicopters, and any appurtenant areas including buildings
or other facilities for activities such as refueling, parking, storage,
maintenance and repair of helicopters.
An area used, or intended for use, for the landing, boarding
and takeoff of helicopters, which does not have facilities for such
activities and refueling, storage, maintenance or repair of helicopters.
Private heliports or helistops are those which restrict usage
to the owner or operator or to persons authorized by the owner or
operator to land.
Public heliports or helistops are those open to the general
public and not requiring prior permission of the owner or operator
to land.
A ground-level area that is intended to be used on a temporary
basis as a helistop. Temporary helistops shall be granted for a period
of no longer than thirty (30) days.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-22)
Vehicle parking requirements for helistops or heliports shall
be determined by the city manager or his designee. Typically, five
(5) spaces per landing/takeoff area will be desirable.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-23; Ordinance 07-011, sec. 1, adopted 2/6/07)
Helicopters shall land only at established heliports and helistops
within the city, unless such landing is for law enforcement or emergency
purposes. Emergencies shall include conditions in which life, health,
or property is in danger or may be in danger. All flight operations
shall be conducted in accordance with current Federal Aviation Administration
rules and regulations.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-24; Ordinance 07-011, sec. 2, adopted 2/6/07)
Except as otherwise provided by this section, if it is shown
that a person has violated this division, upon conviction, the defendant
shall be punished by a fine of not less than one hundred dollars ($100.00),
nor more than five hundred dollars ($500.00). Upon a second conviction
for a violation of this division, the defendant shall be punished
by a fine of not less than five hundred dollars ($500.00).
(Ordinance 86-90, sec. 2, adopted 8/26/86; 1978 Code, sec. 2 1/4-28; Ordinance 07-011, sec. 5, adopted 2/6/07)
It is the intent of the city to provide for helicopter operations
in a manner which provides for the health, safety, and welfare of
the public. Establishment of heliports or helistops shall be by specific
use permit only, except when developed by the city on property owned
by the city. The city council may require information or conditions
necessary to protect the public interest in the application for, or
operation of, heliports or helistops.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-25)
(a)
Application process; contents.
Applications for specific use permits for heliports or helistops shall be submitted to the city manager or his designee and subject to all requirements and conditions of specific use permits as established in section 28.04.001(e) of this code. Applications shall also include, but not be limited to, the following information:
(1)
The name, address and telephone number of the applicant(s).
(2)
The name, address and telephone number of the property owner(s),
along with signed approval of the owner or owner’s representative
for such application.
(3)
The location, size and facilities to be provided at the proposed
site.
(4)
A copy of preliminary approval from the Federal Aviation Administration
that the area may be operated as a heliport or helistop. This information
shall include the “Notice of landing area proposal,” a
letter of no objection from the Federal Aviation Administration and
a copy of all information provided to the Federal Aviation Administration.
(5)
The anticipated number of takeoffs and landings anticipated, along
with variations and anticipated development and activity increases
in the future. Aircraft types and the proposed purpose of the facility
shall be included.
(6)
The proposed days and hours of operation.
(7)
Proposed fire protection.
(8)
An analysis and calculation details related to potential noise impacts.
(9)
Where landing areas are on structures or buildings, or not at ground
level, certification from an engineer currently registered by the
state shall be required, stating that the proposed landing area is
structurally adequate for operation as a heliport or helistop.
(10)
A detailed description of potential impacts on adjacent lands and
provisions for alleviating impacts, including such items as buffer
zones, security, public access and flight safety.
(b)
Additional information may be required for approval.
The city council shall consider the information provided and reserves
the right to require additional information or grant approval subject
to specific conditions and requirements necessary to protect the public
interest. Such conditions and requirements may include provisions
related to minimum altitudes, traffic patterns, approach routes and
a time limit for operation of the area as a heliport or helistop.
(c)
Applications for temporary helistops; contents; approval.
Applications for temporary helistops shall include the requirements and potential restrictions of heliports and helistops. Approval of a temporary helistop shall be based upon the successful compliance with all of the conditions provided in section 28.04.001(e) of this code. The responsibility for the issuance of the temporary helistop permit shall be with the city manager or his designees.
(d)
Review, consideration of applications by city.
All applications
for heliports or helistops should allow at least thirty (30) days
for review and consideration by the city. Failure to provide the minimum
review period may be sufficient reason for denial.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-26; Ordinance 07-011, sec. 3, adopted 2/6/07)
If a heliport or helistop is not operated in accordance with
the laws of the United States, the state, the ordinances of the city,
or conditions or requirements of the specific use permit, the city
manager or his designee may, at any time, give notice, in writing,
to the licensee or other person in control of the operation and maintenance
of such facility, to show cause why the permission issued for the
operation should not be revoked and cancelled. Such notice to show
cause shall become effective as a cancellation after the expiration
of ten (10) days from the date of same. On or before the expiration
of the ten-day period, the permittee or the person in control of the
operation and maintenance of the facility may file a written appeal
with the city manager or his designee, in which it is requested that
the city council grant a hearing upon the question of whether or not
the permit issued by the city shall be cancelled or revoked. Such
appeal shall operate as a stay or postponement of such revocation
and cancellation of the permit until such time as the city council
shall grant a hearing and make a final determination. Such hearing
shall be held within thirty (30) days after the date of filing of
such appeal. The action of the city council, after hearing the evidence
and facts, shall be final and conclusive to all parties.
(Ordinance 86-90, sec. 1, adopted 8/26/86; 1978 Code, sec. 2 1/4-27; Ordinance 07-011, sec. 4, adopted 2/6/07)
