(a) Intent. Due to the rapid development of and the need for helicopter services, it has been deemed appropriate that such uses require a special permit, as required by this chapter, in order to promote the continued growth of such services in a safe, orderly manner.
(b) Application for Permit. Permits for establishing and maintaining heliports shall be issued to the owner or lessee of the heliport after approval of a special permit by the Planning and Zoning Commission and after the applicant has submitted an application providing written proof that:
(1) The heliport, when located in zoning districts other than Residential Zoning Districts:
A. Has been inspected and, if applicable, approved and registered or licensed by either the Division of Aviation of the Ohio Department of Transportation (ODOT) or the Federal Aviation Administration (FAA) for compliance with the criteria set forth in the Transportation Laws of Ohio Annotated With Rules and Regulations, Chapters TRa-1, TRa-2 and TRa-5, as amended, and applicable federal regulations; and
B. Has received such approval and clearance from the FAA as may be required by the Federal Aviation Regulations (FARs).
(2) The heliport, when located in a residential zoning district:
A. Complies with the requirements set forth in division (b)(1) above for heliports located in zoning districts other than residential zoning districts;
B. Shall be limited to servicing helicopters of 12,000 pounds gross weight or less (executive-type helicopters) for the purpose of internal cargo or personnel transportation only;
C. Shall be a minimum of one acre and, when in use, shall be marked in such a way as to be clearly visible; and
D. Shall be a minimum of 500 feet from the nearest occupied structure, expressway or principal arterial, minor arterial or collector street within the village.
(c) Fee. A fee of $5 shall be paid to the village for each application for a special permit to establish a heliport.
(d) Take-off or Landing of Helicopters. No person shall takeoff or land a helicopter anywhere within the village, except at a heliport for which a permit issued by the municipality, as hereinafter provided, is in force, unless such take-off or landing is:
(1) Necessary for law enforcement or other public safety purposes;
(2) Necessary for aircraft or medical emergencies; or
(3) For a single or one-time landing, at a site not regularly used for landings, when prior approval is obtained from the Mayor. Such approval shall not be unreasonably withheld when the Ohio Department of Transportation has issued a temporary heliport certificate for such an activity.
(e) Validity of Permit. All permits issued shall be valid only to the original property owner or original lessee. If the ownership or tenancy has changed, a new application shall be required.
(f) Violations. Whoever operates a helicopter, or allows the operation of a helicopter, in violation of the provisions of this section shall be subject to the penalty provided in § 1274.99
.
(Ord. 5-89, passed 5-8-1989)