This chapter shall be known and may be cited as the MEDICAL HELIPORT ZONING ORDINANCE. (Ord. 601, 7-27-2015)

As used in this chapter, unless the context otherwise requires:

APPROACH/DEPARTURE PATH: The generalized flight track helicopters follow when landing at or departing from a heliport. A helicopter pilot may deviate from this optimal flight path in the interest of aircraft safety. The approach/departure paths may be straight or curved.

APPROACH/DEPARTURE SURFACE: An imaginary surface longitudinally centered on the approach/departure path, extending upward and outward from the edge of the final approach and takeoff area (FATO) and at the same slope as the approach zone height limitation slope set forth in section 10-18-4 of this chapter. The extents and slopes of this imaginary surface are defined by the federal aviation administration (FAA) in advisory circular AC-150/5390-2C (4/24/012) which are adopted hereat.

FINAL APPROACH AND TAKEOFF (FATO): A defined area over which the pilot completes the final phase of the approach to a hover or a landing and from which the pilot initiates takeoff.

HAZARD TO AIR NAVIGATION: Any object having a substantial adverse effect upon the safe and efficient use of the navigable airspace by aircraft, upon the operation of air navigation facilities, or upon existing or planned airport/heliport capacity as determined by the FAA.

HEIGHT: For the purpose of determining height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be the as built elevation of the FATO. See zoning map attached to the ordinance codified herein for relevant elevation datum.

HELIPORT: The area of land, water, or a structure used or intended to be used for the landing and takeoff of helicopters, together with appurtenant buildings and facilities.

HELIPORT IMAGINARY SURFACES: The imaginary planes defined in title 14 CFR part 77, safe, efficient use, and preservation of the navigable airspace, centered about the FATO and the approach/departure paths, which are used to identify the objects where notice to and evaluation by the FAA is required. Recommendations may include realignment of approach/departure paths or removal, lowering, marking and lighting of objects.

HELIPORT PROTECTION ZONE (HPZ): An area off the end of the FATO and under the approach/departure path intended to enhance the protection of people and property on the ground.

MEDICAL HELIPORT: A heliport limited to serving helicopters engaged in air ambulance, or other hospital related functions. A designated helicopter landing area located at a hospital or medical facility is a heliport and not a medical emergency site.

NONCONFORMING USE: Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

OBSTRUCTION: Any structure, growth, protrusion or other object, including a mobile object, which exceeds a limiting height set forth in section 10-18-4 of this chapter.

PERSON: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PRIMARY SURFACE: The area of the primary surface coincides in size and shape with the designated FATO of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

STRUCTURE: An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

TOUCHDOWN AND LIFTOFF AREA (TLOF): A load bearing, generally paved area, normally centered in the FATO, on which a helicopter lands and/or takes off.

TRANSITIONAL SURFACES: An imaginary surface that extends outward at a ninety degree (90°) angle to the approach/departure path centerline. The extents and slopes of this imaginary surface are defined by the federal aviation administration (FAA) in advisory circular AC-150/5390-2C (4/24/012).

TREE: Any object of natural growth. (Ord. 601, 7-27-2015)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach/departure surfaces, transitional surfaces and heliport protection zone surfaces as they apply to the medical heliport. Such zones are shown on the medical heliport zoning map, dated April 28, 2015, which is attached to the ordinance codified herein and made a part thereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

Heliport Approach/Departure Zone: The inner edge of this approach zone coincides with the width of the FATO (primary surface) and is seventy seven feet (77') wide. The approach/departure zone expands outward uniformly to a width of five hundred feet (500') at a horizontal distance of four thousand feet (4,000') from the primary surface. The surface rises upward at a rate of 8H:1V to an ultimate height of five hundred feet (500') at a horizontal distance of four thousand feet (4,000') from the primary surface.

Heliport Protection Zone (HPZ): The HPZ is the area under the 8H:1V (sloped 8 feet horizontally to 1 foot vertically) approach/departure surface starting at the FATO perimeter and extending out for a distance of two hundred eighty feet (280'). Whenever reasonably possible, the heliport owner shall maintain control of all properties within the HPZ. Places of public assembly (churches, schools, hospitals, office buildings, shopping centers and other uses with similar concentrations of persons, places of public assembly) are discouraged in the HPZ.

Heliport Transitional Zones: These zones extend outward from the sides of the primary surface and the heliport approach/departure zones a horizontal distance of two hundred fifty feet (250') from the primary surface centerline and the heliport approach/departure zone centerline. The surface rises upward at a rate of 2H:1V. At a distance of two hundred fifty feet (250') from the primary surface centerline and heliport approach/departure zone centerline, the height of the heliport transition zone varies with the height of the heliport approach/departure zone. (Ord. 601, 7-27-2015)

Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

Heliport Approach Zone: Slopes eight feet (8') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of four thousand feet (4,000') along the heliport approach/departure zone centerline.

Heliport Transitional Zones: Slope two feet (2') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of two hundred fifty feet (250') measured horizontally from and at ninety degree (90°) angles to the primary surface centerline and heliport approach/departure zone centerline.

Excepted Height Limitations: Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to thirty five feet (35') above the surface of the land. (Ord. 601, 7-27-2015)

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between heliport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the heliport, impair visibility in the vicinity of the heliport, create bird strike hazards, or in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the heliport. (Ord. 601, 7-27-2015)

   A.   Regulations Not Retroactive: The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date hereof and is diligently prosecuted.

   B.   Marking And Lighting: Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city of Fruitland to indicate to the operators of aircraft in the vicinity of the heliport the presence of such heliport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the city of Fruitland. (Ord. 601, 7-27-2015)

   A.   Future Uses: No material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative and the application conforms to all other ordinances, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with subsection D of this section.

   B.   Existing Uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date hereof or any amendments thereto or than it is when the application for a permit is made.

   C.   Nonconforming Uses Abandoned Or Destroyed: Whenever the zoning administrator determines that a nonconforming tree or structure has been abandoned or more than fifty percent (50%) torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

   D.   Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Fruitland planning and zoning commission for a variance from such regulations. The application for variance shall be accompanied by a determination from the federal aviation administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Fruitland planning and zoning commission unless a copy of the application has been furnished to the owner of the heliport for advice as to the aeronautical effects of the variance. If the owner of the heliport does not respond to the application within fifteen (15) calendar days after receipt, the Fruitland planning and zoning commission and the Fruitland city council may make final decisions on the application without further notice to the owner.

   E.   Obstruction Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Fruitland planning and zoning commission, this condition may be modified to require the owner to permit the city of Fruitland at its own expense, to install, operate, and maintain the necessary markings and lights. (Ord. 601, 7-27-2015)

It shall be the duty of the city of Fruitland building official/building inspector to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city of Fruitland zoning administrator upon a form published for that purpose. Applications required by this chapter to be submitted to the city of Fruitland zoning administrator shall be promptly considered and granted or denied. An application for action by the Fruitland planning and zoning commission shall be forthwith transmitted by the city of Fruitland zoning administrator. (Ord. 601, 7-27-2015)

Appeals from decisions of the zoning administrator, the Fruitland planning and zoning commission and the city council may be taken as set out in this code. (Ord. 601, 7-27-2015)

Any violation of this order shall be a misdemeanor punishable in accordance with the general misdemeanor laws of the state of Idaho. (Ord. 601, 7-27-2015)