Sandstone City Zoning Code
HELIPORT OVERLAY
DISTRICT
§ 163.180 STATUTORY AUTHORIZATION.
The legislature of the state has, in M.S. § 360.063, as it may be amended from time to time, delegated the responsibility to local government units to adopt zoning regulations for airport hazard areas within their territorial limits, which include heliports. The provisions of this subchapter regulate only the real property located within the city’s territorial limits.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.181 FINDINGS OF FACT.
(A) Airport hazards, as defined in M.S. § 360.013, subd. 40, as it may be amended from time to time, endanger the lives and property of users of the Pine Medical Center Heliport and property or occupants of land in its vicinity; and also if of the obstructive type, have the effect of reducing the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility and safety of the heliport.
(B) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Pine Medical Center Heliport.
(C) For the protection of the public health, safety, order, convenience, prosperity and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards.
(D) The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds.
(E) The Pine Medical Center Heliport is an essential facility that serves an important public transportation role and provides a public good.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.182 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize airport hazards by the provisions contained herein.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.183 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT HAZARD. The meaning prescribed in M.S. § 360.013, subd. 40, as may be amended from time to time.
APPROACH/DEPARTURE PATH. The flight track helicopters follow when landing at or departing from a heliport. The APPROACH/DEPARTURE PATHS may be straight or curved.
FINAL APPROACH AND TAKEOFF AREA (FATO). The area surrounding the touchdown and liftoff area (TLOF) over which the pilot completes the final phase of the approach to a hover or a landing and from which the pilot initiates takeoff. The FATO elevation is the lowest elevation of the edge of the TLOF.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT. The Pine Medical Center Heliport, located at 705 Lundorff Drive in the city.
HELIPORT ELEVATION. The established elevation of the lowest point on the usable landing area, which elevation is established to be 1,086.50 feet above mean sea level.
LANDING POSITION. An area, normally located in the center of an elongated TLOF, on which the helicopter lands.
NON-CONFORMING USE. Any pre-existing structure, tree, natural growth or land use which is inconsistent with the provisions of this chapter or an amendment hereto.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.
SLOPE. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (See example below depicting a 3:1 slope.)
STRUCTURE. An object constructed or installed by humans, including, but without limitations, buildings, towers, smokestacks, earth formations and overhead transmission lines.
TOUCHDOWN AND LIFTOFF AREA (TLOF). A load-bearing, generally paved area, normally centered in the FATO, on which the helicopter lands and/or takes off.
TRAVERSE WAYS. For the purpose of determining height limits as set forth in this chapter, traverse ways shall be increased in height by 17 feet for interstate highways; 15 feet for all other public roadways; ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; 23 feet for railroads; and for waterways and all other traverse ways not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.
TREE. Any object of natural growth.
ZONING ADMINISTRATOR. The person charged with the enforcement of this subchapter.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.184 AIR SPACE OBSTRUCTION ZONING.
(A) Air space zones. In order to carry out the purpose of this subchapter, as set forth above, the following air space zones are hereby established and defined as follows:
(1) Primary zone. All that land which lies directly under an imaginary primary surface that coincides in size and shape with the designated FATO. The elevation of any point on the primary surface is the same as the elevation of the lowest point on the TLOF;
(2) Approach zone.
(a) All that land which lies directly under an imaginary approach surface. The approach surface may be defined by a single magnetic direction from the center of the heliport or as an arc from the center of the heliport.
(b) The inner edge of the approach surface starts at the elevation of the primary surface, at the end of the primary surface and extends a distance equal to half of the FATO width on either side of the defining direction or arc.
(c) The approach surface inclines upward at a slope of 8:1 and expands uniformly to a width of 250 feet either side of the defining direction or arc at a distance 4,000 feet from the primary surface.
(d) The approach surface may be curved and if curved the curve may not start until 300 feet from the primary surface and the minimum turning radius must be at least 886 feet; and
(3) Transitional zone. All that land which lies directly under an imaginary surface extending upward and outward at right angles to the approach zone direction or arc centerline and centerline extended at a slope of 2:1 from the sides of the primary surfaces and from the sides of the approach surfaces for 250 feet from the edge of the primary surface and 250 feet from the defining direction or arc.
(B) Height restrictions. Except as otherwise provided in this chapter, and except as necessary and incidental to heliport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in any air space zone created in division (A) above so as to project above any of the imaginary air space surfaces described in division (A) above. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.185 LAND USE SAFETY ZONING.
(A) Safety zone boundaries. In order to carry out the purpose of this subchapter, to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Pine Medical Center Heliport, there are hereby created and established the following land use safety zones:
(1) Ground impact area. All land within an area that extends 280 feet from the center of the heliport in all directions;
(2) Inner approach area. All land in that portion of the approach zone and transitional zone, where they are utilized, between 280 feet from the center of the heliport to 1,000 feet from the center of the heliport; and
(3) Outer area. All land within 4,100 feet of the center of the heliport that is not included in the other two areas.
(B) Use restrictions.
(1) General. Subject at all times to the height restrictions set forth in § 163.184(B) of this chapter, no use shall be made of any land in any of the safety zones defined by this section which creates or causes interference with the operations of radio or electronic facilities on the heliport or with radio or electronic communications between the heliport and aircraft, make it difficult for pilots to distinguish between heliport lights and other lights, results in glare in the eyes of pilots using the heliport, impairs visibility in the vicinity of the heliport, or otherwise endangers the landing, taking off or maneuvering of aircraft.
(2) Ground impact area. Subject at all times to the height restrictions set forth in § 163.184(B) of this chapter and to the general restrictions contained in division (B)(1) above, areas designated as ground impact areas shall be able to be cleared of vehicle and pedestrian traffic. No construction or planting may occur within this zone without evaluation of the impact to the heliport surfaces and helicopter operations.
(3) Inner approach area. Subject at all times to the height restrictions set forth in § 163.184(B) of this chapter and to the general restrictions contained in division (B)(1) above, no construction or planting may occur in areas designated as inner approach areas without evaluation of the impact to the heliport surfaces and helicopter operations.
(4) Outer area. Subject at all times to the height restrictions set forth in § 163.184(B) of this chapter and to the general restrictions contained in division (B)(1) above, no construction or planting may occur in areas designated as outer areas without evaluation of the impact to the heliport surfaces and helicopter operations.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.186 HELIPORT MAP.
The several zones established by this chapter are shown on the Pine Medical Center Heliport Zoning Map, attached hereto and made part hereof, which map, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries and other information thereon, shall be and the same is hereby adopted as part of this subchapter.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.187 NON-CONFORMING USES.
The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance establishing this subchapter, or otherwise interfere with the continuance of any non- conforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance establishing this subchapter, and is diligently prosecuted and completed within two years thereof.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.188 PERMITS.
(A) Future uses. No material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone created by this chapter without obtaining a permit from the Zoning Administrator. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations of this subchapter. If the determination is in the affirmative, the permit shall be granted.
(B) Exception. A permit shall not be required under division (A) above for a tree or structure of less than 75 feet of vertical height above the ground in the outer area, except when the tree or structure, because of terrain, land contour or topographic features, would extend the height or land use limit prescribed for the respective zone. Nothing contained in this exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations or land use limitations established by this subchapter.
(C) Existing uses. No existing use or structure shall be replaced, substantially altered or repaired, or rebuilt within any zone established by this subchapter without a permit authorizing the replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance establishing this subchapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(D) Non-conforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a non-conforming structure or tree has been abandoned or is more than 80% destroyed, no permit shall be granted that would allow the structure or tree to exceed the limitations imposed by this subchapter. Whether application is made for a permit under this section or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed non-conforming structure, at the owner’s sole expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this chapter. In the event the owner of the non-conforming structure shall neglect or refuse to comply with the order for ten days after receipt of written notice of the order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed non-conforming structure lowered, removed, reconstructed or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.189 VARIANCE.
Requests for variances from the literal provisions of this chapter shall be handled in accordance with the city’s variance procedure, as contained in § 163.326, as may be amended from time to time.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.190 HAZARDOUS MARKING AND LIGHTING.
(A) Non-conforming uses. The owner of any non-conforming 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 Zoning Administrator, to indicate to the operators of aircraft in the vicinity of the heliport the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the owner of the Pine Medical Center Heliport.
(B) Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, and otherwise granted by the Zoning Administrator or the city, shall require the owner of the structure or tree in question, at the owner’s sole expense, to install, operate and maintain thereon the markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.191 APPEALS.
(A) Board of Adjustment and Appeals. Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in the administration of this subchapter may appeal to the city’s Board of Adjustment and Appeals.
(B) Timing. All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his or her administration of this chapter, who desires to appeal the decision shall submit an application for a variance, by certified mail, to the members of the Board of Adjustment.
(C) Proceedings stayed. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by order of the Board on notice to the Zoning Administrator and on due cause shown.
(D) Hearing. The Board shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.
(E) Decision. The Board shall, in writing and in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of the Zoning Administrator.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.192 CONFLICTS.
Where there exists a conflict between any of the regulations or limitations prescribed in this subchapter and any other zoning regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or regulation shall govern and prevail.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.193 AIR SPACE ZONES.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)
§ 163.194 SAFETY ZONE BOUNDARIES.
(Prior Code, § 515.33) (Ord. 20181107-02, passed - -2018; Ord. 20210217-09, passed 2-17-2021)