The Lincoln County Code (LCC) is a codification (compilation) of ordinances enacted by the Lincoln County Board of Commissioners. The LCC web site contains the 2003 Lincoln County Code, with all ordinances codified as of January 1, 2003.
The LCC web page is divided into Chapters. The only Chapter in which I found "heli" (which would find instances of "heliport," "helipad," or "helicopter") during a computer search was Chapter 1: Land Use Planning.
In a computer search for "heli" of Chapter 1 of the Lincoln County Code, I found the "heli" often, However, I have only included Lincoln County Code about heliports that applies to land zoned Agriculture Conservation because that is the zoning for the proposed heliport at South Beaver Creek.
Chap. 1 is 139 pages long and is a 451K PDF file, so it can take a long time to download on a dial-up Internet connection..
I am not a land use expert or lawyer, so I may have missed something relevant to the heliport issue. Accordingly, I urge readers who are deeply interested in this issue to read Chapter 1 or other Chapters of Lincoln County Code for themselves.
I have added LCC designations for LCC items that are linked. ...=material not included because I did not think it was relevant. I have only boldfaced material that was boldfaced on the LCC web page. I have also included an Oregon Administrative Rule and an Oregon Revised Statute that was cited in the Lincoln County Code.
1.0145 Transportation Policies.
1.0145(22): development of heliports restricted to areas with no potential for residential use.
1.1373 Agricultural Conservation Zone A-C.
1.1373(3): heliports are a Conditional Use.
1.1630 Standards and Procedures Governing Conditional Uses.
1.1630(1b): Conditional Uses are to be compatible with existing and projected uses of surrounding lands.
1.1630(19a): heliports require provisional approval from the Oregon Department of Aviation.
1.1630(19b): applicable noise standards of the Oregon Department of Environmental Quality shall be met by heliports.
1.1630(24a): a heliport can be used infrequently by guests of the owner, but no exception for Conditional Use is mentioned if the owner uses the heliport infrequently.
1.1935 Scenic Areas, Historic and Archaeological Sites, and Fish and Wildlife Habitats.
Guidelines for not destroying these resources.
1.1940 Airport Areas.
1.1940(1): airports must be protected from encroaching incompatible uses "which may have a deleterious effect on the expansion or future operation of the facility."
1.1940, 1.1940(1), and 1.1940(3): protection of airports does not distinguish between protections for public and private airports, and 1.1940(1) specifically states "all airports." 1.1940(2): private heliports are specifically mentioned and "may still be subject to applicable restrictions."
1.1940(3) and following sections: if an airport is approved, then restrictions are placed on neighboring landowners if their activities may impair visibility or safety of aircraft using the airport, including creating "bird strike hazards"; a residential density greater than one unit per five acres is prohibited in airport approach zone.
Oregon Administrative Rule (OAR) 660-033-0130(5).
Oregon Revised Statute (ORS) Chapter 215. County Planning; Zoning; Housing Codes.
LCC 1.0145 Transportation Policies
...
(20) Lincoln County shall encourage the improvement of existing
airports.
(21) Lincoln County shall work with citizens, the Department of
Transportation Aeronautics Division, and cities to develop
zones which designate surrounding land uses compatible with
airports. [In July 2000, the Department of Transportation
Aeronautics Division became the Oregon Department of
Aviation, according to their "Agency History" at
http://www.aviation.state.or.us/departments/history.shtml]
1.0145(22) Development of heliports, except for emergency use, shall be
restricted to commercial, industrial, forest, and agricultural
areas and residential areas where the approach and departure
occur over areas where there is no potential for residential
use.
(23) The Lincoln County Airport Advisory Committee shall advise
the County on all land use matters pertinent to airport and
aircraft safety.
...
LCC 1.1373 Agricultural Conservation Zone A-C
...
1.1373(3) Additional Conditional Uses Permitted that are Subject to OAR
660-33-130(5):
The following uses and their accessory uses may be permitted
subject to the provisions of subsection (6) of this section and
the applicable provisions of LCC 1.1401 to 1.1499, 1.1501 to
1.1599, 1.1601 to 1.1699, and 1.1901 to 1.1999:
[Note by Range Bayer: I have only included sections on this web page
that I thought were relevant to the heliport issue. I urge the
reader to read these sections in their entirety in Lincoln County
Code Chapter 1.]
...
1.1373(3)(h) Personal use airports and heliports, including associated
hangars and maintenance and service facilities.
...
(6) Requirements for Conditional Uses Subject To OAR 660-33-130(5):
Approval of uses subject to the requirements of this subsection
requires findings that such uses:
(a) Will not force a significant change in a accepted farm or
forest practices on surrounding lands devoted to farm or
forest use; and
(b) Will not significantly increase the cost of accepted farm or
forest practices on lands devoted to farm or forest use.
...
LCC 1.1630 Standards and Procedures Governing Conditional Uses
In addition to the standards of the zone in which the
conditional use is located and the other standards of this
chapter, conditional uses shall meet the following standards:
(1) General standards:
In addition to the other applicable standards of this section,
all conditional uses, except for dwellings authorized in the
T-C and A-C zones, shall comply with the following
requirements:
(a) The site under consideration is suitable for the proposed use
considering:
(i) The size, design and operating characteristics of the use.
(ii) The adequacy of transportation access to the site.
(iii) The natural and physical features of the site such as
general typography, natural hazards, natural resource
values, and other features.
1.1630(1)(b) The proposed use is compatible with existing and projected
uses on surrounding lands, considering the factors in
paragraph (a) of this subsection.
...
1.1630(17) All conditional uses within an A-C Zone shall be reviewed as
required in ORS chapter 215.
...
(19) Standards for heliports:
1.1630(19)(a) There shall be provisional approval from the Oregon
Department of Transportation, Aeronautics Division. [In July 2000,
the Department of Transportation Aeronautics Division became the
Oregon Department of Aviation, according to their "Agency History" at
http://www.aviation.state.or.us/departments/history.shtml]
1.1630(19)(b) Applicable noise standards of the Oregon Department of
Environmental Quality shall be met.
...
(24) Standards for personal use airports:
1.1630(24)(a) Personal use airports or helipads shall be restricted, except
for aircraft emergencies, to use by the owner, by commercial
aviation activities in conjunction with agriculture, and
infrequent and occasional use by invited guests.
(b) No aircraft may be based on a personal use airport other than
those owned or controlled by the owner of the facility.
(c) Exceptions to the limitations on permitted activities
contained herein may be allowed subject to a specific waiver
action by the State Aeronautics Division authorizing the
activity. [In July 2000, the Department of Transportation
Aeronautics Division became the Oregon Department of
Aviation, according to their "Agency History" at
http://www.aviation.state.or.us/departments/history.shtml]
...
LCC 1.1935 Scenic Areas, Historic and Archaeological Sites, and Fish
and Wildlife Habitats
The following development guidelines shall apply to scenic
areas, historic and archaeological sites and fish and wildlife
habitats as identified in the Lincoln County Comprehensive
Plan Inventory:
(1) Purpose:
The scenic, historic and fish and wildlife resources of Lincoln
County make it a desirable location to visit and in which to
reside. These resources are of importance to the citizens of
the county for environmental, social, and economic reasons.
The following development guidelines are established to ensure
that the viability of such resources is not destroyed.
(2) Areas of Concern:
Areas designated in the Lincoln County Comprehensive Plan
Inventory as having value as scenic, historic or fish and
wildlife resources shall be subject to the provisions of this
section.
(3) Considerations:
The following list indicates the considerations which shall be
recognized in the review of land use actions in areas subject
to the provisions of this section:
(a) Scenic Areas:
(A) Maintaining natural vegetation whenever possible.
(B) Landscaping areas where vegetation is removed and erosion
might result.
(C) Screening unsightly land uses, preferably with natural
vegetation or landscaping.
(D) Limiting rights-of-way widths and numbers of roads
intersecting scenic roadways to the minimum needed to
safely and adequately serve the uses to which they
connect.
(E) Limiting signs in size and design so as not to distract
from the attractiveness of the area.
(F) Siting developments to be compatible with surrounding area
development, and recognizing the natural characteristics
of the location.
(G) Limiting excavation and filling only to those areas where
alteration of the natural terrain is necessary, and
revegetating such areas as soon as possible.
(H) Protecting vistas and other views which are important to
be recognized because of their limited number and
importance to the visual attractiveness of the area.
(I) Concentrating commercial developments in areas where
adequate parking and public services are available, and
discouraging strip commercial development.
(b) Fish and Wildlife Habitats:
(A) Protecting water quality and minimizing structural
encroachment into natural waterways and drainage ways.
(B) Maintaining natural riparian vegetation. Riparian
vegetation as used in this paragraph means naturally
occurring vegetation within 50 lineal feet of a body of
water as measured along the existing grade.
(C) Reestablishment of vegetation in riparian areas when
disturbance is unavoidable.
(D) Minimizing filling, drainage and channelization in wetland
areas.
(E) Providing for the maximum practicable amount of open space
in development.
(F) Maintaining existing native upland vegetation.
(G) Retaining large dead trees (snags) when safety
considerations permit.
(H) Protecting perching trees and maintaining low intensity
uses within 150 meters of pigeon mineral springs.
(I) Protection of trees within the primary nest zone (the area
encompassed by the boundary drawn to enclose all nests) or
heron rookeries.
(J) Maintaining natural vegetation within 100 meters of the
primary nest zones of heron rookeries.
(K) Preservation of trees and maintenance of low intensity
uses within a 100 meter radius of eagle and osprey nests.
(L) Protection of old growth trees within 400 meters of
existing eagle and osprey nests.
(M) Locating dwellings as close as practical to roads, other
dwellings and other existing development in areas of major
big game range.
(N) Minimizing road buildings excavation and other
construction activities in areas of major big game range.
...
LCC 1.1940 Airport Areas
The following development guidelines are applicable to those
areas in close proximity to airports within the county, and
particularly in approach pattern areas:
1.1940(1) Purpose:
Since airports are an important community asset and
investment, they must be protected form [sic] encroaching
incompatible uses which may subsequently have a deleterious
effect on the expansion or future operation of the facility.
These development guidelines have been prepared in order to
achieve the potential of all airports. The operation of
airports should not be placed in jeopardy or be limited by
future standards that would be enacted to provide for
the safety and health of structures and inhabitants when they
should initially have been limited or prevented from
locating in close proximity to the airport facility.
1.1940(2) Areas of Concern:
At the present time there are four public airport or landing
facilities in the county which warrant the provision of some
means of protection. They are located at Siletz Bay, Toledo,
Newport, and Waconda Beach. Areas of concern around each of
these facilities are delineated on County Zoning Maps.
Private landing strips and heliports are not delineated but
may still be subject to applicable restrictions.
1.1940(3) Standards:
The following standards shall apply in airport areas:
(a) Airport Area Height Limitations:
Except as otherwise provided in this section, no structure
shall be erected, altered, or maintained, and no tree shall be
allowed to grow to a height in excess of the applicable height
herein established. Such height limitations shall be
established in accordance with regulations of the Federal
Aviation Administration relating to objects affecting
navigable airspace, 14 CFR Part 77.
(b) Use Restrictions:
Regardless of any other provisions of this section, no use may
be made of land or water within any area covered by this
section in such a manner as to create electrical interference
with navigational signals or radio communication between the
airport 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 airport, impair
visibility in the vicinity of the airport, create bird strike
hazards, or otherwise in any way endanger or interfere with
the landing, takeoff, or maneuvering of aircraft intending to
use the airport.
(c) Marking and Lighting:
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 Lincoln County to indicate to the
operators of aircraft in the vicinity of the airport the
presence of such airport obstruction. Such markers and lights
shall be installed, operated, and maintained at the expense of
the airport owner.
(d) Future Uses:
Except for the exceptions provided in paragraph (e) of this
subsection, 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 airport area unless
approved by the Lincoln County Planning Commission or
Planning Division through a conditional use permit. Each
application shall indicate the purpose for which the approval
is desired, with sufficient detail 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, the approval may be
granted. No permit for a use inconsistent with the provisions
of this section shall be granted.
(e) Exceptions:
(A) In the area lying within the limits of the horizontal
zone and conical zone, no permit shall be required for any
tree or structure less than 50 feet of vertical height
above the ground, except when, because of terrain, land
contour, or topographic features, such tree or structure
would extend above the height limits prescribed for such
zones.
(B) In areas lying within the limits of the approach zones
but at a horizontal distance of not less than 4,200 feet
from each end of the runway, no permit shall be required
for any tree or structure less than 50 feet of vertical
height above the ground, except when such tree or
structure would extend above the height limit prescribed
for such approach zones.
(C) In the areas lying within the limits of the transition
zones beyond the perimeter of the horizontal zone, no
approval shall be required for any tree or structure less
than 50 feet of vertical height above the ground, except
when such tree or structure, because of terrain,
land contour, or topographic features, would extend above
the height limit prescribed for such transition zones.
(D) Nothing contained in any of the foregoing exceptions
shall be construed as permitting or intending to permit
any construction, or alteration of any structure, or
growth of any tree in excess of any height limits
established by this section.
(f) Existing Uses:
No approval 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 June 25, 1980, or
than it is when the application for a permit is made.
(g) 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
section, may apply to the Planning Division or Commission
for a variance from such regulations in accordance with
LCC 1.1801 through 1.1830. The application for variance
shall be accompanied by a determination from the Federal
Aviation Administration and the Aeronautics Division of the
Department of Transportation [In July 2000, the Department
of Transportation Aeronautics Division became the Oregon
Department of Aviation, according to their "Agency History" at
http://www.aviation.state.or.us/departments/history.shtml]
as to the effect of the
proposal on operation of air navigation facilities and the
safe, efficient use of navigable airspace. Such variances
may be allowed where the requirements of LCC 1.1810 have
been met and it is found that the relief granted will not be
contrary to the public interest and will not create a hazard
to air navigation. Additionally, no application for
variance to the requirements of this section may be
considered by the Planning Commission or Planning
Department unless a copy of the application has been
furnished to the airport owner for comment as to the
aeronautical effects of the variance. Failure of the airport
owner to respond to the request for comments shall not
prevent Lincoln County from acting on its own to grant or
deny the application.
(h) Land Uses Within Airport Areas:
All structures and uses within the airport areas shall
conform to the requirements of regulations of the Federal
Aviation Administration relating to objects affecting
navigable airspace, 14 CFR Part 77, and to other federal and
state laws regulating structural height, smoke, steam or
dust and other hazards to flight, air navigation, or public
health, safety and welfare. Within the various airport
areas, certain uses are compatible and certain uses are not
because of possible negative effects on either the airport
or the use. Such effects on the airport may include danger
to property or life from accident, noise, and vibration.
Because of these factors, the special airport zones have
been further limited or restricted as follows:
(A) Approach Zones:
(i) The following uses are prohibited except as
required for airport use:
(aa) Places of public assembly.
(bb) Residential density greater than one unit per
five acres.
(cc) Retirement homes and other residential
institutions.
(dd) Hospitals.
(ee) Schools.
(ff) Aggregate extraction where ponding and birds
pose a strike hazard.
(gg) Above ground power lines within clear zones.
(hh) Storage of hazardous material as defined by
the National Fire Protection Association.
(ii) Communications towers.
(jj) Solid waste disposal sites.
(kk) Commercial or industrial use with potential
operations hazards such as electrical
interference, high intensity lighting, smoke,
glare, noise, and other hazards.
(ii) All other uses as listed in the underlying zone
with a hold-harmless agreement and navigational
easement.
(B) Clear Zones:
(i) The clear zone shall be free of any construction or
obstacle and shall be minimally used by people.
(ii) Agriculture which does not attract birds is
compatible, but no structures are allowed.
(iii) Above ground power lines are prohibited.
(iv) Airport clear zones are subject to the conditions
as shown in the airport's master plan.
(C) Moderate Noise Impact Zone (LDN 55+):
(i) Schools, hospitals, nursing homes, theaters,
auditoriums, residential development and all
other places of public assembly shall have noise
insulation in accordance with Oregon Department
of Environmental Quality standards and
recommendations.
(ii) Housing shall be oriented such that screening with
fences, berms or other treatment reduce awareness
of the airport.
(D) Substantial Noise Impact Zone (LDN 65+):
(i) Airport terminal with appropriate insulation.
(ii) Hangers.
(iii) Other airport related uses only.
OAR 660-033-0130(5):
(5) Approval requires review by the governing body or its designate under ORS
215.296. Uses may be approved only where such uses:
(a) Will not force a significant change in accepted farm or forest practices on
surrounding lands devoted to farm or forest use; and
(b) Will not significantly increase the cost of accepted farm or forest
practices on lands devoted to farm or forest use.
This is from searching for "0130" in Land Conservation and Development Department. Division 33. Agricultural Land.
OAR 660-033 is 30 pages long when printed out in Internet Explorer, so it is a fairly large file.
Lincoln County Conditional Uses within an Agricultural Conservation zone are said to be reviewed as required in ORS 215, according to Lincoln County Code (LCC) 1.1630(17).
"Chapter 215. County Planning; Zoning; Housing Codes" is 84 pages long when printed out in Internet Explorer, so it takes some time to download on a dial-up Internet connection. It is long and confusing--to understand it, one may need to be a land use expert or lawyer to be able to interpret it.
In a computer search of this file for "heli" (which should find helicopter, heliport, and helipad), I found two mentions of "helicopter"; however, there appears to be an error in the file as the second mention appears to indicate that the second section is the same ORS as the first and has been mistakenly repeated.
I do not know if Lincoln County adopted a "marginal lands system" prior to 1993 or if this ORS applies to the proposed South Beaver Creek heliport because I do not know if the Agriculture Conservation zoning is "exclusive farm use."
Note that below in ORS 215.213(2d[h]), "occasional" and "infrequent" applies to guests of the airport owner, not to the airport owner.
The only passages that I think are relevant ( ...=material not included because I did not think it was relevant):
ORS 215.213. Uses permitted in exclusive farm use zones
in counties that adopted marginal lands system prior to 1993.
...
ORS 215.213(2) In counties that have adopted marginal lands provisions under
ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject
to ORS 215.296:
...
ORS 215.213(2)(d) Operations conducted for:
...
ORS 215.213(2)(d)(h) Personal-use airports for airplanes and helicopter
pads, including associated hangar, maintenance and
service facilities. A personal-use airport as used in
this section means an airstrip restricted, except for
aircraft emergencies, to use by the owner, and, on an
infrequent and occasional basis, by invited guests, and
by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or
controlled by the owner of the airstrip. Exceptions to
the activities permitted under this definition may be
granted through waiver action by the Oregon Department
of Aviation in specific instances. A personal-use
airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable
rules of the Oregon Department of Aviation.
*********************************************************************