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Board sets public hearing to consider tightening conditions on privately owned helipad; prior revocation denied

3020363 · April 15, 2025
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Summary

After denying a petition to revoke a special use permit, the Cherokee County Board of Commissioners opened a public hearing to consider amendments to helipad conditions for Rocky Morris' property; proposed changes would clarify location, flight path, operator contracts, FAA compliance and allow immediate action for violations.

The Cherokee County Board of Commissioners on April 15 moved forward with a public hearing to consider proposed amendments to the helipad special use permit originally approved in 2022 for property owned by Rocky Morris at 2700 Cox Road.

Staff explained the board in February had declined to revoke the helipad special use permit despite alleged condition violations and instead directed a public hearing to revisit and tighten conditions. The 2022 approval appears in county records as resolution 2022R-76 associated with Case No. 2200Six-026S (helipad special use permit and special event facility).

The amendments proposed by staff seek to clarify the authorized helipad location on the property, require an affidavit of compliance tied to the special use permit conditions, and state that removal or discontinuance of the helipad for 12 months could prompt the board to initiate proceedings to terminate the permit.

Other proposed changes include an explicit requirement that the helipad meet all Federal Aviation Administration requirements, a limit to a single permitted helipad and single landing location, and a requirement that any operator be a licensed and bonded helicopter service under a recorded contract with the property owner. Staff proposed that all arrivals and departures use the flight path illustrated in the original resolution’s exhibit and added language that deviations (including for weather or mechanical reasons) could be treated as violations subject to board review.

Critically, staff proposed language giving the board authority to initiate immediate proceedings to terminate the special use permit for violations "without regard to providing notice," and to consider violations even in the case of emergencies if the board subsequently determines the facts warrant enforcement.

Staff recommended the hearing proceed as a normal public hearing, permitting the applicant or his representatives and interested parties to present testimony. County staff also said some litigation-related matters could be discussed in executive session if the board so elected.

Why this matters: The proposed amendments would impose specific operational and contractual controls on the helipad's use, potentially tightening enforcement and giving the board faster remedies if future violations occur. Because aircraft operations are regulated by FAA rules as well as local land-use approvals, the proposal includes explicit coordination with federal requirements.

No final action was recorded at the work session; the matter advanced to a scheduled public hearing and could return with conditions or revocation proceedings.