HELIPORTS AND HELISTOPS

Houston Code of Ordinances ch. 9, art. V

in effect

Houston Code of Ordinances § 9-315 Definitions.

Sec. 9-315. - Definitions. When used in this article, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning. The other definitions found in Chapter 9 of this Code shall supplement the meanings of the words in this article. Church means a building or structure that is exempt from ad valorem taxes where a society of persons who profess a religious belief regularly assembles for religious worship or religious instruction or for propagating a particular form of religious belief. Director means the Director of Houston Public Works or the director's designee. Emergency operation means any operation on the roof or other portion of a building or a ground level area during emergency conditions. Helicopter means an aircraft whose support in the air is derived chiefly from the aerodynamic forces acting on one or more rotors turning about a substantially vertical axis. Heliport means an area of land, water, or a structural surface containing fuel facilities that is designed, used, or intended to be used for the landing and takeoff of helicopters, and any appurtenant areas including buildings or other facilities such as parking, maintenance, and repair facilities. Helistop means a minimum facility without the logistical support provided by a heliport at which helicopters land and take off, including the touchdown area and parking and related facilities other than maintenance and repair buildings. A helistop may be at ground level or elevated on a structure. Hospital building means a structure containing hospital patient bed rooms or bed wards, or both, with an occupancy capacity to house ten or more persons while admitted as inpatients of a general hospital or a special hospital as those terms are defined in section 241.003 of the Texas Health and Safety Code. In any instance in which two or more structures connected by shared or adjoining walls or connected by tunnels or fully enclosed walkways are jointly operated by or under the control of the same person as a hospital or medical complex, then each such building that meets the foregoing definition shall be deemed to be a hospital building; however, any other connected structure, whether utilized for parking, doctors' or administrative offices, laboratory facilities, outpatient facilities, or any other purpose, that does not contain hospital patient bed rooms or bed wards, or both, with an occupancy of ten or more admitted inpatients shall not be deemed to be a hospital building. Interested party means any person residing or owning property within 2,400 feet of the center of the touchdown pad of a proposed or existing heliport or helistop. Medical evacuation means any operation where a helicopter has been authorized or directed to land to administer medical aid or perform a medical evacuation. Operation means a takeoff and landing by a helicopter. A touch and go movement is counted as one operation. Owner means any person having a legal or equitable interest in property. Plot plan means a graphic depiction or drawing of a small planned area, either on the roof of a building or on the ground, that reflects the location of the actual landing area, markings and identification of the landing area, aircraft parking area, peripheral area, other unobstructed areas, fencing, safety barriers, screening, ingress and egress path, any proposed structures or accessory equipment, fire protection equipment, communication signs, patron and employee parking areas, maintenance and fuel area, and any other details, if any, required under the Construction Code, the Fire Code or this article. The scale for the plot plan map shall be not less than one inch equals 50 feet. Public use heliport means a heliport or helistop that has been designated by the city for use by the general public and is available for public use, whether owned or operated by the city or a private individual firm or corporation, provided that the individual firm or corporation has agreed to the public use of his property in writing. Residence means any building or structure containing habitable rooms for nontransient occupancy, designed primarily for living, sleeping, cooking, and eating, that is being used as a dwelling place for residential purposes, whether single-family or multifamily. Hotels, motels, boarding houses, nursing homes, hospitals, nursery schools, and child care facilities shall not be considered residences. A structure located on a lot or tract of land used as a heliport or helistop shall not be considered a residence within the terms of this definition. School means any building or structure where persons regularly assemble for the purpose of instruction or education, together with any playgrounds, dormitories, stadia, and other structures or grounds used in conjunction with the school. The definition of school shall be limited to a public or private elementary, middle, junior high, or high school. Site plan means a graphic depiction or drawing of an area or space on the ground within a 2,400-foot radius from center of the touchdown pad indicating the approach and departure routes, obstructions along and adjacent to the approach-departure path, and the location of all residences, schools, and churches. The site plan map shall be at a scale no less than one inch equals 300 feet. Television/radio news building means a structure that houses the central newsgathering facility of a television/radio broadcast station operating under a license granted by the Federal Communications Commission. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 9-316 Landings and takeoffs prohibited.

Sec. 9-316. - Landings and takeoffs prohibited. (a) It shall be unlawful for any person to take off or land any helicopter or aircraft within the city at any point, except at the following locations: (1) An airport; or (2) A heliport or helistop that holds a valid license or special permit under this article. (b) It shall be an affirmative defense to any prosecution under this section that the landing or takeoff prohibited by this section shall have occurred at a facility exempt under section 9-318 of this Code or as part of a medical evacuation or an emergency operation. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-317 License required.

Sec. 9-317. - License required. It shall be unlawful for any person to construct, establish, maintain, or operate a heliport or helistop within the corporate limits of the city without first having obtained a license from the city, unless exempted by a provision of this article. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-318 Exemptions.

Sec. 9-318. - Exemptions. None of the provisions of this article shall be applicable to any facility owned or operated by the state or federal government or any political subdivision, department, or agency of the state or federal government. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-319 Application for license.

Sec. 9-319. - Application for license. (a) Form and contents. An application for a heliport or helistop license, other than a temporary license, shall be submitted in such form as the director may prescribe and shall be accompanied by drawings, descriptive data, and inspection reports to verify compliance with this article, the Construction Code, the Fire Code, and any other applicable city, state, or federal requirement. The director shall have the authority to establish minimum design standards for heliports and helistops, provided that the standards are not inconsistent with any applicable city, state, or federal standards. In addition, the application shall contain the following: (1) A site plan; (2) A plot plan; (3) FAA letter of airspace determination; (4) FAA statement of no objection to approach and departure routes; (5) Types and weights of helicopters to be used; (6) Number and estimated duration of operations daily for each type of helicopter listed; (7) Days and hours of operation; (8) Name of insurance carrier and proof of insurance as required by this article; (9) A declaration that complies with 1-11(a) of this Code along with other proof that all required notices including publication have been given; (10) A photograph of the sign posted in accordance with subsection (d)(1) of this section; (11) A noise study as required by section 9-323 of this Code; and (12) An approval from Houston Public Works affirming that all Construction Code and Fire Code requirements are met or will be when construction of the heliport or helistop is complete. (b) Oath. Every application for license shall be accompanied by a declaration that complies with section 1-11(a) of this Code executed by the owner of the premises on which the heliport or helistop is to be constructed, or the authorized lessee of the premises, that the proposed facility is authorized to be constructed or to be maintained on the premises, and does not violate any deed restrictions or other similar restrictions applicable to the property. (c) Permission to inspect premises. By applying for a license under this article, the owner or lessee specifically grants permission to the city and its duly authorized agents, officials, and employees to enter upon the premises for the purpose of making all inspections required or authorized to be made under this article. A statement to this effect shall be included in the application form. (d) Public notices: (1) The applicant must post and maintain a sign at the prospective location of the heliport or helistop for at least 20 days before an application submitted to the director may be considered. The sign shall remain posted until the license proceedings are completed. The sign shall provide adequate information as to the location of the proposed heliport or helistop. The director may provide an example of the required sign to the applicant. The sign shall be not less than 32 square feet nor more than 40 square feet and shall be placed in a conspicuous location and in a manner calculated to give adequate public notice. Declarations that comply with section 1-11(a) of this Code of sign posting and maintenance or other proof that the requirements of this subsection have been met shall be provided as part of the application. This article constitutes complete, sufficient and independent authority for such sign to be erected and maintained and no additional sign fees or permits shall be required. (2) The applicant must cause to be published a notice of intent to construct and operate a heliport or helistop in a daily newspaper of general circulation in the city for two separate days, exactly one week apart, before an application may be considered. The second notice of intent must be published no more than five days before the application is submitted to the director. The application shall not be considered by the director until at least five days have passed since the second notice of intent publication. The director may provide an example of the required notice of intent to the applicant. (3) Failure to give notice or to provide adequate proof as required by this article shall constitute grounds for denial of any license. (e) Terms and conditions of the license. By applying for a license under the provisions of this article, each applicant agrees that, in the event that the license is granted, the contents of the application will become part of the license and that the license is granted subject to applicant's compliance with the terms and conditions contained in the application. The applicant further agrees that failure to comply fully with the terms and conditions of the license as granted and as from time to time altered or changed in accordance with this article, including but not limited to failure to comply with the approach and departure routes, shall be grounds for the revocation of the license. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015; Ord. No. 2018-11, § 50, 1-10-2018)

Houston Code of Ordinances § 9-320 Restricted license.

Sec. 9-320. - Restricted license. (a) The director may issue a restricted license for: (1) A helistop or heliport operated by a television or radio broadcast station and used exclusively for helicopters engaged in newsgathering functions; or (2) A helistop or heliport operated by a hospital and used exclusively for helicopters engaged in the emergency transport of medical treatment personnel, patients, body organs or tissue, or medical supplies, equipment or personnel required on an emergency basis; provided that the proposed helistop or heliport is situated within 500 feet of the hospital building or television/radio news building to be principally served by the helistop or heliport. Such distance shall be measured in a straight line and without regard to intervening objects from the nearest point on the hospital building or the television/radio news building to the center of the touchdown pad of the helistop or heliport. (b) An application for a restricted license shall be completed in accordance with the provisions of section 9-319 of this Code, except that the application shall not be required to include the noise study in subsection (a)(11) of that section. The director may prescribe separate rules and procedures for the restricted license application process that are in accordance with the purpose of this article. (c) Each restricted license application shall state whether the proposed heliport or helistop qualifies under item (1) or (2) of subsection (a) of this section. Heliports and helistops with restricted licenses shall be limited to the operation of helicopters for the restricted use applied for and maintenance, fueling, and training flights associated with the restricted use specified in the application. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-321 Temporary license.

Sec. 9-321. - Temporary license. (a) An application for a temporary license to operate a temporary ground level heliport or helistop shall be made to the director in such form and upon such terms as the director may prescribe. A temporary license shall be valid for a period not to exceed ten consecutive days, except as provided in subsection (b) of this section. An applicant shall be issued no more than two such temporary licenses a month for a particular location. (b) A temporary license at a ground level area may be issued by the director for a construction or development project shall be valid for one 90-day-period, renewable for two additional 90-day periods. A temporary license may be extended for more than three 90-day periods, but shall only be valid until the construction or development project is completed and shall only be extended upon a showing of good cause to the director and the approval of the director. (c) An application for a temporary license shall include proof of liability insurance as required by section 9-334 of this Code. (d) Before the issuance of a temporary license, the director shall make any necessary inspections. (e) Before the issuance of a temporary license, the director shall evaluate the proposed temporary heliport or helistop site for safety hazards and community impact. The director may deny an application for a temporary license that would result in excessive safety hazards or a substantially negative community impact. Where the applicant feels that the director has misinterpreted or misconstrued the application of this article, the applicant shall have the right of appeal to the General Appeals Board. (f) A temporary license may be suspended or revoked by the director for any violation of this article or any operation he deems hazardous or as having a substantially negative community impact. Where the temporary licensee feels that the director has misinterpreted or misconstrued the application of this article, the temporary licensee shall have the right of appeal to the General Appeals Board. (g) The temporary license applicant or temporary licensee shall provide the director with any additional information that the director requests for use in implementing the requirements of this article regarding the application for or operation of the temporary heliport or helistop. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-322 Location of heliports and helistops.

Sec. 9-322. - Location of heliports and helistops. (a) In any instance in which the director determines that a reasonable doubt exists regarding the actual distances relevant to any provision of this article, the applicant, at the applicant's expense, may be required to obtain and furnish a survey plat showing the distance and the manner of its computation prepared by and bearing the seal of a registered professional engineer or a registered public surveyor. An applicant may provide such a survey without a request by the director. If a survey is prepared and furnished in accordance with the provisions of this section and the distances shown on that survey are equal to or exceed a requirement of this article, then the survey shall constitute prima facie evidence of compliance with such distance requirement of this article. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-323 Noise standard.

Sec. 9-323. - Noise standard. (a) Prior to the granting under this article of any license, other than a temporary license or a restricted license, the director shall take, or cause to be taken, a measurement of the ambient noise level at the proposed location. (b) For purposes of this section, the ambient noise level shall be defined as the totality of the background noise in a given place and time, composed of sounds from various sources at various distances, exclusive of the noise emitted by the operation of the helicopter in flight. The ambient noise level shall be determined by measurements, taken during the proposed hours of operation, using a conventional or integrating sound level meter, at a minimum of two locations. Such locations shall be the two nearest churches, schools or residences. Each measurement shall be taken outdoors at the location's property boundary closest to the proposed heliport or helistop. (c) The estimated noise to be emitted by each proposed helicopter operation specified in the license application will be measured at the same locations used to measure the ambient noise level. All measurements shall be made with the helicopter operating under normal operating conditions and while the helicopter is simulating normal operating procedures, and utilizing all operating modes applicable to the site, including, but not limited to, ingress, egress, hover and fly-over. (d) The director shall then calculate, based on the formula in subsection (e), the effect of the helicopter operations on the ambient noise level at the locations specified in subsection (b) of this section. The estimated increase of noise level as a result of the proposed helicopter operations shall not exceed the ambient noise level by more than two dBA. If the proposed helicopter operation increases the ambient noise level by more than two dBA, then the license shall be denied. (e) Formula: L eq = 10 log (10 Lamb/10 + | H × T × 10 L/10 ) _____ SO Where: Lamb = | Ambient noise level in dBA over the period of operations, without helicopters. Leq = | Ambient noise level reflecting the operational helicopter noise impact. H = | Number of daily helicopter operations where one operation consists of a landing and takeoff. T = | Time duration of each helicopter noise operation (seconds). L = | L eq of each helicopter operation in dBA. SO = | Number of seconds in period of operations. (f) If the proposed facility is located within 2,400 feet of an existing facility, then in addition to the specifications set out in 9-323(b), the measurements taken to establish the baseline ambient noise level shall be taken when the pre-existing facility or facilities are not in active operations, and in addition to the specifications set out in 9-323(c) the measurements taken shall be taken during active operations at the pre-existing facility or facilities. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-324 Fee; term of license; deposit.

Sec. 9-324. - Fee; term of license; deposit. (a) Heliport. The fee for a heliport license is stated for this provision in the city fee schedule. Such license shall be valid for a period of six years from date of issuance unless sooner revoked or terminated. (b) Helistop. The fee for a helistop license is stated for this provision in the city fee schedule. Such license shall be valid for a period of six years from date of issuance, unless sooner revoked or terminated. (c) Inspection fee. The fee payable each year while the license is in effect for the annual inspection of a heliport or helistop is stated for this provision in the city fee schedule. Such inspection shall be for the purpose of ensuring compliance with the terms and conditions of the license. (d) Temporary license. The fees for temporary heliport or helistop licenses under section 9-321 of this Code are stated for this provision in the city fee schedule. (e) Deposit for license. Any application submitted for a heliport or helistop license, other than a temporary license, shall be accompanied by a deposit of $500.00. Such deposit shall be nonrefundable and shall be applied to the license fee when the application for license is approved. (f) No refund of fees. The license applicant or licensee shall not be entitled to a refund of any fee paid where the license is revoked, any change of status occurs, or for any deposit. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-325 Director to issue license.

Sec. 9-325. - Director to issue license. (a) Following the posting and publication of notice as required in section 9-319(d) of this Code, the following administrative steps will be followed: (1) Where any notice of opposition to a heliport or helistop application has been received by the director, the director shall call and hold a hearing on the question of whether a license should be granted under this article. a. Prior to the commencement of such hearing, the director shall determine the parties to the license proceeding. The director shall not confer party status on a person who is not an interested party as defined in this article. The director shall be the sole judge of whether a person is entitled to status as a party. b. The director shall provide a minimum of ten days' written notice of the time and place of the hearing to the applicant and all persons whom the director has designated as interested parties. c. At such hearing, the director shall receive oral and written testimony regarding the application. After hearing from all parties, the director shall grant or deny the license in accordance with subsection (2) below. (2) Where no notice of opposition to a heliport or helistop application is received by the director, or the director has conducted a hearing as required by subsection (a)(1) of this section, the director shall grant a license where he finds that: a. The proposed heliport or helistop is not in violation of the distance restriction set out in section 9-322 of this Code; b. The proposed operations of the heliport or helistop will not be in violation of the noise standard set out in section 9-323 of this Code; c. The proposed heliport or helistop meets or exceeds the requirements of the Construction Code and the Fire Code; and d. The proposed heliport or helistop meets all other requirements of this article. (b) The effective date of the license shall be the date the application is approved by the director. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-326 Duties of director.

Sec. 9-326. - Duties of director. (a) The director shall have the power and the authority to administer and enforce the provisions of this article. (b) The director shall have the powers enumerated in this article for the review of applications for licensing, including approving or denying applications for licensing and conducting hearings on applications as provided for in this article. (c) The director shall submit an annual report to the mayor and city council containing a summary of his actions performed under this article during the preceding year, together with recommendations for amendments to this article. (d) The director shall have the authority to receive complaints or allegations concerning the operation of any heliport or helistop and to refer such matters to the appropriate city department or governmental agency for investigation and report. (e) The director shall adopt reasonable rules for the conduct of his duties under this article, to include procedures for hearings, appeals, and all other business conducted by the director. (f) The director shall be responsible for and maintain the minutes of license application hearings, including correspondence received and sent by the director. All minutes shall be public records, available for inspection by the public at all reasonable times in the presence of the director. (g) The director shall advise, consult and cooperate with the FAA regarding the location, siting, and regulation of heliports and helistops, as necessary. (h) The director may issue rules and opinions that are consistent with the purposes and requirements of this article to aid in the performance of his duties. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-327 Inspection of premises and structures.

Sec. 9-327. - Inspection of premises and structures. For the purpose of ensuring compliance with this article, the director shall inspect all licensed heliports or helistops at least once annually. The director may, at reasonable hours and after presenting proper identification to the licensee, enter upon, inspect, and examine the premises, including the buildings, of any heliport or helistop for which a license has been issued or for which an application for license has been submitted under the provisions of this article, or that is subject to the provisions of this article. The licensee shall provide the director with any flight records or other data that the director requires for the purposes of ensuring compliance with this article. In cases of emergency where extreme hazards are known to exist that may involve imminent injury to persons, loss of life, or severe property damage, and where the licensee is not available after the director has made a good faith effort to locate him, the director may enter the premises at any time upon presentation of proper identification to any other person on the premises. The director, when on private property, shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection. When the director is denied admission to inspect any premises, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection for violations of this article. It shall be unlawful to deny the director access to the premises after a warrant has been issued. Failure to admit the director shall be grounds for the suspension of the license. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-328 License renewal.

Sec. 9-328. - License renewal. (a) A helistop or heliport license granted under this article shall be renewable for an additional six-year term on or before the expiration date of the current license. (b) Each licensee desiring to renew his license shall make an application for renewal on forms provided by the director at least 60 days prior to the expiration date of the license. The application shall be accompanied with the following: (1) An declaration that complies with 1-11(a) of this code by the applicant, that the heliport or helistop will continue to comply with the terms and conditions of the original application, together with any such changes that have been approved in accordance with this article. (2) Payment of the deposit as set out in section 9-324 of this Code. (c) The director shall order inspections of the facility for compliance with the Construction and Fire Codes. After these inspections are completed, the license shall be renewed by the director without review, provided that: (1) All inspections are satisfactory; (2) No request for modification of the terms of the existing license regarding time of operation, frequency of operations, types of helicopters used, or relocation of touchdown pad has been submitted with the renewal; and (3) Director review of the renewal application is not required under subsection (d) of this section. (d) The director shall review the application for renewal and grant or deny such application under the following circumstances: (1) The facility failed to pass the Fire and Construction Code inspections as required by subsection (c) of this section; (2) The licensee has requested a modification of the terms and conditions of the original application pursuant to section 9-333 of this Code; or (3) The director has received notice of a dispute of any facts supporting the application for renewal. (e) The director shall issue a renewal of a license where he finds that the applicant is in compliance with the requirements of this article and has paid the full amount of the required fee. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-329 Suspension or revocation of license.

Sec. 9-329. - Suspension or revocation of license. (a) The director shall have authority to order the suspension or revocation of any license issued under this article for failure to comply with any provision of this article, the terms and conditions of the application and license, or for any false statements or misrepresentations made by the applicant in the application for a license. (b) Prior to the revocation or suspension of a license, the director shall notify the licensee in writing of the reasons for the proposed order of suspension or revocation and grant the licensee the opportunity to appear before the director at a time and place specified within the notice. Such hearing shall be held not less than five days after receipt of the notice by the licensee. Under extreme conditions where the director determines that life or property are threatened by the operation of the heliport or helistop, the director may suspend the license for up to ten days prior to a hearing being held. At the hearing the licensee shall be given an opportunity to argue why his license should not be suspended or revoked. At such hearing the director shall present the evidence supporting the charges against the licensee and the licensee may introduce any relevant evidence relating to the charges. If, after the hearing, the director finds that the license should be revoked or suspended, he shall, within five days, issue an order suspending or revoking such license. If the licensee fails to appear for the hearing as provided in this subsection, the order suspending or revoking his license shall become final upon its issuance by the director. (c) The licensee shall have the right to appeal an order of the director suspending or revoking a license to the General Appeals Board under Section 9-331. The filing of an appeal to the city council shall not have the effect of superseding or suspending the order of the director. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-330 Injunction.

Sec. 9-330. - Injunction. The city attorney may file a civil suit in a court of competent jurisdiction to enjoin the violation of any of the provisions of this article. This remedy shall be cumulative and in addition to any other penalty provisions. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-331 Appeal.

Sec. 9-331. - Appeal. (a) An applicant, licensee, or interested party to a decision of the director pertaining to the grant, denial, suspension, or revocation of a license may appeal the decision of the director to the general appeals board created under the Building Code by filing a written notice of appeal with the director within ten days after notice is given that a license has been denied. The general appeals board may require applicants to submit such documents as the board deems relevant to support the application and may dismiss any appeal from a decision of the director denying a permit if the applicant has not submitted the documentation required by the board. (b) An applicant, licensee, or interested party to a decision of the general appeals board, may appeal the decision of the board to city council as provided by Rule 12 of section 2-2 of this Code. Any interested party may make a written appeal to the city council by filing such appeal in the office of the city secretary within ten days after receipt of written notice containing the findings and decision of the board. The city secretary shall present the written appeal, together with the application, findings, decision and other documents or evidence received by the board, to the city council. Upon receipt thereof, the city council shall set a time and place for the disposition of such appeal and cause the city secretary to give notice thereof to the applicant and any other interested parties. (c) A decision of the city council shall be effective as of the date it is voted upon. Every decision of the city council shall be final. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-332 Maintenance.

Sec. 9-332. - Maintenance. All buildings, structures, or ground areas used as a heliport or helistop shall be maintained in a safe and sanitary condition. All equipment or machinery required by the Construction Code or the Fire Code for a building, structure, or ground level area when erected, altered, or repaired shall be maintained in good working order. The licensee shall be responsible for the maintenance of all buildings, structures, or ground areas used as landing areas by helicopters. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-333 Change in operation.

Sec. 9-333. - Change in operation. (a) Any change that affects or alters the terms and conditions of a heliport or helistop license pertaining to the time of operation, the frequency of operations, the type of helicopter used in such operations, or the relocation of the touchdown pad shall be submitted to the director for approval before such changes in the license are effective. (b) Any application to enlarge, modify, or otherwise substantially change the surface of the part of a heliport or helistop that is used or intended to be used for the landing or takeoff of a helicopter shall be submitted in writing to the director 30 days prior to the commencement of such alteration or change and shall not be commenced until written airspace determination and a letter of no objection has been obtained from the FAA and the director has been provided with a true copy of the FAA approval. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-334 Insurance.

Sec. 9-334. - Insurance. (a) The director shall not issue a license for any helistop or heliport unless the applicant has liability insurance in effect that covers the proposed operations of the applicant at the location specified in the application. The licensee shall annually provide proof of insurance to the director once a heliport or helistop license has been granted. Insurance for a temporary license shall be in effect for the entire duration of the temporary heliport or helistop's operations. (b) The minimum limit for public liability coverage maintained by the licensee shall be a combined single limit of liability for bodily injury and property damages of $5,000,000.00 per occurrence. (c) The insurance policy shall indemnify the city from all claims including, but not limited to, noise, nuisance, personal injury, death, or property damage arising from the use of the helistop or heliport facility, shall meet the requirements set forth in this section, and shall not be canceled without at least 30 days' written notice to the director. (d) Any cancellation or suspension of the applicant's insurance for a licensed heliport or helistop that results in a lapse of coverage of the heliport or helistop's operations shall constitute good cause for revocation of the license by the director. All insurance policies shall be issued by an insurance company duly authorized to do business in the state and maintaining an office or represented by an authorized agent in the state. (e) Proof of insurance shall be met by filing with the director any one of the following: (1) A certified original copy of the policy; (2) A photostatic copy of the policy; (3) An abstract of the original policy signed by the issuing company; or (4) A certificate of insurance, including the policy limits, attested to by the insurer. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015; Memorandum of 1-27-2016)

Houston Code of Ordinances § 9-335 Transferability.

Sec. 9-335. - Transferability. A license issued pursuant to the terms of this article may be sold, transferred, or assigned, provided that the licensee gives written notice to the director at least 30 days prior to any sale, transfer, or assignment, and further provided that such licensee is in compliance with the terms and conditions of the license. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-336 Existing heliports or helistops.

Sec. 9-336. - Existing heliports or helistops. (a) Any owner or operator of an existing heliport or helistop, as defined in this section, shall not be required to comply with the terms and conditions of this article until November 10, 2021, in order to provide a reasonable time for amortization of the investment in the heliport or helistop. This section shall not be construed as exempting an existing heliport or helistop from complying with all Fire and Construction Code provisions. (b) A heliport or helistop shall be considered to be existing if: (1) The heliport or helistop had a current valid license, other than a temporary license, from the city in effect on November 10, 2015; (2) The heliport or helistop had a properly-submitted application for renewal of a previously valid license, other than a temporary license, pending on November 10, 2015; or (3) The heliport or helistop was located in an area annexed to the city, the effective date of which annexation was on or after December 29, 1982, and was constructed, under construction, or in operation prior to such annexation and had a properly-submitted application for a license, other than a temporary license, pending on November 10, 2015. (c) Any owner or operator of an existing heliport or helistop as defined in this section shall make an application to the director for a special permit. The director shall grant the special permit upon finding the facility qualifies as an existing heliport or helistop under this section. Such permit shall, unless revoked, be valid for so long as the heliport or helistop remains in operation during the amortization period set out in this section. In the event that the permittee abandons or discontinues operation of the existing heliport or helistop, the special permit shall expire. (d) Additional investment may be made in an existing heliport or helistop during the amortization period upon notice to the director so long as the owner or operator of the existing heliport or helistop agrees that any investment shall not be subject to recoupment, be the basis for any extension of the amortization period, or enlarge or otherwise expand the number of monthly operations at the heliport or helistop. (e) If improvements upon any lot covered by this subsection are destroyed or damaged in excess of 50 percent of the value of the then-current city tax rolls as a result of fire, explosion, weather, or other act of God, then the improvement shall not be rebuilt or otherwise reconstructed. Nothing in this subsection shall be construed to prohibit the minor repair or routine maintenance of existing improvements. (f) By applying for a special permit under the provisions of this article, the applicant agrees that if a special permit is granted, the contents of the prior license or license application will become part of the special permit and that the special permit is granted subject to the applicant's compliance with the terms and conditions of the special permit. The applicant further agrees that failure to fully comply with the terms and conditions of the special permit as granted, and as from time to time altered or changed in accordance with this article, including but not limited to failure to comply with the approach and departure routes, shall be grounds for revocation of the special permit. (g) Any existing heliport or helistop entitled to a special permit under this article shall be restricted under this article only to the extent that: (1) The maximum number of monthly operations at the facility may not exceed the maximum number of monthly operations for which the facility was licensed on November 10, 2015 or, if the facility was not licensed at this time, may not exceed the maximum number of monthly operations listed in the license application for the facility; and (2) The types of helicopters using the facility may not be noisier types of helicopters than those listed in the license application for the facility. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-337 Expiration of amortization period; treatment of amortized facilities.

Sec. 9-337. - Expiration of amortization period; treatment of amortized facilities. Any provision of this article to the contrary notwithstanding, no existing heliport or helistop shall be deemed to be in violation of the requirements of this article subsequent to the expiration of the amortization period contained in section 9-336 until either the opening of a public use heliport with adequate facilities within two miles of the amortized heliport or helistop or November 10, 2025 whichever occurs first. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Houston Code of Ordinances § 9-338 Annexed areas.

Sec. 9-338. - Annexed areas. An owner or operator of a heliport or helistop located within territory annexed to the city subsequent to December 9, 1983, shall, within 60 days of the effective date of annexation, submit an application to the director for a license under the terms of this article. In the event that the applicant cannot meet the requirements of this article, then the applicant shall be required to obtain a special permit and shall have six years to comply with such requirements in order to provide a reasonable time for amortization of the investment in such heliport or helistop. Any such applicant shall be governed by the provisions of sections 9-336 and 9-337 of this Code. (Ord. No. 2015-1103, § 2(Exh. A), 11-10-2015)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH9AV_ARTVHEHEFetched: 10/26/2026