Jackson County Attorney Raymond Large was asked by commissioners to write an ordinance banning sightseeing helicopters, a move prompted by complaints from citizens in the Qualla community.

That ordinance and others dealing with wireless communication facilities and solid waste were all discussed when Jackson County commissioners met on Oct. 4.

Several members of the Qualla community, home of Great Smoky Mountain Helicopters, wanted to talk to the board about the sightseeing helicopter business and the ordinance currently being written to regulate the businesses.

As the board prepared to wrestle with the logistics of an ordinance to regulate the location of heliports, frequency, length, and number of flights, Commissioner Stacy Buchanan made a surprise motion.

“It’s clear the citizens don’t want that kind of nuisance,” Buchanan said. “Can’t we adopt an ordinance like Haywood County’s?”

Haywood County has an ordinance that prohibits sightseeing helicopters from operating in the county.
“I tend to agree. No one else would want to be as restrictive with these regulations as I would,” said Commissioner Roberta Crawford.

“That’s been my feeling from the very beginning,” said Commissioner Conrad Burrell.

Commissioner Franz Whitmire asked county attorney Raymond Large for information regarding the Haywood ordinance.

“They passed it over there and he [Great Smoky Mountain Helicopters] came over here,” Large said.
“The Haywood County ordinance is not complicated. It says it is illegal.”

Board Chairman Jay Denton, however, was concerned about an outright ban. He said the county’s citizens endure other nuisances.

“I’m afraid we’re going to set a precedent — when confronted by a crowd we will just jump up and pass an ordinance,” Denton said.

Buchanan made a motion that the board adopt an ordinance banning helicopter sightseeing enterprises in Jackson County. The motion passed 3-2 with Denton and Whitmire opposing.

Planning board chairman Jack Debnam presented commissioners with a “working draft” of a telecommunications ordinance. The ordinance was detailed and complex. Debnam said the planning board was present to be sure they were moving in the direction the commissioners wanted.

“You’re the final voice. We’ll work on anything you want,” Debnam told commissioners.

Gary Pennington, an attorney representing Crown Castle International — builders and operators of wireless infrastructure, — told commissioners the draft ordinance “has room for improvements.” He gave commissioners a list of the major grievances:

° The ordinance needs to be revised to deal with specific subject areas in specific headings.

° It does not define a clear standard for the board of review to utilize in deciding to approve an application. As such, the ordinance is vague, ambiguous and overly subjective.

° The policy of the ordinance will result in more communications towers being constructed due to the requirement to hide the facilities. This will result in a great increase in cost, carriers deciding not to provide coverage, or carriers increasing the price to the consumer.

Mark Jamison, a member of the planning board’s cell tower committee, acknowledged that the board simply wanted to get something in the commissioners’ hands so they could see the direction and intent .
“We think the scenic integrity of the region is important,” Jamison said. “We want to try and preserve that and follow federal law.”

A large part of the ordinance is modeled after an ordinance crafted by Albemarle County, Va. Sally Thomas, chairman of the Albemarle County Board of Supervisors, said that a recent victory in the 4th District Court of Appeals gave the county confidence to craft its ordinance.

Albemarle County was taken to court by 360 Communications in 1999 when it refused to permit construction of a tower on Dudley Mountain. The county stuck to its guns and appealed the case. The Fourth Circuit upheld the county’s decision.

“It was important for us to win that lawsuit,” Thomas said.

She said there are a lot of less intrusive designs. Providers claim they cost more, but citizens have been receptive to more aesthetic alternatives, she said.

Debnam recommended the county extend the current moratorium on wireless communication facilities and that the county consider contracting a consultant to administer any ordinance it adopted.

Commissioners granted the extension and scheduled a joint meeting with the planning board for Oct. 18 to review the proposal.

Commissioners also passed the first reading of its proposed solid waste ordinance and scheduled two public hearings. The first is at 5 p.m., Nov. 1, to consider the sight-seeing helicopter ordinance; the second at 6 p.m. the same day to discuss the solid waste ordinance.

 

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