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HomeMy WebLinkAboutORD 86-90 ORDINANCE NO. - � ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW ARTICLE V, SECTION 26-100 CONCERNING HELICOPTERS; PROVIDING FOR SEVE RABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Article V - Helicopters, be, and the same is hereby, added to the Code of Ordinances of the City of Beaumont to read as follows: Section 26-100: (a) No person shall own, control, or operate any landing field of any kind within the City without first securing written authorization from the City of Beaumont. (b) Continuing existing facilities. Except as hereinafter specified, heliport and helistop facilities lawfully existing on the effective date of this ordinance may be continued. (c) Definitions. (1 ) Helicopter: An aircraft used for the transportation of persons or materials and whose support in the air is derived chiefly from the aerodynamic forces on engine-driven airfoil blades rotating around a vertical axis. (2 ) Heliport: Any area which is used, or intended for use, for the landing and take-off of helicopters, and any appurtenant areas including buildings or other facilities for activities such as refueling, parking, storage, maintenance, and repair of helicopters. (3 ) Helistop: An area used, or intended for use, for the landing, boarding, and taking-off of helicopters, which does not have facilities for such activities as refueling, storage, maintenance, or repair of helicopters. (4) Private Heliports or Helistops: Private heliports or helistops are those which restrict usage to the owner or operator or to persons authorized by the owner or operator to land. (5 ) Public Heliports or Helistops: Public heliports or helistops are those open to the general public and not requiring prior permission of the owner or operator to land. (6 ) Temporary Helistops: A ground level area that is intended to be used on a temporary basis as a helistop. Temporary helistops shall be granted for a period of no longer than thirty (30) days. 2 - Q44t;l '� (d) It is the intent of the City of Beaumont to provide for helicopter operations in a manner which provides for the health, safety, and welfare of the public. Establishment of heliports or helistops shall be by specific use permit only, except when developed by the City of Beaumont on property owned by the City of Beaumont. The City Council of the City of Beaumont may require information or conditions necessary to protect the public interest in the application for or operation of heliports or helistops . (e) Vehicle parking requirements for helistops or heliports shall be determined by the Director of Transportation. Typically, five (5) spaces per landing/take-off area will be desirable. (f) Helicopters shall land only at established heliports and helistops within the City of Beaumont, unless such land is for emergency purposes. Emergencies shall include conditions in which life, health, or property is in danger or may be in danger. All flight operations shall be conducted in accordance with current Federal Aviation Administration rules and regulations. (g) Applications for specific use permits for heliports or helistops shall be submitted to the Director of Planning and Economic Development and subject to all 3 - requirements and conditions of specific use permits as established in Section 30-26(e) of the Code of Ordinances of the City of Beaumont. Applications shall also include, but not be limited to, the following information: (1 ) The name, address, and telephone number of the applicant(s) . (2 ) The name, address, and telephone number of the property owner's) , along with signed approval of the owner or owner' s representative for such application. (3 ) The location, size, and facilities to be provided at the proposed site. (4) A copy of preliminary approval from the Federal Aviation Administration that the area may be operated as a heliport or helistop. This information shall include the "Notice of Landing Area Proposal" , a letter of no objection from the Federal Aviation Administration, and a copy of all information provided to the Federal Aviation Administration. (5 ) The anticipated number of takeoffs and landings anticipated, along with variations and anticipated development and activity increases 4 - in the future. Aircraft types and the proposed purpose of the facility shall be included. (6 ) The proposed days and hours of operation. (7 ) Proposed fire protection. (8 ) An analysis and calculation details related to potential noise impacts. (9) Where landing areas are on structures, or buildings or not at ground level, certification from an engineer currently registered by the State of Texas shall be required stating that the proposed landing area is structurally adequate for operation as a heliport or h elistop. (10) A detailed description of potential impacts on adjacent lands and provisions for alleviating impacts, including such items as buffer zones, security, public access, and flight safety. (h) The City Council shall consider the information provided and reserves the right to require additional information or grant approval subject to specific conditions and requirements necessary to protect the public interest. Such conditions and requirements may include provisions related to minimum altitudes, traffic patterns, approach routes, and a time limit for operation of the area as a heliport or helistop. 5 - (i) Applications for temporary helistops shall include the requirements and potential restrictions of heliports an dhelistops. Approval of a temporary helistop shall be based upon the successful compliance with all of the conditions provided in Section 30-26(e) of the Code of Ordinances of the City of Beaumont. The responsibility for the issuance of the temporary helistop permit shall be with the City Manager or his designee. ( j ) All applications for heliports or helistops should allow at least thirty ( 30) days for review and consideration by the City of Beaumont. Failure to provide the minimum review period may be sufficient reason for denial. (k) If a heliport or helistop is not operated in accordance with the laws of the United States, the State of Texas, the ordinances of the City of Beaumont, or conditions or requirements of the specific use permit, the Director of Planning and Economic Development may, at any time, give notice, in writing, to the licensee or other person in control of the operation and maintenance of such facility, to show cause why the permission issued for the operation should not be revoked and cancelled. Such notice to show cause shall become effective as a cancellation after the expiration of 6 - ten (10) days from the date of same. On or before the expiration of the ten ( 10) day period, the permittee or the person in control of the operation and maintenance of the facility, may file a written appeal with the Director of Planning and Economic Development in which it is requested that the City Council grant a hearing upon the question of whether or not the permit issued by the City shall be cancelled and revoked. Such appeal shall operate as a stay or postponement of such revocation and cancellation of the permit until such time as the City Council shall grant a hearing and make a final determination. Such hearing shall be held within thirty ( 30) days after the date of filing of such appeal. The action of the City Council, after hearing the evidence and facts, shall be final and conclusive to all parties. Section 2 . Except as otherwise provided by this section, if it be shown that a person has violated this article, upon conviction, the defendant shall be punished by a fine of not less than One Hundred Dollars ( $100) nor more than Two Hundred Dollars ($200) . Upon a second conviction for a violation of this article, the defendant shall be punished by a fine of not less than Two Hundred Dollars ($200) . - 7 - Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of (��'r��i�� 1986. Mayor - 8 -