HomeMy WebLinkAboutORD 07-011 ORDINANCE NO. 07-011
ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/4, ARTICLE II,
SECTIONS 21/4-23,21/4-24,SUBSECTION 21/4-26(a), SECTIONS 21/4-
27 AND 2 1/4-28 OF THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible,
and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current law and
court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 2 1/4,Article II, Section 2 1/4-23 be and the same is hereby amended
to read as follows:
SE:c. 2 1/4-23. Parking requirements.
Vehicle parking requirements for helistops or heliports shall be determined by the
City Manager or his designee. Typically, five (5) spaces per landing/takeoff area will be
desirable.
Section 2.
That Chapter 2 1/4, Article II, Section 2 1/4-24 be and the same is hereby amended
to read as follows:
SE:c. 2 1/4-24. Landing requirements for helicopters.
Helicopters shall land only at established heliports and helistops within the city,
unless such landing is for law enforcement or 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.
Section 3.
That Chapter 2 1/4, Article II, Subsection 2 1/4-26(a) be and the same is hereby
amended to read as follows:
SE:c. 2 1/4-26. Same--Application, contents, additional information.
(a) Application process; contents. Applications for specific use permits for heliports or
helistops shall be submitted to the City Manager or his designee and subject to all
requirements and conditions of specific use permits as established in section 30-
26(e)of this Code.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 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 fro m an engineer currently registered by the state
shall be required, stating that the proposed landing area is structurally
adequate for operation as a heliport or helistop.
(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.
Section 4.
That Chapter 2 1/4,Article 11, Section 2 1/4-27 be and the same is hereby amended
to read as follows:
Sec. 2 1/4-27. Same--Revocation; show cause notice; appeals; hearing.
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 City Manager or his designee may, at anytime,
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 ten (10) days from the date of same. On or before
the expiration of the ten-day period, the permittee or the person in control of the operation
and maintenance of the facility may file a written appeal with the City Manager or his
designee, 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 or 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 5.
That Chapter 2 1/4,Article II, Section 2 1/4-28 be and the same is hereby amended
to read as follows:
Sec. 2 1/4-28. Violation of article; penalties.
Except as otherwise provided by this section if it is 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 ($100.00), nor more than five hundred dollars ($500.00). Upon a second
conviction for a violation of this article,the defendant shall be punished by a fine of not less
than five hundred dollars ($500.00).
Section 6.
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 7.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 8.
That any person who violates any provision of this ordinance shall, upon conviction
bE: punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 6th day of
February, 2007.
___��� o �\ - Mayor Guy N. Goodson -
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