ZONING ORDINANCE AMENDMENT - Dripping Springs, Texas · 2017-10-10 · ZONING ORDINANCE AMENDMENT ORDINANCE NO. 1220.140 ... Dripping Springs Planning and Zoning Commission on March

CITY OF DRIPPING SPRINGS

ZONING ORDINANCE AMENDMENT

ORDINANCE NO. 1220.140

AN ORDINANCE OF THE CITY OF DRIPPING SPRINGS AMENDING CHAPTER 30 TO CREATE ARTICLE 30.06; AMENDING EXHIBIT ·A, APPENDIX E: ZONING USE REGULATIONS (CHARTS) AMENDING PERMITTED USE PROVISIONS FOR DISTRICTS ZONED AS INDUSTRIAL, GOVERNMENTAL, INSTITUTIONAL, AND UTILITY DISTRICTS RELATED TO USES INCLUDING HELICOPTERS AND HELIPORTS; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; ENACTMENT; REPEALER; SEVERABILITY; CODIFICATION; EFFECTIVE DATE; AND PROPER NOTICE & MEETING.

WHEREAS, the City Council seeks to provide procedures and standards for regulating the use of helicopters on land within the city limits; and

WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, a city may establish zoning regulations for the purpose of promoting the public health, safety, morals, or general welfare; and

WHEREAS, the City has found the regulation of helicopter operations to be in the best interest of promoting public health and safety; and

WHEREAS, the proposed zoning amendment has been reviewed by City staff, including the City's Land Planner, with the consensus being that the proposed changes are consistent with best planning practices and consistent with the Comprehensive Plan; and

WHEREAS, after notice and hearing required by law, a public hearing was held before the Dripping Springs Planning and Zoning Commission on March 28, 2017 to consider the proposed amendment and the Planning and Zoning Commission recommended approval of the proposed change; and

WHEREAS, after public hearing held by the City Council on April 11, 2017, the City Council voted to accept the recommendation of the Planning and Zoning Commission; and

WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or policy regulation that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and

WHEREAS, the City Council finds that it is necessary and proper for the good government, peace or order of the City of Dripping Springs to adopt an ordinance regulating land use.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DRIPPING SPRINGS, TEXAS, THAT:

1. FINDINGS OF FACT

The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein.

2. ENACTMENT

Chapter 30, Article 30.06 and Chapter 30, Exhibit A, Appendix E: Zoning Use Regulations (Charts) of the Dripping Springs Code of Ordinances are hereby amended to read in accordance with Attachment A and Attachment B which are attached hereto and incorporated into this Ordinance and the City Code for all intents and purposes.

3. REPEALER

All ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein.

4. SEVERABILITY

Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance.

5. CODIFICATION

The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code.

6. EFFECTIVE DATE

This Ordinance shall be effective immediately upon passage and publication.

City of Dripping Springs Ordinance No. 1220.140

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7. PROPER NOTICE & MEETING

It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code.

PASSED & APPROVED this, the 11th day of April, 2017, by a vote of 4 (ayes) to 1 (nays) to 0 (abstentions) of the City Council of Dripping Springs, Texas.


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City of Dripping Springs

CODE OF ORDINANCES

CHAPTER 30: ZONING

ARTICLE 30.06 HELICOPTERS

Division 1. Generally

Sec. 30.06.001 Popular name

Attacl,ment ''A"

This article may be commonly referred to as the "heliport and helistop ordinance."

Sec. 30.06.002 Purpose

This article is adopted so that the city council may enact appropriate administrative and regulatory rules for the locations of heliports, helistops, and use of helicopters for emergency purposes.

Sec. 30.06.003 Scope of iurisdiction

All of the provisions of this article shall apply within the city limits (i.e., incomorated municipal boundary) of the City of Dripping Springs.

Sec. 30.06.004 Effective date and duration

This article shall take effect immediately upon publication following the passage of this article.

Sec. 30.06.005 Zoning Districts

Heliports and helistops are permitted only in GUI-Government/Utility/Institutional Districts and I-Industrial upon granting of a license as set forth in this article.

Sec. 30.06.006 Definitions

City. The City of Dripping Springs, a municipality located in Hays County, Texas.



City limits. The incorporated municipal boundary of the city.

FAA. Federal Aviation Administration or its successor agency.

Helicopter. 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. An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities. Such an area may include passenger, cargo, maintenance and overhaul facilities, plus fueling service, storage space, tie-down area, hangars, and other accessory buildings and open space.

He/istop. The same as a heliport, except that no refueling, maintenance, repairs, or storage of helicopters is permitted. A helistop may be at ground level or elevated on a structure.

Emergency operations. Any operation where a helicopter has been authorized or directed to land to administer aid or perform an emergency evacuation or other operations during emergency conditions.

Medical evacuation. Any operation where a helicopter has been authorized or directed to land to administer medical aid or perform a medical evacuation.

Operation. The takeoff, flight, and landing by a helicopter. A touch and go movement is counted as one operation.

Plot plan. A graphic depiction or drawing of a planned area, either on the roof of a building or on the ground, which 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, the designation of an approach and takeoff zone, any proposed structures or accessory equipment, fire protection equipment, communication signs, patron and employee parking area, maintenance and fuel area, and any other details, if any, required under the building code, the fire code or this chapter.

Site plan. 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.

Sec. 30.06.007 Landings and takeoffs prohibited



(a) It is an offense for any person to cause any helicopter to take off or land within the city at any point, except at heliports or helistops duly licensed under the terms and procedures specified in this article. The owner of any helicopter violating the terms and provisions of this section or any other provisions of this article is deemed and presumed to be the operator of the helicopter at the time of any violation. If the owner of the helicopter is a corporate entity, the entity may also be deemed in violation of this provision. If an owner of a helicopter consents to or permits the operation of a helicopter in violation of the terms and provisions of this section, the owner shall also be deemed in violation of this section.

(b) Helicopters operating as part of a medical evacuation or emergency operation are exempt from this section.

Sec. 30.06.008 Location of heliports and helistops

(a) A heliport or helistop cannot be located closer than 750 feet to a church, school or residence. All measurements will be taken in a straight line horizontally from the center of the touchdown pad of the heliport or helistop to the property line for the church, school or residence. If a helistop is to be located on a building, the measurement shall be the number of feet from a point on ground level where a vertical line from the center of the heliport strikes the ground to the property line of a church, school or residence.

(b) Any heliport or helistop that is licensed under this article, shall not be in violation of this article or its license or be prohibited from subsequently being granted a license due to subsequent changes in land use, construction, or placement of a church, school or residence within 750 feet of the location of such licensed heliport or helistop.

(c) The landing area for all heliports and helistops shall be fenced in such a manner as to keep the public out of the landing area, and the operator shall be obligated to maintain rigid control of the same so as to prevent persons from coming upon the landing area during operations.

Sec. 30.06.009 License required

It is an offense 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 provisions of this article.

Sec. 30.06.010 Exemptions

None of the provisions of this article shall be applicable to any facility owned or operated by the government of a political subdivision, state, or federal government or any department, or agency of the state or federal government.

Sec. 30.06.011 Application for license

(a) Form and contents. An application for a heliport or helistop license shall be submitted in such form as the city administrator or designee may prescribe and shall be accompanied by drawings,



descriptive data, and inspection reports to verify compliance with this article, the building code, fire code, and any other applicable city, state, or federal requirement. The city administrator 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)

(2)

A site plan;

A plot plan;

FAA letter of airspace determination; (3)

(4)

(5)

FAA statement of no objection to approach and departure routes;

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) An approval from the department of development and public works affirming that all building code and fire code requirements are met or will be when construction of the heliport or helistop is complete based on review of the site plan and construction plans.

(b) Oath. Every application for license must be executed under oath by the owner of the premises upon which the heliport or helistop is to be constructed, or the authorized lessee of such premises, that the proposed facility is authorized to be constructed or to be hereafter maintained on the premises, and must contain the sworn affidavit of the owner or lessee that the proposed facility does not violate any city's ordinances or deed restrictions or other similar restrictions applicable to the property.

(c) Public notices:

(l) The applicant must post a weather-resistant sign provided by the city, in a form as prescribed by the city, on the ground facing the most traveled street at the prospective location of the heliport or helistop and shall remain on the property until final disposition of the application is determine. The applicant must file an affidavit of posting with the city, which must set out the date of posting. place of posting, and a statement as to the continuous period of time that said sign has been in place.

(2) The P&Z Commission shall hold at least one public hearing on the application once the application is administratively complete and after the notice requirements in this section are met.

(3) Notice of the P&Z Commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th day before the date of the hearing date of the public hearing.

(4) Written notice of the public hearing to occur before the P&Z Commission shall also be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the 10th day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.


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(e) Action by P&Zlcity council.

(1) The P&Z shall review the application and shall recommend approval, approval subject to certain conditions, or disapproval of the application. If the P &Z recommends approval, with or without conditions, of the plan, then it shall be forwarded to the city council for consideration. If the P &Z recommends disapproval of the application, the applicant can bring the application to the city council by notifying the city and requesting forwarding of the application to city council within fourteen (14) days of the P&Z's recommendation.

(2) The city council shall consider the application at a public meeting following receipt of a determination by the P &Z.

(t) 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 shall 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. A license granted under this article is valid for a period of ten years and may be renewed.

(d) Fees. An application for a helistop or heliport shall be accompanied by a fee in the same amount as that required for a conditional use permit as shown in the fee schedule adopted by the city.

Sec. 30.06.012 License renewal

(a) A helistop or heliport license granted under the provisions of this article may be renewed for an additional ten-year term on or before the expiration date of the current license, for the fee current at that time. Each licensee desiring to renew a license must make application on forms provided by the city at least 60 days prior to the expiration date of the license. The application must be accompanied by an affidavit, sworn to by the applicant, that it shall 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.

(b) The city administrator shall review the application for renewal and, following an inspection, shall grant or deny the application. If the city administrator denies the application for renewal the applicant may appeal the decision to the board of adjustment as allowed under section 2.25, Chapter 30, Exhibit A, Appeals to the BOA.

{c) The city shall issue a renewal license where it finds that the applicant is in compliance with the requirements of this article and has paid the full amount of the required fees.

Sec. 30.06.013 Suspension or revocation of license

{a) The city administrator may order the suspension or revocation of any license issued hereunder for failure to comply with the provisions of this article or other 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 hereunder.

(b) Prior to revocation or suspension of a license, the city shall notify the licensee in writing of reasons for the proposed order of suspension or revocation and grant such licensee the opportunity to appear before the city council at a time and place specified within such notice. Such hearing shall be held not less than five days after receipt of such notice by the licensee. Under extreme conditions where the city council determines that life and property are threatened by the operation of the heliport or helistop, the city council may suspend the license for up to five days prior to the hearing being held. At the hearing, the licensee shall be afforded an opportunity to show cause why such license should not be suspended or revoked. At such hearing, the licensee shall be confronted with any evidence supporting the charges against him and may introduce evidence relating to such charges. If, after the hearing, the city council finds that the license should be revoked or suspended, it shall, within ten days, issue an order suspending or revoking such license. If the licensee fails to appear for the hearing as provided herein, the order suspending or revoking the license shall become final upon its issuance.

Sec. 30.06.014 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 city administrator 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.

Sec. 30.06.015 Enforcement

(a) Civil and criminal penalties. The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.

(b) Criminal offense.

(1) It is a criminal offense to land a helicopter outside of a heliport or helistop, unless for emergency operations, and to operate a helistop or heliport in violation of this article.

(2) Per section 6.02(b) of the Texas Penal Code, an offense under this article is a strict liability offense requiring no showing of a culpable mental state.

(3) An offense under this article is a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00).

(c} Civil remedies. Nothing in this article shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;



(2) A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and

(3) Other available relief.

Attachment "B"

CHAPTER 30: ZONING EXHIBIT A: ZONING ORDINANCE

APPENDIX E: ZONING USE REGULATIONS (CHARTS)

Amend the chart to include the following:

Residential Uses Nonresidential Uses Transportation SF- SF- SF- MF-& Auto Services AG SF-1 2 4 5 l 0 LR GR cs HO I GUI

Heli(!Ort E E

Helistog E E

PR PP


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\ r

San Marcos Publishing, LP Wimberley View • Century News

P.O. Box 49, Wimberley, Texas 78676 {512) 847-2202 Received

APR 21 2017 City of Dripping S .

Pnngs State of Texas County of Hays

Before me, the undersigned authority, on this day personally appeared Dalton Sweat, who being by me here and now duly sworn , upon oath says:

My name is Dalton Sweat, and I am the General Manager, of the The Wimberley View & The Dripping Springs Century News, a newspaper of general circulation in Hays County, Texas, and a newspaper which has been regularly and continuously published in Wimberley, Hays County, Texas, for a period of more than one year immediately preceding the date of publications of the following , and that the said

rotice, a copy of which follows, was published in the regular edition of said newspaper for a period of _ lye_u(.. on the following dates:

QpAJ 2 D, 2017 I

________ 2017

________ 2017

_______ 2017

The said General Manager, Dalton Sweat further states that the rate charged for this publication is the lowest rate charged to commercial advertisers for the same class as advertising for a like amount of space.

Signature of Affiant

·q1( Su~,r~d and Sworn to me, by the said General Manager Dalton Sweat this / day of ~ , 2017 to certify which witness my hand and seal of office.

Y:i\_a:cwn(l) "&JM. NOTARY PUB fCin and for

Hays County, Texas

T HE DRIPPING SPRINGS CENTURY NEWS • Dripping Springs, TX. • Thursday, April 20, 2017

7Bripptng ~prtngs

S FIE Public Notice

Public Notice

PUBLIC NOTICE

Ordinance number 1220.140 was adopted on April 11, 2017 by the City Council of the City of Dripping Springs

as follows:

AN ORDINANCE OF THE CITY OF DRIPPING SPRINGS AMENDING CHAPTER 30 TO CREATE ARTICLE 30.06; AMENDING EXHIBIT A, APPENDIX E: ZONING USE REGULATIONS (CHARTS) AMENDING PERMITTED USE PROVISIONS FOR DISTRICTS ZONED AS INDUSTRIAL, GOVERNMENTAL, INSTITUTIONAL, AND UTILITY DISTRICTS RELATED TO USES INCLUDING HELICOPTERS AND HELIPORTS; AND PROVIDING FOR THE FOLLOWING: CIVIL AND CRIMINAL PENALTIES; FIND-INGS OF FACT; ENACTMENT; RE-PEALER: SEVERABILITY; CODIFICA-TION; EFFECTIVE DATE; AND PROPER NOTICE & MEETING.

This ordinance shall be effective upon publication.

Documents

ZONING ORDINANCE AMENDMENT - Dripping Springs, Texas · 2017-10-10 · ZONING ORDINANCE AMENDMENT ORDINANCE NO. 1220.140 ... Dripping Springs Planning and Zoning Commission on March