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HomeMy WebLinkAboutORDINANCE NO. 11-06-99 RZ11-06STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-06-99 RZ11-06 AN ORDINANCE TO CREATE SECTION 64-1616 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) FOR AN ADMINISTRATIVE USE PERMIT FOR MEDIA PRODUCTIONS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 20, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates creating an administrative use permit, Section 64- 1616 of the City of Milton Zoning Ordinance as it pertains to media productions, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 201h day of June, 2011. Attest: Sudie AM Gordon, City Clerk Joe L ood, Mayor Page 1 of 6 STATE OF GEORGIA ORDINANCE NO. 11-06-99 COUNTY OF FULTON RZ11-06 Ma" I Sec. 64-1616. —Permits for Media productions. As applicable, media productions are subject to the requirements of all city departments, such as on" As medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Applicability. This permit is required for all proposed media productions in the City of Milton not held in an otherwise licensed facility and are intended to be closed to participation from the public. This permit includes, but is not limited to, television or video series, movie, television or video pilots, commercials, feature film, professional photo stills and shoots, music videos, student films, infomercials, public service announcements, and documentaries, where the final work product is to be used for commercial purposes. (2) Required Districts. This permit is allowed with conditions in all zoning districts of the City of Milton. (3) Permit Types. Two classifications of media production permits are allowed: a. Low impact activities - which are generally those activities that have a limited duration of no more than fourteen days with little or no disruption to common adjacent and nearby uses. See additional requirements within section 64-1616 for further description. b. High impact activities - which are generally those activities that have a duration of fifteen or more days and/or do not comply with the low impact activity standards set forth in this Section. The filming of high-speed crashes or chases, pyrotechnics or explosives or the use of aircraft, and similar actions are examples of high impact comm activities including any production activity disrupting normal and customary use of the site or adjacent or nearby properties. See additional requirements within section 64- 1616 for further description. (4) General standards. In addition to all other applicable codes, permitted activities must abide by the following: a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. b. No temporary sanitary facilities may be located on or within 10 feet of a storm drainage structure. c. Without written consent of the effected property owner or current resident, no tent, table or other temporary structure shall be located within 250 feet of a residential structure. i. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. Such building permit shall be issued and approved separately. ii. All tents and temporary structures are subject to all local and state codes and further subject to approval of the fire and building departments. d. Limited sales from vehicles are allowed with approval of the community development director. e. Lighting for filming, both during daylight and nighttime hours, should be oriented away from neighboring residences wherever possible and should not interfere with the safe movement of traffic. All permanent and temporary lighting shall comply with Sec 64- 185 of the Milton Code of Ordinances. Limited exceptions may be made at the discretion of the community development director. 00-0 f. Temporary signage may be allowed at the discretion of the community development director. Page 2 of 6 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-06-99 RZ11-06 won" g. Production companies are responsible for cleaning and restoring locations used, including public and private lands, to their original condition, with a minimum amount """ of noise and disruption. All clean up and restoration activities shall be completed within 60 days of completion of the permitted activities. Inspection of appropriate restoration will be conducted by the community development department. h. No modification of any street sign, street light, traffic signal or other traffic control device shall be permitted without written approval from the Public Works Director or his/her designee. i. No road or lane closures shall be permitted without approval of the public works director. j. No modifications or alterations to the right-of-way shall be permitted unless expressly identified in the permit application. Any modification or alteration of the right-of-way, whether that activity is permitted or not, shall be returned to a condition which is better than or equal to what existed prior to the activity. That determination shall be made by the Public Works Department. k. Credit shall be noted to the City of Milton, Georgia for all permits required. (5) Low impact activity Standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a Low impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the Community Development director to minimize anticipated adverse effects or other objectionable uses. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with no" appropriate documentation. An application for said permit shall be made no less than 5 business days prior to the event. Said permit must be available on site to city NNW personnel upon demand. b. No interruption in pedestrian traffic flow is allowed. c. No more than five on -street parking spaces in a commercial or office zoning district. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. f. The hours of operation shall be 7:30 am to 10:00 pm every day. All preparation and wrap up activities shall be completed within % hour of this time frame and shall not violate the noise ordinance limitation as stated in Sect. 20-681.1. g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per Sect. 20-681.2 for periods between 7:30 am and 10:00 pm. h. No equipment, vehicle, display or other activity shall block access to a public facility such as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. Page 3 of 6 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-06-99 RZ11-06 00"■ (6) High impact activity standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a high impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions ob" may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. These activities may require the onsite placement of the fire rescue department personnel and/or equipment based on the scope of the proposed production. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An application for said permit shall be made no less than 10 business days prior to the event. Said permit must be available on site to city personnel upon demand. b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the approval of the public works director or his/her designee. c. No more than 10 on -street parking spaces may be used in a commercial or office zoning district per day. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. omm f. The hours of operation shall be 7:30 am to 10:00 pm, everyday. Any activity to occur between the hours of 10:00 pm and 7:30 am must have completed permit waivers yr„ from at least 95% of current residents or property owners/business owners within 500 feet of the location prior to commencing activity at the location during evening or morning hours. g. All preparation and wrap up activities shall be completed within '/2 hour of the time frames as set above in f and shall not violate the noise ordinance limitation as stated in Sect. 20-681.1 without completing a permit waiver from at least 80% of current residents or property owners/business owners within 1000 feet of the location. h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per Sect. 20-681.2 for periods between 7:30 am and 10:00 pm. i. No equipment, vehicle, display or other activity shall block access to a public facility such as a mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. j. Based on the proposed scope of the production activity and in consideration of any potential danger to the safety of the community, the Police Chief and/or the Fire Chief may require personnel and/or equipment to be placed on standby for portions of the high impact activity at the expense of the applicant. The applicant shall contact the Chief of Police for approval if any of the following are included in the production: pyrotechnics, demolition, firearms discharge, high speed chases, or physical stunts. WPM (7) Applications. All applications shall be submitted to the Milton Community Development Department for review and approval by the Director or his/her designee. The applications shall include the following information at a minimum and shall not be deemed complete until all *me include information is received. Page 4 of 6 STATE OF GEORGIA ORDINANCE NO. 11-06-99 COUNTY OF FULTON RZ11-06 OMMM a. Two copies of a completed application form prepared by the Community development department with original signatures of the applicant. A property owner's affidavit will also be required with original signatures. b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from each site('s) property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns, and address numbers of locations to be used. c. In addition, two copies of aerial imagery shall be included which locate the proposed site(s) to be used as well as adjoining residential structures. d. Proposed location (mapped) , length of road closure, and timing of traffic interruption (by date and time) of any public right-of-way. A traffic management plan in accordance with the MUTCD, current edition will be required as necessary for any closure or traffic interruption per the public works director. e. Signed hold harmless agreement to the benefit of City of Milton. f. Signed agreement to provide a certificate of insurance with the City of Milton as additional insured until the activity is completed. g. Other information as required by the community development director to provide insight to the proposed extent and intensity of the use. OEM (8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as Now necessary to facilitate receipt of all required information. All permits will be approved or denied within 5 business days of receipt of the completed low impact activity application or within 10 business days of receipt of a completed high impact activity application. a. Restrictions. Restrictions may be placed on certain applications for use of city property or in the vicinity of city property/city sponsored events such that service and protection to the public is not impaired including, but not limited to the following: i. The City of Milton reserves the right to refuse access to City property on the grounds of prior reference examination and portrayal of the City in the content of the project. ii. Removal, cutting or trimming of vegetation in the public right-of-way or on public property is prohibited unless specifically approved and limited by the permit. iii. Activity may not be allowed in locations near the area of a city -sponsored event if there is an anticipated conflict with the city's event. b. Variations from the approved scope of work included in the permit application may be grounds for immediate revocation. c. Fees. Applicants will be charged a fee for processing, as established by the City of Milton Mayor and Council. Services for which a fee has not been established will be charged on the basis of time, equipment, and material. Fees for filming applications will be charged according to Appendix A of the Milton Code of Ordinances. Page 5 of 6 STATE OF GEORGIA ORDINANCE NO. 11-06-99 COUNTY OF FULTON RZ11-06 i. Additional fees for the monitoring of public safety will be charged separately by the appropriate departments based on a labor, time and equipment necessary to provide the public service. ii. Street closures shall incur a fee based on the city value of time, materials, and equipment used/requested by the applicant. iii. Permits for tents and other building and structural inspections will by charged separately by the appropriate departments. iv. Rental of City Facilities will be charged on a per use basis as set out by the City Parks and Recreation Department. v. Late request applications will be charged an additional fee per day for each day less than the minimum number of processing days required as stated in sections 1616.5.a and 1616.6.a. vi. Processing fees and charges for use of City services or facilities may be reduced or waived for charitable and non-profit organizations which qualify under Section 501.c.3 of the IRS Code and for City agencies if substantial reward will be provided to the City of Milton at the discretion of the City Manager. (9) Permit Waivers. Waivers may be required in the likelihood the proposed production will have a negative effect(s) on adjacent business or residents. a. Waivers shall be signed by current residents, property owners, and/or business owners as determined by the community development director. b. Waivers will be provided on a form set out by the Community development department. Page 6 of 6