7-15 CONDITIONAL USES: Professional filming

1. A temporary conditional use permit shall be required for professional filming to be performed in an area where the primary use is not that of an approved motion picture studio. The permit shall be issued to cover the entire time that film crews are working and may be issued on an annual basis. Exception, a professional filming permit, as identified by this section, is not required if the property is located on State or Federal land and the administering authority has a filming permit process already in place. Copies of approved permits and applications may be required to be submitted to the City Council as proof of proper permitting. 2. The permit shall be issued by the zoning administrator provided the applicant files an application with the appropriate fee, agrees in writing to the conditions and posts a $5,000.00 bond to ensure compliance with the permit’s conditions. The amount of the bond may be adjusted by the zoning administrator for the particular request. The bond shall not be released until each site has been inspected and remediation work has returned the site back to its original condition. 3. If the applicant requests Erda to provide services or equipment beyond that which is provided to the general public, or if the zoning administrator determines that those services or equipment should be provided to protect public health or safety, the applicant shall pay a fee sufficient to reimburse Erda for the costs of these services. 4. The permit shall not be approved if the filming will: (a) materially endanger the public health or safety; (b) substantially injure the value of the adjoining or abutting property; (c) not be compatible with the current land uses in the area which it is to be located; (d) place permanent structures without a building permit; (e) have hours of operation not compatible with the uses on property adjacent to the activity; (f) create noise or glare which disrupts the activities of adjacent land uses; (g) potentially create an amount of litter or property damage that the applicant cannot reasonably control or remove; or (h) create more traffic congestion than can be accommodated or that will interfere with the normal flow of traffic. (5) Structures left after completion of the filming of the site are considered and regulated as permanent and must pass all applicable building codes adopted by Erda for permanent structures. (6) The application shall show an operation plan which addresses: (a) dates of filming; (b) permits issued by the Utah Department of Transportation for use of state roads; (c) coordination and agreement from applicable state and local law enforcement agencies; (d) areas where filming will take place with a site plan showing: (i) parking for staff and crews; (ii) equipment and vehicle parking; (iii) service and production trailers; (iv) location and number of sleeping trailers; (v) site traffic patterns; and (vi) storage of pyrotechnics and explosives. (e) method of trash disposal; (f) vendor, location and number of restroom facilities; (g) hours of operation; (h) provisions and phone numbers for on- site security; (i) construction and demolition schedules and details for props and structures; and (ii) names, permanent addresses, office, cellular, and fax phone numbers, e-mail, dates of birth, and driver license numbers for persons responsible for the activity. (7) Prior to permit issuance, the zoning administrator shall have the site inspected and photographs taken. The zoning administrator shall notify the sheriff’s department, the local fire department and the health department. Those departments shall have 48 hours to respond to the notification. (8) Prior to releasing the bond, the zoning administrator shall have the site inspected and photographs taken to insure compliance with the permit. (9) If the conditions of the permit have been violated, the zoning administrator shall leave notice in writing on the property and mail a copy to the responsible party ordering that the site be properly mitigated to the conditions given in the permit. The zoning administrator shall give a 30- day notice to comply, unless in his opinion the violation endangers the health or safety of the public, in which case such time frame may be shortened. At the conclusion of the time to comply, the zoning administrator shall have the site re- inspected and photographs taken. If the site is not in compliance, the zoning administrator shall post a request for proposal for the cleanup of the site. (10) When the zoning administrator puts the cleanup of the site out to bid, he shall use those funds from the bond to accomplish that task in a timely manner. Any funds not used to mitigate the site shall be returned to the permittee. If the costs of the mitigation exceed the bond amount, the zoning administrator shall give an accounting of the costs to the permittee and the City attorney. The City attorney shall proceed with legal collection of the amount owed. (11) As a condition of the issuance of the permit, the applicant shall: (a) provide traffic control and obtain properly issued permits to ensure the safety of the public; (b) maintain all pyrotechnics in secured enclosures; (c) demolish all structures and remove all materials after completion of the filming; (d) provide restroom facilities for personnel, which shall be removed when filming is completed; (e) remediate any site disturbance and re- vegetate with plant materials indigenous to the area; and (f) obtain inspection by the zoning administrator, the health department, the sheriff’s office and the building inspector for compliance with the permit and local laws, regulations and ordinances. (12) Any stop order issued by any official or agency shall cause the operations of filming to cease immediately. (13) The applicant shall agree to conditions imposed by signing the following statement: “I (We as the applicants(s) for a professional filming conditional use permit, have read and do hereby agree to, and understand the above terms and conditions without reservation and place my/our signature below as an act of such agreement. It is further agreed and understood that should I (we) violate any of the above conditions; all operations shall be immediately suspended. This permit is issued specifically to the applicant for the land indicated in the application and is not transferable.”