(a) Definitions relating to regulations associated with electric vehicle charging stations, solar energy systems, wind energy systems, wireless telecommunications facilities, small cell facilities, landscaping, and historic preservation may be found in Sections: 1131.06(a), 1131.17(i); 1131.21(i); 1133.02; 1135.02; 1147.19; and 1169.06, respectively.
(b) For the purposes of this Zoning Ordinance, certain words and terms are defined as follows:
(1) “Accessory building” means a subordinate building which is customarily incidental to and located on the same lot as the main or principal building, such as a detached garage or utility building located in a residential district.
(2) “Accessory use” means a use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use or building.
(3) “Administrative appeal” means an appeal to the Board of Zoning Appeals alleging that the City Zoning Inspector or an authorized representative has errored in administration or enforcement of this Zoning Ordinance. An appeal may be filed by any person or any official of the City of Fremont aggrieved by the decision of the Zoning Inspector or the authorized representative in order to determine if the decision was in conformance with this Zoning Ordinance.
(4) "Agricultural livestock" means animals raised for use or profit such as, but not limited to, the following animals commonly associated with local agriculture: horses, cattle, sheep, goats, chickens and hogs.
(5) "Alteration", as applied to a building or structure, means any change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side, or by an increase in height, or the moving of such building or structure from one location or position to another.
(6) "Apartment" means a building comprised of individual dwelling units.
(7) "Basement" means that portion of a building the floor of which is not less than two (2) feet below grade and the ceiling of which is not less than four (4) feet and six (6) inches above grade.
(8) “Block” means a plot of land which is bounded on all its sides by public streets or places.
(9) "Board of Zoning Appeals" means the Board of Zoning Appeals of the City of Fremont, Ohio.
(10) "Building" means a combination of materials to form a construction that is safe and stable, adapted to permanent or continuous occupancy by public, residence, business, assembly or storage purposes. The term "building" shall be construed as if followed by the words "or part thereof".
(11) "Building, attached" means a building that is structurally connected to the principal building, including connections by a roofed, enclosed passageway.
(12) "Building area" means the portion of a lot that can be used for the erection of buildings excluding easements and setbacks.
(13) “Building line” means a line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from the said right-of-way
(14) "Building, principal" means a building, including an attached garage, in which is conducted the main or principal use of the lot on which such building is situated.
(15) "Bulk" means the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.
(16) "Business" means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise, or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or service.
(17) "Car port" means a partially enclosed structure, usually attached to the primary building and designed to house motor vehicles. A permit is required to totally enclose this structure even if a permit was obtained for the car port
(18) "Cellar" means that portion of a building the ceiling of which is entirely below or less than four (4) feet and six (6) inches above grade.
(19) "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives and policies of the community and includes the official land use plan, the official thoroughfare plan, the community facilities plan, and the open space plan for the City of Fremont.
(20) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.
(21) "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district. See Chapter 1163: Conditional Permitted Uses, for approval procedure.
(22) “Condominium Property” means land, all buildings, improvements, and structures on the land, all easements, rights, and appurtenances belonging to the land, and all articles of personal property submitted to the provisions of Chapter 5311 of the Ohio Revised Code.
(23) "Council" means the City Council of the City of Fremont, Ohio.
(24) "Court" means an open unoccupied space, enclosed or partially enclosed by three (3) or more intersecting walls of a building or buildings.
(25) "Coverage" means that percentage of the lot area covered by the building area.
(26) "Curb level" means the officially established grade of the front curb on the mid-point of the lot.
(27) "Density" means a unit of measurement, which is the number of dwelling units per acre of land.
(28) "Density, gross" means the number of dwelling units per acre of total land to be developed.
(29) "Density, net" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use. Street right of way and other publicly or community-dedicated lands shall be excluded from such calculation.
(30) "District" or "zoning district" means a section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the requirement for off-street parking and the intensity of use are uniform. Boundaries of the district are shown on the Zoning Map which is part of this Zoning Ordinance.
(31) "Drainageway" means a watercourse, gully, dry stream or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by stormwater sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
(32) "Dwelling" means any building or portion thereof designed or used as the residence of one (1) or more persons, but not including a tent, cabin, travel trailer, tree house or a room in a hotel or motel.
(33) "Dwelling unit" means a prescribed area within a building, comprising living, dining and sleeping rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by one (1) family and its household employees.
(34) "Dwelling, single-family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space and designed for occupancy exclusively by one (1) family.
(35) "Easement" means authorization by a property owner for the use by another and for a specified purpose, of any designated part of his property.
(36) "Family" means one (1) or more persons related by blood, marriage or adoption who live together in one (1) dwelling unit and maintain a common household, or not more than three (3) persons not related by blood, marriage or adoption.
(37) "Fence" means an enclosure, barrier or screen whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular zoning lot.
(38) “Floor area” means the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial activities related to the principal but use but not including storage, it shall be counted as floor area in computing off-street parking requirements.
(39) "Floor area ratio of a building" means the quotient of the floor area of a building divided by its lot area.
(40) "Flood Hazard Boundary Map" means a map prepared by the Federal Emergency Management Agency identifying areas subject to the 100-year flood and used for obtaining flood insurance in the preliminary or emergency phase of the program.
(41) "Private garage" means a detached, fully enclosed building or portion of a principal building for the parking or temporary storage of vehicles, travel trailers and/or boats of the occupants of the premises, and where not more than two (2) spaces are rented for parking to persons not residents of the premises.
(42) "Grade" When a curb level has been established, means curb level. When a curb level has not been established or when the natural surface is at a different level than the curb level and remains unchanged, "grade" means with respect to a building, the average ground elevation adjoining the building.
(43) "Story height" means the vertical distance from top to top of two (2) successive tiers of floor beams.
(44) "Industrial use" means any use involving manufacturing, processing, testing and similar uses and which may generate some objectionable characteristics, such as noise, smoke, dust or pollution.
(45) "Junkyard" means any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation; or any land used for wrecking and not restoration to operating condition and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses taking place entirely within a completely enclosed building.
(46) "Off-street loading space" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking area. All off-street loading spaces shall be located totally outside of any street or alley right of way.
(47) "Lot" means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to the same. The street corporation boundary line of the City shall be deemed the lot line of any parcel of ground abutting thereon.
(48) "Lot, corner" means a lot at the intersection of two (2) or more streets and which has an interior angle of less than 135 degrees at the intersection of two (2) street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
(49) "Lot depth" means the distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
(50) "Lot frontage" means the distance along the front lot line.
(51) "Lot, interior" means a lot other than a corner lot.
(52) "Lot lines" mean any line dividing one (1) lot from another.
(53) "Lot, rear lot" means the lot line opposite and most distant from the front.
(54) “Lot, side lot" means any lot line other than front or rear lot lines. A side lot line separating a lot from a street means a "side street lot line". A side lot line separating a lot from another lot or lots means an "interior side lot line".
(55) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which is recorded.
(56) "Lot, reverse frontage" means a lot on which frontage is at right angles to the general pattern in the area, and which may also be a corner lot.
(57) "Lot, through" means a lot other than a corner lot with frontage on more than one (1) street. A "through lot" abutting two (2) streets may be referred to as a double frontage lot.
(58) "Lot width" means the width of the lot measured at the building setback line.
(59) "Nonconforming use" means the use of land or building, or portion thereof, which does not conform to the use regulations of the district in which it is located.
(60) "Nonconforming structure" means a structure, or portion thereof, which does not conform to the yard, density, height, bulk, parking or other regulations.
(61) "Off-street parking area" means a surfaced area including driveways designated for the parking of motor vehicles, but not including sidewalks, driving lanes and driveway aprons.
(62) "Parking space" means a paved area within a garage, main building or accessory building, a covered paved area such as a carport, or a dust-free surfaced area having the prescribed area, exclusive of ramps and driveways, which is permanently reserved for the parking or storage of one (1) motor vehicle and connected with a street or alley by a dust-free surfaced driveway which affords satisfactory ingress and egress for motor vehicles.
(63) "Permanent foundation" means a structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. For purposes of this Zoning Ordinance, a "permanent foundation" requires walls at the exterior line of the trailer constructed on footers set below frost line and steel beams across these walls to weld or bolt the trailer frame to.
(64) "Planning Commission" means the Planning Commission of the City of Fremont, Ohio.
(65) "Premises" means a lot together with all the buildings and uses thereon.
(66) "Private club" means an association organized and operated not for profit for persons who are bona fide members paying annual dues, which hires or leases premises, the use of which is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by members at their annual meeting. Food, meals and beverages may be served on the premises, provided adequate dining room space and kitchen facilities
are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization and such sale or service is in compliance with all applicable federal, state, county and local laws.
(67) "Private street" means a street not dedicated to the City.
(68) "Public hearing" means a hearing held after legal notice has been published in a newspaper of general circulation.
(69) "Recreation vehicle" includes the following:
A. "Boats and boat trailers" means boats, floats and rafts, plus the normal equipment to transport the same on the street or highway.
B. "Fold-tent trailer" means a canvas folding structure, mounted on wheels and designed for travel and vacation use.
C. "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.
E. "Travel trailer" means a vehicle or other portable structure forty (40) feet or less in length that is designed or used as a temporary dwelling and also to move on the street or highway.
(70) "Retention basin" means a body of water whether permanent or for the purposes of holding water for longer than designated flood interval storms. For purposes of these regulations a retention basin shall meet all the requirements for a pond.
(71) "Screening" means a neat, orderly and healthy screen of evergreen plant material not less than three (3) feet in height with an expected normal growth of at least five (5) feet in height, protected by a galvanized wire link fence at least five (5) feet in height. A wooden or masonry fence or other landscaping may be substituted for the screen and wire link fence when appropriate.
(72) "Setback line" means the line to which a building is required to set back from the street right-of-way line.
(73) "Sign" means a structure or any part thereof, or any device attached to or painted directly or indirectly on a building or structure or a parcel of land, and which displays or includes any letter, model, banner, pennant, insignia, device or other presentation to direct attention to a person, institution, organization, activity, place, object, product or business. The word "sign" includes the word billboard, but does not include flag, pennant or insignia of any nation, state, city or other political unit.
(74) “Sign, abandoned” A sign which no longer identifies or advertises a bona fide business, lessor service, owner, product or activity, and/or for which no legal owner can be found.
(75) “Sign, Air-Activated Graphic” A sign, all or any part which is designed to be moved by action or forced air so as to make the sign appear to be animated or otherwise have motion.
(76) “Sign area” means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign. “Sign area” includes decorative trim and any structural elements outside the limits of such sign surface and which forms an integral part of the display.
(77) “Sign, awning” means a sign painted on, printed on, or attached flat against the surface of an awning.
(78) “Sign, balloon” A temporary sign composed of cloth, canvas, plastic fabric, or similar lightweight non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method or that may be supported by stakes in the ground.
(79) “Sign, bandit” Temporary, portable yard signs used for commercial and non-commercial messages for on-premise and off-premise activities and advertising.
(80) “Sign, billboard” An off-premise permanent sign that is either illuminated or non-illuminated that directs attention to goods, merchandise, entertainment or services offered at a location other than the premises on which the sign is located.
(81) “Sign, blade” (A.K.A. Feather, Teardrop and Flag) A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
(82) “Sign, business” means a sign which directs attention to a business or profession conducted on the premises.
(83) “Sign, business center” A grouping of two or more business establishments on one or more parcels of property which may share parking and access and are linked architecturally or otherwise developed as a unified grouping of businesses. A business center shall be considered one use for the purposes of determination of the maximum number of free-standing signs.
(84) “Sign, changeable copy” A sign designed so that the characters, letters, or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as readerboards. See also Signs, Electronic Message Center.
(85) “Sign, Commercial Message” Any sign wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity.
(86) “Sign, Electronic Message Center (EMC)” A sign designed so that the characters, letters or illustrations can be changed or rearranged automatically on a lamp bank or through mechanical means (e.g. electronic or digital signs using LED lighting)
(87) “Sign, flashing” means an illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(88) “Sign, freestanding” A sign which is not attached to a principal or an accessory structure, including center pole signs, posts and panels, or monument signs, but excluding off-premises signs.
(89) “Sign, human” (A.K.A. Mascot, Spinner and Person) A person attired or decorated with commercial insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be
(90) “Sign, illuminated” means a sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(91) “Sign, monument” A permanent freestanding sign other than a pole sign, not attached to a building that is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal type structure.
(92) “Sign, mural” A large scale temporary or permanent sign/work of art/graphic illustration or advertising display that covers all or a major portion of a blank or unfinished wall, building or structure.
(93) “Sign, nameplate” A sign indicating the name and address of a building; or the name of an occupant thereof; and the practice if a permitted occupation therein.
(94) “Sign, non-commercial” Any sign, wording logo or other representation that is not defined as a commercial message. Such signs may include, but not be limited to those directing the location of restrooms, those imposing restrictions on smoking, or those expressing political and/or religious philosophies.
(95) “Sign, off-premise” means a sign which directs attention to the name of a business or establishment, or goods or commodities sold or manufactured and/or services rendered on premises other than where the sign is located. Also, may include signs expressing opinions, displaying political information or public service messages.
(96) “Sign, permanent” A sign located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
(97) “Sign, portable” Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, including but not limited to “A-frame, T-frame, or inverted T-shaped” structures, including those signs mounted on wheeled trailers, hot air and gas filled balloons, sandwich boards, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, non-governmental flags and searchlights.
(98) “Sign, projecting” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure, and is not parallel to the structure to which it is attached. Projecting signs include signs that are totally in the right-of-way, partially in the right-of-way, or fully on private property.
(99) “Sign, projecting image” A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.
(100) “Sign, roof” A sign mounted on the roof of a building or structure, lying either flat against the roof or upright at an angle to the roof pitch. This also includes any advertising on pitched roof formed by using different color shingles or other roof coverings and/or signs painted on the roofing shingles or other roofing material.
(101) “Sign, Snipe” A temporary sign, usually made of paper or cardboard, illegally tacked, nailed, stapled, posted, pasted, glued, tied, or otherwise attached to trees, poles, stakes, fencing, mail boxes or other objects.
(102) “Sign, temporary” Any sign not intended or designed for permanent display or permanent attachment to the ground or a structure and intended for a limited period of display. For the purposes of this Zoning Ordinance, temporary signs are defined as those signs related to a temporary event or condition, and may include, but not be limited to construction signs, garage/estate sales/auctions, political signs, holiday and special events, and real estate signs (including the leasing or sale of rental units, commercial/industrial space or buildings and residential dwellings).
(103) “Sign, vehicle” Any sign permanently or temporarily attached to or placed on a vehicle or trailer in any manner so that the sign is used primarily as a stationary identification or advertisement sign.
(104) “Sign, wall” A sign which faces an adjacent parking area and/or public street and is attached directly to a building wall, or rigid or non-rigid fabric marquee or awning-type structure attached to a building, and generally parallel to the building wall, including signs painted on any building wall, or extending from the wall in the case of a canopy, awning or marquee-type structure.
(105) “Sign, window” A sign located on the inside or outside of a window which is intended to be viewed from the outside.
(106) "Story" means that portion of a building included between the upper surface of any floor and upper surface of the next floor above, or if there is no floor above, the portion between such floor and the ceiling above and also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half (½) of the basement is above grade level at the front of the building.
(107) "Street" means a roadway dedicated or devoted to public use by legal mapping, use or other lawful manner, and includes highway, avenue, road, alley, land, boulevard, terrace, concourse, driveway and sidewalk.
(108) "Structure" means a combination of materials forming a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio and television towers, water tanks and towers, trestles, piers, wharves, sheds, storage bins, walls, fences, display signs and solar panels. The word “structure” shall be construed as if followed by the words “or part thereof”.
(109) "Structural restoration" means the reconstruction of exterior walls, roof, foundation, etc., done for general maintenance or safety reasons. No zoning certificate is required if the exact same exterior dimensions and location are maintained.
(110) "Variance" means a variation from a strict interpretation of the terms of this Zoning Ordinance which is owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in the Zoning Ordinance, a variation is authorized only for height, area, yard, or setback requirements.
(111) "Warehouse" means any building or structure which use is limited to the storage of equipment or material.
(112) “Water Garden/Fish/Coy Pond” means a decorative water enclosure not intended for swimming purposes.
(113) "Wholesale establishment" means an establishment that engages in the sale of goods, merchandise, and commodities for resale by the purchaser.
(114) "Yard" means an open, unoccupied space on the same lot with a building, situated between a lot line and the parts of the main building, exclusive of cornices and uncovered porches, setting back from and nearest to such line.
(115) "Yard, front" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and principal building, or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies, or unenclosed and uncovered porches.
(116) "Yard, rear" means a yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the principal building and/or accessory building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
(117) "Yard, side" means a yard between the principal building and/or accessory buildings and the side line of the lot and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the principal building and/or accessory building.
(118) "Zoning certificate" means the document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(Ord. 2020-4053. Passed 1-7-21.)