Fremont City Zoning Code
CHAPTER 1121
Introductory Provisions
1121.01 TITLE.
(Ord. 2020-4053. Passed 1-7-21.)
1121.02 PURPOSE.
This Zoning Ordinance is adopted for the purpose of:
(a) To promote the public health, safety and general welfare.
(b) To effectuate the Comprehensive Master Plan of the City of Fremont.
(c) To secure the most appropriate use of land.
(d) To conserve and protect property and property values.
(e) To facilitate adequate and economical provisions for public improvement.
(f) To provide adequate open space in order to assure access of light and circulation of air, in order to facilitate the prevention and fighting of fires and in order to lessen congestion on streets and highways.
(g) To create an attractive and cohesive controlled business district.
(h) Provide for the Administration of this Zoning Ordinance.
(Ord. 2020-4053. Passed 1-7-21.)
1121.03 AUTHORITY.
(a) General Authority. The authority for the preparation, adoption, and implementation of this Zoning Ordinance is derived from Ohio Revised Code (Ohio R.C.) Chapter 713.
(b) Reference to the Ohio Revised Code. Whenever any provision of this Zoning Ordinance refers to or cites a section of the Ohio R.C. (as amended), and that section is later amended or superseded, this Zoning Ordinance shall be deemed amended to refer to said amended section or the section that most nearly corresponds to the superseded section.
(Ord. 2020-4053. Passed 1-7-21.)
1121.04 JURISDICTION.
The provisions of this Zoning Ordinance shall apply to all land, subdivisions of land, land development, use of all structures, and uses of land within the City of Fremont of Sandusky County, State of Ohio.
(Ord. 2020-4053. Passed 1-7-21.)
1121.05 COMPLIANCE REQUIRED.
No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation or requirement of this Zoning Ordinance.
(Ord. 2020-4053. Passed 1-7-21.)
1121.06 TRANSITIONAL REGULATIONS.
This Zoning Ordinance shall not require any changes or alterations to be made to any plan, layout, construction, size or designated use of any development, building, structure or part thereof which has obtained official approval and the required permits have been obtained prior to the adoption of this Zoning Ordinance, but does not comply with the requirements of this Zoning Ordinance; provided that construction is started within six (6) months of the passage of this Zoning Ordinance and is completed two (2) years thereafter, and further provided that such construction has begun in conformance with the approved plans. All permits for construction not begun within six (6) months of the adoption of this Zoning Ordinance shall be revoked.
(Ord. 2020-4053. Passed 1-7-21.)
1121.07 INTERPRETATION AND CONFLICTS.
(a) In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements.
(b) Whenever the requirements of this Zoning Ordinance conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive requirement shall govern.
(c) This Zoning Ordinance shall not interfere with, abrogate, annul or repeal any ordinance or any rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law, provided that, unless specifically excepted, where this Zoning Ordinance imposes greater restrictions, its provisions shall control.
(Ord. 2020-4053. Passed 1-7-21.)
1121.08 INJUNCTION AUTHORIZED.
In the event of a violation of this Zoning Ordinance or imminent threat thereof, the City of Fremont or the owner of any contiguous or neighboring property who would be especially damaged by the violation may institute a suit for injunction to prevent or terminate such violation.
(Ord. 2020-4053. Passed 1-7-21.)
1121.09 SEPARABILITY CLAUSE.
Should any section or provision of this Zoning Ordinance be declared by any courts to be unconstitutional or invalid, such decision shall not affect the validity of this Zoning Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2020-4053. Passed 1-7-21.)
1121.10 VIOLATIONS CONTINUE.
Any violation of the previous versions of this Zoning Ordinance shall continue to be a violation under this Zoning Ordinance and shall be subject to the penalties and enforcement set forth in Chapter 1177: Enforcement, Violations and Penalties, unless the use, development, construction, or other activity complies with the provisions of this Zoning Ordinance. Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this Zoning Ordinance.
(Ord. 2020-4053. Passed 1-7-21.)
1121.11 ZONING MAP.
(a) Map Adoption, Identification and Custody.
(1) The districts established by Chapter 1123: Base Zoning Districts, and as designated on the official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Zoning Ordinance.
(2) The official Zoning Map for the City of Fremont, Ohio shall be properly attested to.
(3) The official Zoning Map shall be located in the office of the Zoning Inspector.
(b) Official Zoning Map as Final Authority. Regardless of the existence of purported copies of the official Zoning Map which may, from time to time, be made or published, the official Zoning Map located in the office of the Zoning Inspector shall be the final authority as to the current zoning status of land areas within the City.
(c) Amendments and Corrections of Official Zoning Map.
(1) No amendments of any nature shall be made on the official Zoning Map or matter shown thereon, except in conformity with the procedures set forth in this Zoning Ordinance.
(2) Drafting or other errors or omissions on the official Zoning Map may be corrected. However, such corrections shall not have the effect of amending this Zoning Ordinance or subsequent amendments, nor shall such corrections change the requirements pertaining to a land area or otherwise alter the boundaries of any zoning district.
(d) Interpretation of Boundaries.
(1) Where zoning district boundaries are delineated to follow or approximately follow property lines, such property lines shall be considered as the district boundaries.
(2) Where the zoning district boundaries are shown to follow or approximately follow the centerlines or right-of-way lines of highways, streets or alleys, such centerlines or right-of-way lines shall be considered as the district boundaries.
(3) Whenever any highway, street, alley, railroad or other public right of way is officially abandoned by the City, the adjoining zoning district boundary shall be automatically extended to the centerline of the abandoned right of way, and such area shall become subject to the regulations of the zoning district in which it is located. If only a portion of a right of way is abandoned, the adjoining zoning district boundary, or the district boundary nearest the abandoned area shall be extended.
(4) Where zoning district boundaries are delineated to be parallel or approximately parallel to the centerlines or right-of-way lines, the district boundary shall be considered as being parallel thereto, at the same distance indicated on the official Zoning Map. When no dimension is shown on the map, the distance shall be determined in accordance with the scale shown on the official Zoning Map.
(e) Unofficial Zoning Map Online.
(1) An unofficial copy of the zoning map is online for informational purposes only on the City of Fremont home page, Department of Engineering and Zoning.
(2) Zoning district information for a parcel is available online at Sandusky County Auditor’s GIS/Tax Map. This information is deemed a reliable point of reference but is not guaranteed and should be independently verified with the City of Fremont.
(Ord. 2020-4053. Passed 1-7-21.)