Fremont City Zoning Code
CHAPTER 1153
Environmental Performance Standards
1153.01 INTENT.
The intent of this Chapter is to promote a healthy environment in Fremont as it relates to the City's natural resources; sensitive ecosystems; the integrity of the City's land, water, and air; the quality of the City's visual environment, including the management of outdoor lighting, its impact upon traffic safety, and on adjacent land uses; and ensure that noise has minimal negative impact on the quality of life of those in the community. All provisions of this Chapter apply to all structures and uses unless otherwise noted.
(Ord. 2020-4053. Passed 1-7-21.)
1153.02 AIRBORNE EMISSIONS.
No emission or air pollutant shall be permitted which violates the minimum Federal requirements as enforced by the Sandusky County Health Department. Dust and other airborne pollutants shall be minimized through the paving, oiling or landscaping of the lot area around any building. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere shall be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be from a stack.
(Ord. 2020-4053. Passed 1-7-21.)
1153.03 DITCH MAINTENANCE SETBACK.
The development of any permanent obstruction within twenty-five (25) feet measured from the top of a ditch bank at a right angle, is hereby prohibited on ditches designated on the Zoning Map. (Ord. 2020-4053. Passed 1-7-21.)
1153.04 EXCAVATION PROTECTION.
In any district, excavation relating to the construction, on the same lot, of a building for which a building permit has been issued shall be permitted. If construction of a building is stopped prior to completion, or the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials. Any excavation shall immediately be filled in and the topsoil replaced, or all such excavation shall be entirely surrounded by a substantial fence at least six (6) feet high that will effectively block access to the area in which the excavation is located. The Zoning Inspector is hereby empowered to enforce the provisions contained herein.
(Ord. 2020-4053. Passed 1-7-21.)
1153.05 FLAMMABLE OR EXPLOSIVE MATERIALS.
Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment, and by such safety devices as are normally used in the building or storing of such materials.
(Ord. 2020-4053. Passed 1-7-21.)
1153.06 COMPLIANCE WITH FLOOD DAMAGE PREVENTION.
Flood protection standards are provided in Chapter 1307: Flood Damage Prevention, and review procedures in Chapter 1309: Flooding Review Procedure, of the City of Fremont Codified Ordinances. The uses permitted within flood prone areas shall be as provided in Chapter 1307. The requirements of Chapter 1307 of the City of Fremont Codified Ordinances shall be enforced as “overlay” regulations, which impose additional development restrictions on properties located in flood prone areas, beyond the restrictions normally placed upon such properties by this Zoning Ordinance. (Ord. 2020-4053. Passed 1-7-21.)
1153.07 LIGHTING.
(a) Applicability. Except as described below, all outdoor lighting shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.
(1) Lighting related to single-family and two-family dwellings are exempt, however, all lighting for these uses shall be shielded and arranged to reduce glare and to reflect light away from all adjacent property, public roads and highways.
(2) Seasonally decorative outdoor lighting are exempt from the requirements of this Section.
(3) Lighting for certain outdoor recreational uses because of their unique requirements for nighttime visibility and their limited hours of operation.
(4) Lighting required by the federal or state law shall be exempted from the standards of this Section.
(b) Exterior Lighting Plan. A lighting plan is required for all uses that are required to file a site plan and shall be approved according to the procedures set forth in Chapter 1161: Site Plan Review. The lighting plan shall demonstrate compliance with the requirements of this Section. However, a photometric study of the illumination shall only be required when a multi-family dwelling or a nonresidential use is proposed to be located adjacent to a lot in a residential district or that is occupied by an existing residential use.
(c) Outdoor Lighting Standards.
(1) Glare Reduction.
A. All on-site lighting of buildings, lawns, parking areas and signs shall be shielded and arranged to reduce glare and to reflect light away from all adjacent property, public roads and highways.
B. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.
(2) Canopy Shielding. Any canopy structure used at a business location (i.e. for uses such as vehicle service stations and drive-through facilities) must have recessed ceiling fixtures which do not extend below the surface of the canopy.
(3) Building Ornamentation and Accentuation. Utilization of lighting to accentuate key architectural elements of a building or development is permitted.
A. In no case shall such lighting flash or blink intermittently.
B. Any such lighting source located on the side of a building that faces an adjoining residential use or residential district shall be effectively screened from view of the residential use or residential district.
(d) Illumination Standards.
(1) Maximum Light Level Adjacent to Residential. Light originating on a site shall not trespass beyond the site to exceed one (1) foot-candle power of light six (6) feet above the ground when adjacent to a residential district.
(2) Measurement. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Measurements shall be taken at the property line along a horizontal plane at a height of five (5) feet above ground.
(e) Definitions.
(1) Foot-candle shall mean a unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) standard candle. (Ord. 2020-4053. Passed 1-7-21.)
1153.08 NOISE.
(a) Intent. Development or use of land in the City of Fremont should not produce disruptive or objectionable noise on a regular or periodic basis.
(b) Standards:
(1) Noise, which is objectionable, as determined by the Zoning Inspector, due to volume, frequency or beat shall be muffled or otherwise controlled. In determining whether a noise is objectionable, consideration shall be given to the extent of the noise, frequency of occurrence, time of day, adjacent land uses and the technology available to control the noise.
(2) The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this Zoning Ordinance shall be established by the time period and type of land use district listed below.
(3) Sound from any source controlled by this Zoning Ordinance shall not exceed the following limits at the property line of said source.
A. Where the emitting and receiving premises are in different zones, the limits governing the stricter zone shall apply to any regulated noise entering that zone.
B. The levels specified below may be exceeded by 10 dB(A) for a single period, no longer than 15 minutes in any one day.
Use Occupancy Category | Time | Sound Level Limit dB(A) |
Residential | 7 a.m. . 10 p.m. | 50 |
10 p.m. . 6 a.m. | 45 | |
Commercial, Business, Institutional | 7 a.m. . 10 p.m. | 65 |
10 p.m. . 6 a.m. | 55 | |
Manufacturing, Industrial, Agricultural | At all times | 75 |
(c) Measurement. Sound pressure levels shall be measured using a sound level meter at a height of at least four (4) feet above the ground surface from a lot line or right-of-way line.
(d) Exclusions. This Section shall not apply to agricultural operations utilizing equipment with normal silencing devices, home lawn maintenance machines and snow blowers that meet their respective product requirements, the emission of sound for the purposes of alerting persons of an emergency or emergency vehicle, construction or demolition activity, and the emission of sound in the performance of emergency work.
(Ord. 2020-4053. Passed 1-7-21.)
1153.09 RADIOACTIVITY OR ELECTRICAL DISTURBANCE.
No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(Ord. 2020-4053. Passed 1-7-21.)
1153.10 URBAN SOIL SEDIMENT POLLUTION CONTROL.
No person shall cause or allow earth-disturbing activities on a development or construction area except in compliance with the standards and criteria set out below.
(a) Sheet and Rill Erosion. To control pollution of public waters by soil sediment from accelerated sheet and rill erosion on a development area, the responsible person shall:
(1) Construct and maintain sediment basins sized in accordance with the U.S. Soil Conservation Service handbook entitled, "Water Management and Sediment Control for Urbanizing Areas"; or
(2) Utilize other measures identified within the handbook or other acceptable measures approved by the City Engineer.
(b) Concentrated Water Erosion. To control pollution of public waters by soil sediment from accelerated erosion in drainageways and grassed waterways and in streams and ditches disturbed or modified in conjunction with the development or construction process, the responsible person shall:
(1) Design, construct and maintain concentrated water flow channels such that the velocity of flow does not exceed the permissible velocities provided by the City Engineer; or
(2) Utilize other measures identified within the handbook or other acceptable measures approved by the City Engineer.
(c) Control of Sloughing, Land Sliding and Dumping of Earth Material. To control sediment pollution of public waters caused by sloughing, land sliding or dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide, or erode into public waters by natural forces, no person shall:
(1) Dump or place earth material into public waters or into such proximity that it may readily slough, slide or erode into public waters unless such dumping or placing is authorized by the City Engineer for such purposes as, but not limited to, constructing bridges, culverts, erosion control structures and other instream or channel bank improvements works; or
(2) Grade, excavate, fill or impose a load upon any soil or slope known to, or prone to, slipping or land sliding, thereby causing it to become unstable unless qualified engineering assistance has been employed to explore the stability problems and make recommendations to correct, eliminate or adequately address the problem.
(Ord. 2020-4053. Passed 1-7-21.)
1153.11 VIBRATION.
Operating any devices that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source shall be prohibited. For the purposes of this Section, vibration perception threshold means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or observation or moving objects.
(Ord. 2020-4053. Passed 1-7-21.)