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Fremont City Zoning Code

CHAPTER 1157

Common Review Standards

1157.01 PURPOSE.

   The purpose of this Chapter is to establish common review standards that will ensure that the regulations set forth in this Zoning Ordinance are soundly and consistently applied.
(Ord. 2020-4053. Passed 1-7-21.)

1157.02 APPLICABILITY.

   The requirements of this Chapter shall apply to all applications and procedures subject to development review under this Zoning Ordinance, unless otherwise stated.
(Ord. 2020-4053. Passed 1-7-21.)

1157.03 AUTHORITY TO FILE APPLICATIONS.

   (a)    Unless otherwise specified in this Zoning Ordinance, development review applications may be initiated by:
      (1)    The owner of the property that is the subject of the application; or
      (2)    The owner’s authorized agent.
   
   (b)    When an authorized agent files an application under this Zoning Ordinance on behalf of a property owner, the property owner shall be required to sign the application, which shall bind all decisions, and related conditions of approval, to the owner of the property.
(Ord. 2020-4053. Passed 1-7-21.)

1157.04 APPLICATION SUBMISSION SCHEDULE.

   The schedule for the submission of applications in relation to scheduled meetings and hearings of review bodies shall be established by Zoning Inspector and made available to the public.
(Ord. 2020-4053. Passed 1-7-21.)

1157.05 APPLICATION CONTENTS.

   (a)    Applications filed under this Zoning Ordinance shall be submitted in a form and in such numbers as established by the Zoning Inspector and made available to the public.
   (b)    When required by this Zoning Ordinance applications shall be accompanied with a list giving the names and addresses set forth on the Sandusky County Auditor's mailing list of the owners of all properties within and contiguous to and directly across the street from the subject area. For applications other than map amendments, the applicant may request the City to prepare the name list for an additional fee as provide for in Section 1157.16(d): Deposit for Notice Mailing and Publication Cost.
   (c)    A fee and any costs pursuant to Section 1157.16: Fees and Costs.
   (d)    Complete Application Determination.
      (1)    The Zoning Inspector shall only initiate the review and processing of applications submitted under this Zoning Ordinance if such application is determined to be complete.
      (2)    If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Zoning Ordinance.
      (3)    If an application is determined to be incomplete, the Zoning Inspector shall provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future re-submittal application.
      (4)    If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
      (5)    If the application fee has not been paid, the application will be deemed incomplete per Section 1157.16(b): Fees to be Paid.
         (Ord. 2020-4053. Passed 1-7-21.)

1157.06 SIMULTANEOUS PROCESSING OF APPLICATION.

   Whenever two (2) or more forms of review and approval are required under this Zoning Ordinance such as: a site plan review and a conditional permitted use; a site plan and a zoning map amendment; or a site plan and a building permit; the applications for those approvals shall, at the option of the applicant, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.
(Ord. 2020-4053. Passed 1-7-21.)

1157.07 EFFECT OF PRE-APPLICATION MEETINGS.

   (a)    Prior to filing an application, an applicant may request a meeting with the Zoning Inspector, City Engineer, or a commission/board for a pre-application meeting to discuss the proposed application or project.
   (b)    The purpose of the pre-application meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this Zoning Ordinance prior to the submission of an application.
   (c)    Discussions that occur during pre-application meetings are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.
   (d)    No action can be taken by the staff and/or any commissions/boards until the applicant submits an actual application and/or plan to the City pursuant to the laws and policies of the City.
(Ord. 2020-4053. Passed 1-7-21.)

1157.08 PUBLIC NOTIFICATION FOR PUBLIC MEETINGS.

   (a)    Applications for development approval that require a public meeting and/or a public hearing shall comply with all applicable Ohio R.C. requirements and the provisions of this Zoning Ordinance in regard to public notification.
   (b)    Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
      (1)    Identify the address or location of the property subject to the application and the name of the applicant or the applicant’s agent;
      (2)    Indicate the date, time, and place of the public hearing;
      (3)    Describe the land involved by street address, Sandusky County Auditor parcel identification number, or by legal description;
      (4)    Describe the nature, scope, and purpose of the application or proposal;
      (5)    Identify the location (e.g., the Engineering and Zoning Office) where the public may view the application and related documents;
      (6)    Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
      (7)    Include a statement describing where written comments will be received prior to the public hearing.
         (Ord. 2020-4053. Passed 1-7-21.)

1157.09 CONDUCT OF PUBLIC HEARING.

   (a)    Right of All Persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
   (b)    Continuance of a Public Hearing or Deferral of Application Review.
      (1)    An applicant may request that a review or decision-making body’s consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Inspector prior to the publication of notice as may be required by this Zoning Ordinance. The Zoning Inspector may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
      (2)    A request for deferral of consideration of an application received by the Zoning Inspector after publication of notice of the public hearing as required by this Zoning Ordinance shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
      (3)    The review or decision-making body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place. No additional notice is required if the fixed date, time, and place is announced at the time of the continuance.
         (Ord. 2020-4053. Passed 1-7-21.)

1157.10 WITHDRAWAL OF APPLICATION.

   Any request for withdrawal of an application shall be either submitted in writing to the Zoning Inspector or made through verbal request by the applicant prior to action by the review or decision-making body.
   (a)    The Zoning Inspector shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this Zoning Ordinance.
   (b)    If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this Zoning Ordinance, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
      (Ord. 2020-4053. Passed 1-7-21.)

1157.11 EXAMINATION AND COPYING OF DOCUMENTS.

   Applications and other documents and/or records may be inspected and/or copied as provided for by state law. (Ord. 2020-4053. Passed 1-7-21.)

1157.12 COMPUTATION OF TIME.

   The Fremont Codified Ordinances Subsection 101.03(c): Calendar, Computation of Time, shall apply in computing any period of time prescribed or allowed by this Zoning Ordinance.
(Ord. 2020-4053. Passed 1-7-21.)

1157.13 EFFECT OF ANY APPROVALS.

   All approvals shall run with the land or use and shall not be affected by change in ownership.
(Ord. 2020-4053. Passed 1-7-21.)

1157.14 BUILDING PERMIT REQUIRES COMPLIANCE.

   No building permit shall be issued except in conformity with the provisions of this Zoning Ordinance, except after written orders from the Board of Zoning Appeals.
(Ord. 2020-4053. Passed 1-7-21.)

1157.15 AMENDMENTS OF APPROVED APPLICATIONS.

   (a)    Minor Amendments.
      (1)    For any review procedure, the Zoning Inspector is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development. This shall not give the Zoning Inspector the authority to vary the requirements of this Zoning Ordinance or any conditions of approval.
      (2)    In cases where the proposed minor amendment is related to a public improvement or another element that the City Engineer has authority over, the City Engineer shall have the same authority to authorize minor changes.
   (b)    Unless otherwise stated, any approval granted through the provisions of this Zoning Ordinance may be otherwise be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(Ord. 2020-4053. Passed 1-7-21.)

1157.16 FEES AND COSTS.

   (a)    Determination of Fees. The determination of a fee schedule for the development review procedures of this Zoning Ordinance shall be established by a separate City ordinance and made available to the public. City council may adjust the fees from time-to-time.
   (b)    Fees to be Paid. No application shall be processed until the established fee has been paid.
   (c)    Refund of Fees. Application fees are not refundable except where the Zoning Inspector determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
   (d)    Deposit for Notice Mailing and Publication Cost. Wherever any notice or legal publication is required, the City may require a deposit which is sufficient to defray the cost of name list preparation, mailing, and publication in addition to the above referenced fees in Section 1157.16(a).
(Ord. 2020-4053. Passed 1-7-21.)