Fremont City Zoning Code
CHAPTER 1173
Development and Decision Making Bodies
1173.01 PURPOSE.
The purpose of this Chapter is to identify the roles and responsibilities of various elected and appointed boards, as well as the duties of City staff, in the administration of this Zoning Ordinance. (Ord. 2020-4053. Passed 1-7-21.)
1173.02 ZONING INSPECTOR.
For the purpose of administering and enforcing this Zoning Ordinance, the Zoning Inspector shall have the following duties:
(a) Zoning Ordinance Administration. Develop and distribute applications for all permits, certificates, appeals, amendments, etc., which are necessary for effective administration of this Zoning Ordinance.
(b) Review and Issuance of Zoning Certificates.
(1) Approve or deny applications for zoning certificates upon determination of compliance with this Zoning Ordinance.
(2) Revoke a zoning certificate or approval issued contrary to this Zoning Ordinance or based on false statement or misrepresentation on the application.
(c) Interpretations. Interpret the requirements of the text and map of the Zoning Ordinance, where there are questions in the interpretation. The Zoning Inspector may consult the necessary City staff, the Sandusky County Regional Planning Commission, and the Law Director to clarify such questions.
(d) Zoning Ordinance Enforcement.
(1) Determine whether a use is in compliance, or in violation of the Zoning Ordinance. Where a violation does exist, the Zoning Inspector shall notify the owner in writing, specifying the exact nature of the violation and identifying the measures necessary to correct the violation including, but not limited to, a stop work order.
(2) Institute injunction, mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(e) Inspections. Conduct inspections of buildings, structures and uses of land to determine compliance with this Zoning Ordinance.
(f) Maintain Records. Maintain and keep current the permanent records required by the Zoning Ordinance, including but not limited to the official Zoning Map, zoning certificates, zoning inspections and all official zoning actions of Council. Such records shall be made available for use by Council, the Planning Commission, the Board of Zoning Appeals and the general public.
(g) Reports.
(1) Prepare and submit reports concerning the administration and enforcement of this Zoning Ordinance to Council upon request.
(2) May distribute applications and site plans to other agencies and reviewers and prepare reports to the Planning Commission.
(Ord. 2020-4053. Passed 1-7-21.)
1173.03 BOARD OF ZONING APPEALS.
(a) Membership and Terms. The Board of Zoning Appeals shall consist of five (5) members appointed by Council. Council shall designate one (1) member as Chairperson. The Chairperson shall be a qualified person who has experience or background in dealing with zoning concepts, zoning laws and procedures. Members shall be paid a monthly salary as determined by Council.
(1) The term of office of the members of the Board of Zoning Appeals shall be for five (5) years, excepting that the five (5) members first appointed shall serve respectively for terms of: one (1) for five (5) years, one (1) for four (4) years, one (1) for three (3) years, one (1) for two (2) years, and one (1) for one (1) year. Thereafter, members shall be appointed for terms of five (5) years each beginning January 1. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
(2) The appointing authority shall have the power to remove any member of the Board of Zoning Appeals for cause and after public hearing.
(3) All members of the Board of Zoning Appeals shall be residents of the City of Fremont.
(4) If any member of the Board of Zoning Appeals is absent for three (3) consecutive meetings, such member may be considered, at the option of the Chairperson, to have resigned, and the Chairperson may request Council to appoint a replacement.
(b) Organization and Procedure. The Board shall organize annually to elect a Vice-Chairperson. It shall further adopt rules for its own governance including voting procedures not inconsistent with law or any other ordinance of the City to carry into effect the provisions of this Zoning Ordinance.
(1) Meetings of the Board shall be open to the public and the media notified.
(2) Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of any applicant or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(3) The Board may call upon the various City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as required.
(c) Duties. The Board duties are as follows:
(1) To consider appeals from the decisions made by the Zoning Inspector or other administrative official, where it is alleged that there is an error in any order, requirement, decision, interpretation or determination.
(2) To grant variances from the terms of this Zoning Ordinance that maintain its intent and will not be contrary to public interest where, owing to special conditions, a literal enforcement of this Zoning Ordinance will result in unnecessary hardships and so the spirit of this Zoning Ordinance shall be observed.
(3) To authorize permits for home occupations and conditional uses where the proposal is in compliance with the criteria identified throughout this Zoning Ordinance, and where such additional conditions and safeguards can be specified as will uphold the intent of this Zoning Ordinance.
(4) To assume appellate jurisdiction relative to appeals and variances, and original jurisdiction on applications for conditional uses and home occupations.
(5) To provide, as requested by the Zoning Inspector, input and/or recommendations concerning the interpretation of the administrative requirements and enforcement procedures of this Zoning Ordinance.
(6) To cause a record to be made of all its proceedings, setting forth the reasons for its decisions. Such record, immediately following the Board's decisions, shall be filed in the offices of the Board and Planning Commission, and shall be open to the public.
(7) To issue cease and desist orders and to issue tear down notices.
(Ord. 2020-4053. Passed 1-7-21.)
1173.04 PLANNING COMMISSION.
(a) Membership. Planning Commission membership shall be as stated in Chapter 145 of the Codified Ordinances.
(b) Organization and Procedure. The Commission shall organize annually to elect a Chairperson and a Vice-Chairperson. It shall further adopt rules for its own governance not inconsistent with law or with any other ordinances of the City, to carry into effect the provisions of this Zoning Ordinance.
(1) Meetings of the Commission shall be open to the public.
(2) Three (3) members of the Commission shall constitute a quorum.
(3) The Commission may call upon various City departments for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Commission as required.
(c) Duties. The Commission duties are as follows:
(1) Prepare and monitor the Zoning Ordinance for the purpose of promoting the interest of the public in general and to review and recommend map and/or text amendments considered necessary and appropriate to update the Zoning Ordinance.
(2) Initiate amendments to the Zoning Ordinance text and/or the official Zoning District Map.
(3) Review Planned Unit Development concept plans.
(4) Approve, modify or disapprove the Planned Unit Development site development plans.
(5) Approve, modify or disapprove nonresidential development and multiple-family residential development site plans. Engineering approval of site construction details is not part of site plan review by Planning Commission.
(6) Approve, modify or disapprove plans for manufactured home parks.
(7) Require and hold public hearings concerning matters that come before the Commission.
(8) Maintain an up-to-date copy of the text and map on permanent display in the City Hall.
(9) Cause a record to be made of all its proceedings, setting forth its reasons for its decisions. Such record shall be filed in the offices of the Planning Commission and shall be open to public inspection.
(Ord. 2020-4053. Passed 1-7-21.)
1173.05 ARCHITECTURAL REVIEW BOARD.
(a) Membership. The Architectural Review Board, hereinafter referred to as “Board”, is hereby established, consisting of nine (9) members. All members shall be appointed by the Mayor with the approval of Council. Of these nine members, one (1) must possess professional credentials as a historian, architect or in a related discipline.
(b) Duties, Purpose and Procedures:
(1) To study the problems and determine the needs of the City in furthering the restoration and preservation of our Historical Districts and Landmark/Sites.
(2) To determine what legislation, if any, is necessary to preserve, restore and develop our Historical Districts and Landmark/Sites, and to recommend legislation to Council.
(3) Process applications for Certificates of Appropriateness for any changes in the external appearance of existing structures; design of new structures; demolition of landmarks and existing structures within designated historic districts; to select and to nominate or review nominations of historical districts and/or buildings to the National Register of Historic Places.
(4) Develop rules of procedure by which the Board shall be governed.
(5) Recommend designation of local landmark/sites to City Council.
(6) Develop programs for historic preservation education to the citizens of Fremont, Ohio.
(c) Certificate of Appropriateness.
(1) The Board shall determine whether the proposed construction, reconstruction or alteration of the exterior architecture, property or site shall be appropriate to the preservation of an Historical District, landmark/site/property or an area of archaeological significance. When the Board determines this criteria is met, a Certificate of Appropriateness will be issued.
(2) A Certificate of Appropriateness shall be issued by the Board prior to the issuance of a building permit for a structure located in a designated Historical District.
(3) A Certificate of Appropriateness shall be obtained for any new sign an applicant wishes to erect or place within the Historical District, or an historic landmark/site.
(4) A Certificate of Appropriateness shall be obtained for landscaping performed in an Historical District or in an area of archaeological significance. (Ord. 2020-4053. Passed 1-7-21.)
1173.06 COUNCIL.
(a) Council shall:
(1) Appoint four (4) members and one (1) Chairperson to the Board of Zoning Appeals.
(2) Act upon amendments as they are transmitted to Council.
(3) Approve, modify or disapprove Planned Unit Development concept plans.
(4) Approve, modify or disapprove Institutional Campus Master Plans.
(5) Decide on Site Plan Review appeals from the Planning Commission.
(6) Decide on appeals from the Board of Zoning Appeals.
(7) Decide on Certificate of Appropriateness appeals from the Architectural Review Board.
(8) Establish a fee schedule for required permits, certificates, etc.
(b) Council may:
(1) Initiate amendments to this Zoning Ordinance.
(2) Institute injunction, mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate, or remove the unlawful locations, erection, construction, reconstruction, enlargement, change, maintenance or use. (Ord. 2020-4053. Passed 1-7-21.)