Fremont City Zoning Code
CHAPTER 1129
Use Specific Regulations
1129.01 INTENT AND APPLICABILITY.
This Chapter contains additional standards that shall be met by an applicant for uses that are either permitted with use-specific standards or as conditional uses. In addition to meeting the following standards, all applicants shall be required to comply with any and all other applicable provisions of this Zoning Ordinance.
(Ord. 2020-4053. Passed 1-7-21.)
1129.02 ADULT ENTERTAINMENT BUSINESSES.
See Chapter 707: Adult Entertainment Businesses of the City of Fremont Codified Ordinances, for use regulations.
(Ord. 2020-4053. Passed 1-7-21.)
1129.03 ANIMALS.
(a) Intent. The regulations of this Section are established to permit the keeping of farm animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(b) Agricultural livestock.
(1) Agricultural livestock, except as provided in Subsection (b)(2), (d) and (e) below, shall not be permitted in any zoning district.
(2) In a residential district, horses may be kept if the total lot area exceeds five (5) acres, provided that no structure, pen or corral for such use shall be within 100 feet of any lot line, and a conditional use permit is obtained from the Board of Zoning Appeals.
(c) Dogs and Cats. Any lot, building, structure, enclosure or premises wherein four (4) or more dogs or four (4) or more cats, four (4) months of age or older, are maintained shall be construed to be a kennel and shall not be permitted in any residential district.
(d) Chickens, Ducks, Rabbits and Similar Animals. The keeping of chickens, ducks, rabbits and similar farm animals, and cages, coops, and enclosures for the keeping of such animals, shall be governed by the following regulations:
(1) Number. No more than one (1) such animal shall be kept on a parcel of land for each eight hundred (800) square feet of parcel or lot area. For a residential lot of four thousand eight hundred (4,800) square feet, this regulation would permit no more than a total of six (6) such animals.
(2) Setbacks. The coops or cages housing such animals may not be located in front yard or side yard areas and shall not be located within ten (10) feet, of a side yard line or of a rear yard line. No animals shall be kept in required front yard or side street yard areas.
(3) Prohibitions. No roosters, geese or turkeys may be kept in a residential district except on a parcel that is at least one (1) acre in area and only if the coop or cage housing the bird(s) is at least one hundred (100) feet from all property lines. For parcels greater than one (1) acre in area, one (1) additional such bird may be kept for each 24,000 square feet in excess of one (1) acre. No predatory birds may be kept on any property under the regulations of this Section.
(e) Bee Keeping. The keeping of bees, and associated beehives, shall be governed by the following regulations.
(1) Number.
A. In residential districts no more than one (1) beehive shall be kept for each 2,400 square feet of lot area, and no beehive shall be kept on a lot less than 2,400 square feet in area.
B. In non-residential districts the number of beehives shall be limited to one (1) for each 1,000 square feet of lot area.
(2) Location and Setbacks. No beehive shall be kept closer than ten (10) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side yard. The front of any beehive shall face away from the property line of the Residential property closest to the beehive.
(3) Fences and Shrubs. A solid fence or dense hedge, known as a “flyway barrier” at least six (6) feet in height, shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than ten (10) feet from a property line.
(4) Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
(5) All beekeeping shall be in compliance with Ohio R.C. 909: Apiaries, and all other applicable State of Ohio rules and regulations. Property owners keeping bees must post a copy of their certificate of registration from the Ohio Department of Agriculture on or near the hives.
(6) Prohibitions. No Africanized bees may be kept on a property under the regulations of this Section.
(f) Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.
(g) Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.
(h) Slaughtering of Animals. Chickens, ducks, rabbits and similar small animals may be slaughtered on site only inside a garage or other building and only if for use by the occupants of the premises and not for sale. No other farm animal may be slaughtered on site.
(Ord. 2020-4053. Passed 1-7-21.)
1129.04 BED AND BREAKFAST HOMESTAYS.
(a) The maximum number of guest rooms permitted is three (3).
(b) Bed and breakfast homestays are permitted only in older residential structures that are recognized as architecturally, historically or culturally significant.
(c) Food services in bed and breakfast homestays are limited to breakfast for guests only. No food preparation is allowed in the rooms.
(d) Interior Design Standards.
(1) Bedrooms shall be an existing part of the primary residential structure and not specifically constructed or remodeled for rental purposes.
(2) The architectural integrity of the structure and arrangement of existing interior space must be maintained.
(e) Exterior Design Standards.
(1) Only minimal outward modification is allowed and only if compatible with neighboring structures.
(2) Modifications required for safety purposes are allowable.
(f) Bed and Breakfast Area and Bulk Requirements.
(3) The guest house operation cannot utilize more than fifty percent (50%) of the floor area of the residential structure.
(4) A minimum of 250 square feet of gross interior floor area is required for each guest. Gross interior floor area includes room, hall, bath and dining areas. (Ord. 2020-4053. Passed 1-7-21.)
1129.05 CREMATORY.
(a) Setback from Residential District. Any building containing a crematory shall be set back a minimum of 200 feet from any residential district.
(b) In B or R/O Districts. Crematories are only permitted as an accessory use to a funeral home or animal hospital in the B-1, B-2, or R/O Districts.
(c) Building Requirements. The crematory facility shall be designed to minimize the release of emissions, sediment, or smoke to the greatest extent feasible.
(Ord. 2020-4053. Passed 1-7-21.)
1129.06 DWELLING CONVERSION.
The conversions of any building to a dwelling unit, or the conversion of any building to accommodate an increased number of dwelling units, or families, shall be permitted if a permit is obtained and if all the following conditions are met:
(a) Provided that it is within a district in which the new use is permitted according to this Zoning Ordinance;
(b) Provided that the yard dimensions still meet the yard dimensions required by this Zoning Ordinance for new structures in the district;
(c) Provided that the lot area per family equals the lot area requirements for new structures in the district; and
(d) Provided that the off-street parking requirements for new construction are met or exceeded.
(Ord. 2020-4053. Passed 1-7-21.)
1129.07 JUNK YARDS.
(a) All junk yards are required to be enclosed with a view obscuring eight (8) foot high fence.
(1) A screen planting of trees, hedge or shrubs do not qualify as a fence.
(b) All junkyards within the City of Fremont shall be in compliance within five (5) years of the passage of this Section, per Ordinance 00-3162, passed September 21, 2000.
(Ord. 2020-4053. Passed 1-7-21.)
1129.08 MANUFACTURED HOMES OUTSIDE A PARK.
(a) Intent. It is the intent of this Section to encourage the provisions of alternative housing in residential areas by permitting the use of manufactured housing. This Section applies only to manufactured homes located outside of any manufactured home park.
(b) Classification of Manufactured Homes. Classification of manufactured homes shall be as follows:
(1) "Class A manufactured home" is a manufactured home certified as meeting either the manufactured home construction and safety standards of the U.S. Department of Housing and Urban Development or the industrialized unit requirements of the Ohio Board of Building Standards; has the same siding materials and pitched shingled roofs as used on newly constructed conventional homes; and is on a permanent foundation.
(2) "Class B manufactured home" is a manufactured home certified as meeting either the manufactured home construction and safety standards of the U.S. Department of Housing and Urban Development or the industrialized unit requirements of the Ohio Board of Building Standards; has a bowed metal roof and aluminum siding with the traditional manufactured home appearance; and is on a permanent foundation.
(3) "Class C manufactured home" is a noncertified manufactured home.
(c) Certificate Required. A zoning certificate shall be required prior to the placement or replacement of any manufactured home.
(d) All replacement and establishment of manufactured homes shall meet the following requirements:
(1) Meet all requirements for lot, yard, building and other requirements for the district in which it is located.
(2) Be affixed to a permanent foundation.
(3) Roofs must be double pitched- three (3) feet vertical for twelve (12) feet horizontal or greater and covered with material residential in nature. No corrugated aluminum, metal or fiberglass.
(4) All units must have eaves, gutters and downspouts.
(5) The front entrance and facade of the unit must face the public street.
(6) Be anchored to the ground in accordance with the manufacturer's specifications.
(7) Have all wheels, axles and hitch mechanisms removed.
(e) The establishment, location and use of a Class A manufactured home as a permanent residence, shall be approved individually and shall be permitted in all R-1 and R-2 Districts and a conditional use in R-3, provided that all requirements of the district are met. A zoning certificate shall be obtained prior to placement of the Class A manufactured home.
(f) Nonconforming Replacement Exception. A manufactured home deemed a nonconforming use may be replaced by a manufactured home, provided the replacement is as follows: a Class C home may be replaced with a Class A or Class B; a Class B home may be replaced with a Class A or Class B; a Class A home may be replaced with another Class A.
(g) The Planning Commission shall review the application and determine whether the proposed manufactured home complies with the requirements of this Section 1129.08 and shall instruct the Zoning Inspector whether to issue a zoning certificate.
(Ord. 2020-4053. Passed 1-7-21.)
1129.09 MEDICAL MARIJUANA DISPENSARY.
See Chapter 753: Medical Marijuana Dispensary, of the City of Fremont Codified Ordinances, for use regulations.
(Ord. 2020-4053. Passed 1-7-21.)
1129.10 MICROBREWERY.
(a) Combined Use. A microbrewery is an establishment that must include a restaurant/bar space, or retail space. The area used for brewing, including bottling and kegging, shall not exceed twenty-five percent (25%) of the commercial floor space.
(b) Operation. The brewing operation shall not include the production of any alcoholic beverage other than beer or ale.
(c) Size. The brewery shall not produce more than 10,000 barrels of beer or ale per year. (Ord. 2020-4053. Passed 1-7-21.)
1129.11 SWEEPSTAKE TERMINAL CAFÉ.
See Chapter 749: Sweepstake Terminal Café, of the City of Fremont Codified Ordinances, for use regulations. (Ord. 2020-4053. Passed 1-7-21.)
1129.12 VEHICLE SALES AND SERVICE, NEW, USED AND RENTAL.
(a) Subordinate Vehicle Repair. Vehicle repair, or other activities customarily incidental to vehicle sales or leasing establishments shall be permitted as accessory to the sale or rental of vehicles provided these activities are conducted in a wholly enclosed building.
(b) Vehicle Parking or Display.
(1) Vehicle Sales and Leasing uses shall designate areas for required off-street parking including customer parking and areas for inventory vehicle display. Such required off-street parking areas shall be designed and maintained in compliance with Chapter 1145, Off-Street Parking and Access, and other applicable sections of this Zoning Ordinance. No site shall contain more vehicles than can be placed in accordance with these standards. No vehicle shall be positioned in any way to interfere with access to any repair bay or any parking, loading, maneuvering or pedestrian area.
(2) The Board of Zoning Appeals may grant a variance.
(c) Outdoor Activity. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance including tire inflation, adding oil, and wiper replacement.
(d) Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited. No outside storage or display except licensed vehicles for sale or rent lease.
(e) Junk Vehicles. No junked, inoperative, unlicensed, wrecked, partially dismantled, or other derelict vehicles, will be permitted to remain outdoors for more than 48 hours.
(Ord. 2020-4053. Passed 1-7-21.)
1129.13 VEHICLE SERVICE STATIONS.
(a) Service stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet minimum frontage. Gasoline pumps and other such facilities shall be located at least twenty-five (25) feet from a street right-of-way line, and twenty (20) feet from any side or rear lot line.
(b) If a parcel of land is to be used primarily for the retail electric charging of vehicles or a battery exchange station, as a principal use and structure, then the use shall be equivalent to an vehicle service station for zoning purposes, located only in zoning districts that permit vehicle service stations and subject to all rules and regulations applicable to vehicle service stations.
(Ord. 2020-4053. Passed 1-7-21.)
1129.14 SOLID WASTE TRANSFER FACILITY.
(a) Required Conditions.
(1) The waste handling area of the solid waste transfer facility is to be located at least 750 feet from any occupied dwelling unit in existence on the date the conditional use application is filed.
(2) A solid waste transfer facility may be permitted, with all operations performed inside an enclosed building, as a conditional use upon submission of satisfactory proof that such operations will not be detrimental to surrounding properties or to the environment. To the extent not inconsistent with applicable state and federal law, compliance with the requirements contained in this Section shall be demonstrated by the applicant prior to the issuance of a Conditional Use Permit. All requirements of Chapter 1161 Site Plan Review must be met.
(b) Application Requirements. All Conditional Use Permit applications for a solid waste transfer facility within the City shall be accompanied by the following information, at a
minimum:
(1) Vicinity maps, drawn at a scale of 1 inch equal to 1,000 feet, illustrating the proposed site in relation to surrounding existing and proposed land uses, existing and proposed roads, surrounding zoning districts, and the Sandusky County Comprehensive Plan.
(2) Topographic maps, drawn at a scale no greater than 1 inch to 200 feet with 5-foot contour intervals, showing the existing and the proposed final physiographic layout of the site.
(3) A transportation plan for the site illustrating any proposed external routes or access to the solid waste transfer facility and any proposed internal circulation routes within the solid waste transfer facility.
(4) Proposed methods of, and a plan for, control for insects, rodents, other vectors, refer to later sections below.
(5) Proposed methods of, and a plan for, controlling odor, dust, and/or blowing debris such as paper, refer to later sections below.
(6) Required methods of, and a plan for, screening.
(7) Planned hours of operations.
(8) The location and size of proposed shelters for solid waste transfer facility personnel and equipment.
(c) Other Permits Required. All proposed solid waste transfer facility operations are required to secure a "Permit to Install" from the OEPA and a "Permit to Operate" from the Sandusky County Health Department prior to operations and both shall remain in force.
(d) Screening. The site shall contain mounding or screening via fencing and/or vegetative plants to adequately screen the view of the solid waste transfer facility operation from any public street, existing dwelling unit, or any residentially zoned property.
(e) Access From Residential Areas. The site shall not be accessible from any established residential area.
(f) Odor Control. The site shall be cleaned and operated to prevent objectionable odors
to urbanized or urbanizing areas.
(g) Attendant Required. An attendant shall be present during the time the transfer facility site is open to supervise the unloading of refuse. A manager shall be on duty during this same time.
(h) Control of Blowing Debris. Blowing paper shall be controlled by reasonable measures near the working area, including the use of wind screens or fencing around the perimeter of the facility. The fence and facility shall be policed daily for litter.
(i) Open Storage/Burning Prohibited. There shall be no open storage or burning of refuse or garbage.
(j) Vector Control. Conditions unfavorable for the production of insects, rodents, and
other vectors shall be maintained by carrying out routine solid waste transfer facility operations promptly in a systematic manner.
(k) Domestic Animals Excluded. Domestic animals shall be excluded from the site.
(l) Other Required Conditions. Submission of plans, specifications and other materials to mitigate any substantial negative impacts, if any, on human health, safety and the environment.
(m) Hazardous Waste Restriction. No hazardous waste, defined under Ohio Revised Code Section 3724.01(I)(l) and (2), and the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806-2812, 42 U.S.C. 6921 to 6931, shall be stored on any site designated as a solid waste transfer facility under this Section of this zoning resolution.
(n) Inspections and Enforcement. The Zoning Inspector or a Sandusky County Health Department employee may visit the site at any time and may have cause for a cease-and-desist order if the owner and/or operator of a solid waste transfer facility is in violation of any of the above sections or any other conditions imposed by the Board of Zoning Appeals.
(Ord. 2025-4265. Passed 8-7-25.)