Fremont City Zoning Code

CHAPTER 1131

Accessory Use Regulations

1131.01 APPLICABILITY.

This Chapter applies to any subordinate use of a building or other structure, or use of land that is:

(a) Conducted on the same lot as the principal use to which it is related unless otherwise stated; and

(b) Clearly incidental to, and customarily found in connection with, the principal use or structure. (Ord. 2020-4053. Passed 1-7-21.)

1131.02 ZONING CERTIFICATES.

(a) No accessory use or structure shall be established or constructed unless a Zoning Certificate evidencing compliance of the proposed use or structure with the provisions of this Chapter and all other applicable regulations of this Zoning Ordinance has first been issued in accordance with Chapter 1167, Zoning Certificates and Permits, unless otherwise stated below.

(b) Other accessory uses not requiring Zoning Certificates but subject to the minimum yard requirements of this Chapter include:

(1) Ornamental landscape structures;

(2) Swing sets, jungle gyms and other play devices not requiring a building permit. (Ord. 2020-4053. Passed 1-7-21.)

1131.03 ACCESSORY BUILDINGS OR STRUCTURES.

(a) Accessory buildings in all districts shall comply with the following:

(1) No accessory building or structure other than a fence may be erected within any required setback.

(2) Accessory buildings or structures shall be included in the determination of the lot coverage and the floor area/lot area ratio.

(3) With applicable building code requirements.

(b) Accessory buildings and structures in all residential districts shall comply with the following:

(1) No detached accessory building or structure other than a fence may be erected in any yard other than a rear yard.

(2) No detached accessory building shall exceed eighteen (18) feet in height.

(3) Any accessory building, if not located in the rear yard, shall be attached to the principal building and shall be so placed as to meet all yard requirements for a principal building within the district.

(4) Detached garages shall not be converted to living space.

(c) Accessory buildings of less than 200 square feet are permitted to be located no closer than four (4) feet from the side and rear lot lines.

(d) Temporary containers, shipping containers or semi-trailers in a C or I District may be used as an accessory structure if painted a color to blend in with the principal structure and meets all of the criteria for an accessory structure in Subsections 1131.03(a) and (c) above and is permanently anchored. (Ord. 2020-4053. Passed 1-7-21.)

1131.04 DETENTION BASINS.

(a) Detention basins shall be a permitted use in R-1, R-2, R-3, R-0, B-2, I-1, I-2 and C zoning Districts.

(b) All detention basins shall have a minimum interior side slope horizontal to vertical at a ratio of 4.1 or greater. Exterior side slopes shall be constructed at no less than a 4 to 1 ratio.

(d) All detention basins shall be constructed in accordance with the design requirements of a Professional Engineer and shall be approved by the City Engineer prior to obtaining a permit.

(e) All detention basins shall either be seeded or some other approved planting or paving and shall be maintained in an appropriate manner.

(f) Refilling. The refilling of an area which has been excavated for the development of a detention basin shall be approved by the City Engineer and be considered waste disposal and shall meet the requirements as set forth by the Sandusky County Board of Health for solid waste disposal under Ohio R.C. 3734.04.

(Ord. 2020-4053. Passed 1-7-21.)

1131.05 DONATION/RECYCLING DROP-OFF BINS.

(a) Owner Written Consent. The person wishing to obtain a donation/recycling drop-off bin Zoning Certificate shall provide to the Zoning Inspector a letter of written consent of the owner of the location at which the bin is to be placed.

(b) Location.

(1) Donation/Recycling Drop Off Bins shall be permitted as an accessory use within any non-residential district and within residential districts when on the grounds of a permitted non-residential use.

(2) No bin shall be placed within the street right-of-way, within an interior drive, or in a location which will interfere with required traffic visibility requirements in Section 1147.16: Sight Visibility Triangle.

(3) Bins shall not be in any required buffer or landscaped areas.

(4) Bins shall be located on a paved surface.

(5) Bin Size. Donation/recycling drop-off bins shall not exceed (6) feet in depth, six (6) feet in width, and six (6) feet in height.

(1) Each bin shall be clearly marked to identify the specific items and materials to be collected for donation.

(2) Each bin shall contain the contact information visible from the front of the unit including the name, address, email, and phone number of the operator.

(d) Maintenance and Operation.

(1) All donated items must be collected and stored in the Donation/Recycling Drop-Off Bin.

(2) Any items or materials left outside of the Donation/Recycling Drop-Off Bin shall be removed within forty-eight (48) hours of discovery or notification, whichever occurs first.

(3) If a container is damaged or vandalized, it must be repaired or removed within five (5) business days of notification.

(4) Any Donation/Recycling Drop-Bin (including its contents) which is determined to be or is otherwise in violation of this Zoning Ordinance shall be deemed a public nuisance as defined in Section 1177.06: Nuisance Abatement, and may be removed pursuant to those provisions.

(5) Nothing in this Section prohibits a property owner from removing an unwanted donation/recycling drop off bin.

(Ord. 2020-4053. Passed 1-7-21.)

1131.06 ELECTRIC VEHICLE (EV) CHARGING STATIONS.

(a) Definitions. An “electric vehicle charging station” is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

(b) Applicability.

(1) Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the standards in this Section.

(2) Due to the fact the technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the Zoning Inspector may authorize variations from these standards, so long as the intent and goal of the standards and this Section are addressed.

(c) Reserved Parking. Except when located in conjunction with single-, two- and three-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.

(d) Service Fees. The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to residents, employees and visitors to the property. Collection of charging station fees shall not affect the zoning land use classification of properties where electric vehicle charging stations are installed as accessory uses. See Section 1129.13: Vehicle Service Stations, for electric vehicle charging stations as a primary use.

(e) Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in subsection (g) Signage Notification, of this Section. Way finding signs conveniently located to guide motorists to the charging stations are permitted with approval of the Zoning Inspector.

(f) Equipment Standards. Equipment for electric vehicle charging stations shall comply with the following standards:

(1) Installation shall meet applicable electric code.

(2) Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

(3) Charging station outlets and connector shall be no less than thirty-six (36) inches or no higher than forty-eight (48) inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

(4) Equipment shall be protected by wheel stops or concrete-filled bollards.

(g) Signage Notification. The following information shall be posted at all electric vehicle charging stations:

(1) Voltage and amperage levels;

(2) Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

(3) Usage fees;

(4) Safety information;

(5) Contact information for reporting when the equipment is not operating or other problems.

(h) Calculation for Required Parking. Electric vehicle charging stations located within parking lots or garages may be included in the calculation of the minimum required parking spaces. See Section 1145.04: Rules for Computation.

(i) Yard Location. Electric vehicle charging stations may be located in any yard.

(Ord. 2020-4053. Passed 1-7-21.)

1131.07 FENCING AND SCREENING.

(a) Zoning Certificate Required. No fence, wall or screening shall be constructed, altered or extended within the side, rear or front yard setback without first obtaining approval either with an individual zoning certificate or as part of another application with which the fencing is only one (1) portion of the project.

(b) Height in Residential and Commercial Districts.

(1) Fences and screening of a purely decorative nature are permitted to extend up to three (3) feet into the front yard from the principal building and parallel to the street.

(2) Fences or screening within front yards and side yards extending from the front line of the principal building toward the street right of way shall not exceed more than three (3) feet above the established front yard grade.

(3) Fences or screening in rear yards extending from the rear of the principal building toward the rear lot line shall not exceed more than six (6) feet above the established rear yard grade.

(4) Fences in side yards between the front and rear line of the principal building shall not exceed four (4) feet in height.

(c) Height in Industrial Districts. Walls and fences up to eight (8) feet in height shall be permitted in an industrial zoned district. Screening may be required where the industrial district is abutted by a residential district.

(d) Finished Side. All fences shall be constructed so that the finished side faces adjacent property or any public right-of-way. All of the framing or support members shall face the property owner (inward).

(e) Fencing Materials.

(1) Approved Materials. Fences must be constructed of wood, metal, bricks, masonry, vinyl or other materials designed for permanent outdoor fencing. Wood fences must be constructed of cedar, redwood or other decay resistant wood.

(2) Prohibited Materials. Fences constructed from snow fencing, plywood or materials originally intended for other purposes.

(3) Exceptions. Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any residential area. See also Section 521.05: Fences of the City of Fremont Codified Ordinances.

(f) Maintenance. Fences and walls shall be maintained in good repair, be structurally sound, and be attractively finished at all times by the owner and/or occupant of the lot on which they are located.

(g) Swimming Pool and Patio Fencing. Walls and fences up to eight (8) feet in height shall be permitted in the immediate area of a swimming pool or patio in the interior of a lot. For additional fencing requirements for swimming pools, see Section 1131.18: Swimming Pools, Private.

(h) Dumpster Fencing. See Section 1147.10: Screening Required for Dumpsters.

(i) Measurements.

(1) Fencing and walls are to be measured at the highest point, not including columns or posts, of the fence section as measured from the grade on the side nearest the abutting property or street. The Zoning Inspector may allow a gap (typically 1 to 2 inches) between the grade and fence bottom for installation purposes.

(2) Columns or posts may not extend more than 18 inches above the built height of the fence or wall. Columns or posts must be separated by a horizontal distance of at least for (4) feet, except at gates.

(3) A side or rear yard fence may be erected or altered up to an additional two (2) feet, not to exceed a total height of eight (8) feet, where the ground-floor elevation of the principal dwelling on an abutting lot is at least four (4) feet higher than the elevation at the abutting lot line. The ratio of additional height allowed shall be six (6) inches for each foot of higher elevation.

Figure 1131.07-1: Additional height where home on adjacent lot is 4 feet higher.

(Ord. 2020-4053. Passed 1-7-21.)

1131.08 GARAGE SALES.

(a) Garage sales are permitted in any zoning district.

(b) Each household is entitled to no more than two (2) garage sales per calendar year.

(c) Garage sales may not extend for more than three (3) consecutive days and may operate between the hours of 9:00 a.m. to 9:00 p.m. during those days.

(d) A zoning certificate shall be obtained for each garage sale.

(e) For allowed signage see Subsection 1149.02(b)(4) under Section 1149.02: Zoning Certificate Required; Exceptions.

(Ord. 2020-4053. Passed 1-7-21.)

1131.09 HANDICAP RAMPS.

(a) All handicap ramps require a zoning certificate.

(b) Temporary handicap ramps for individual residential uses that are anticipated to be required for less than two (2) years are exempt from the setback requirements for the zoning district in which it is located. Permanent handicap ramps for residential uses are required to meet all zoning requirement for the zoning district in which it is located. A permit for temporary handicap ramps shall be issued only if the following conditions are met:

(1) The setbacks shall provide the minimum necessary relief and shall represent the least possible modification as determined by the Zoning Inspector.

(2) The ramp shall be removed within thirty (30) days after the need for the handicap ramp expires.

(d) All permanent handicap ramps shall meet all setbacks for the zoning district in which it is located, except as provided for in Section 1143.07(d)(2): Projections for Disability Improvements. (Ord. 2020-4053. Passed 1-7-21.)

1131.10 HOME OCCUPATIONS.

(a) Intent. The purpose of this Section is to permit commercial uses in residentially zoned areas provided that the uses are compatible with the residential character of the neighborhood.

(b) Review Procedure. A Conditional Use Permit is required in accordance with Section 1163.05: Home Occupation Approval Process.

(1) No persons other than family members residing on the premises may be engaged in the home occupation on the premises.

(2) The appearance of any structure on the premises shall not be altered nor shall the business within any structure be conducted in a manner which would cause the premises to differ from its residential character.

(3) Accessory buildings may be used for the home occupation, but the buildings shall comply with the setback and other requirements pertaining to the district in which the building is located.

(4) Home occupations shall meet the environmental performance standards of Chapter 1153 for residential uses where applicable. In addition, no equipment or process shall be used which creates noise, vibration, glare, dust, fumes, odors or electrical interference detectable to the normal senses off the lot. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or which causes fluctuation in line voltage off the premises

(5) No traffic shall be generated by the operation of the home occupation which is greater, as determined by the Board of Zoning Appeals, than traffic volumes normally expected in the neighborhood.

(6) Off-street parking requirements for the business activity shall apply. There shall be no customer parking in any front yard and such occupation shall not attract any greater number of automobiles than can be parked on the premises.

(7) No business-related vehicles such as trailers, other than what is allowed in Section 1145.11: Storage of Commercial Vehicles in “R” districts, used in connection with the home occupation is allowed.

(8) One (1) nonilluminated sign, not more than six (6) square feet, shall be affixed to the structure and shall be erected in compliance with sign regulations of the district.

(9) There shall not be any display of goods or advertising visible from any street

(10) No outdoor storage of any equipment, machinery, parts, materials, or any other articles used in connection with the home occupation is allowed.

(11) Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(12) No article shall be sold or offered for sale except such as may be produced by members of the immediate family residing on the premises

(d) The following activities are prohibited as home occupations:

(1) Any maintenance, alteration, repair, reconditioning, or construction of or connection in any way with, a motor vehicle as defined by Ohio R.C. 4511.01, if such work is performed in connection with a bona fide business transaction for value received by a resident of the subject premises.

(2) Any maintenance, alteration, repair, reconditioning, or assembly of equipment with internal combustion engines (such as outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) in connection with a bona fide business transaction for value received by a resident of the subject premises.

(3) No primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere.

(e) The following uses shall not be considered as home occupations:

(1) Animal hospital.

(2) Barber shop or beauty salon.

(3) Business school.

(4) Clinic or medical center.

(5) Dancing school.

(6) Mortuary.

(7) Music school.

(8) Private club.

(9) Trailer rental.

(10) Vehicle or lawn mower repair and service.

(11) Restaurant.

(12) Kennel.

(13) Tourist home. boarding house.

(14) Yard, lawn or garage sales.

(15) Tattoo parlor.

(Ord. 2020-4053. Passed 1-7-21.)

1131.11 LIVING QUARTER OF PERSON EMPLOYED ON PREMISES.

(a) Residential Uses. Accessory living quarters which serves as the residence of a person who is employed on the premises such as a nurse, home health aide, therapist or paramedic providing home care assistance to aged or disabled members of the principal household.

(1) Accessory living quarters may include separate bathroom and kitchen facilities but only one electric meter to serve both the main dwelling and the living quarter of the employed person will be allowed.

(2) Accessory living quarters must be incidental and subordinate in size (including all garages, porches, etc.), impact, and purpose to a principal dwelling.

(b) Non-residential Uses. Living quarters for one custodian or caretaker per site for non-residential uses. (Ord. 2020-4053. Passed 1-7-21.)

1131.12 OUTDOOR BULK STORAGE.

Outdoor bulk storage areas may be permitted where such storage areas comply with the following standards:

(a) Outdoor bulk storage shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways. All materials shall be stored in such a fashion as to be accessible to firefighting equipment at all times.

(b) Outdoor bulk storage shall comply with all applicable state and federal regulations.

(c) Outdoor bulk storage areas are located in the side or rear yard. In no case shall the outdoor storage of goods be permitted between a principal building and a street without the approval of the Board of Zoning Appeals.

(d) Storage of any goods or materials shall not exceed six (6) feet in height unless the storage is fully screened by a six (6) foot high opaque screen that is architecturally compatible with the principal structure in material type and color. Said height may be increased to eight (8) feet in industrial districts.

(e) The use of banners, pennants, strings of pennants, or similar decoration shall not be included in outdoor bulk storage.

(Ord. 2020-4053. Passed 1-7-21.)

1131.13 OUTDOOR FURNACES.

Outdoor furnaces shall be considered accessory uses to permitted residential uses. Outdoor furnaces must meet all of the following requirements:

(a) A minimum lot size of one (1) acre.

(b) The unit shall be placed in the rear of the yard.

(d) The unit shall be placed at least 200 feet from any and all structures not served by the appliance and at least ten (10) feet from any and all structures served by the appliance.

(e) The flue or chimney shall extend a minimum of five (5) feet above the peak of any structure located within a 200-foot radius of the appliance.

(f) The unit shall have all spark guards and spark arrestors maintained in working order.

(g) Only seasoned untreated hardwood, corncobs, wood chips, or other fuels permitted and burned in compliance with the manufacturer's specifications shall be burned in the unit.

(h) Prohibited fuels and materials which shall not be burned include garbage, treated or painted wood, coal, tires, plastics, rubber products, yard waste, lawn clippings, papers, construction and demolition debris, plywood, particle board, manure, animal carcasses, asphalt or petroleum products, paints, chemicals or any substance that normally emits dense smoke or noxious odors. The unit shall not be utilized as a waste incinerator.

(i) All units shall be installed and operated according to the manufacturer's specifications and has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag.

(Ord. 2020-4053. Passed 1-7-21.)

1131.14 OUTDOOR SALES.

Temporary and permanent facilities for outdoor sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to the principal use may be permitted upon compliance with the following:

(a) Outdoor sales areas may be permitted provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building in the front yard.

(b) Outdoor sales are not permitted in the right-of-way, except in the B-1, Central Business District.

(d) Outdoor sales areas that are not located adjacent to the principal building shall not be located more than twenty (20) feet away from the principal building.

(e) The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five (5) feet of sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

(f) Outdoor sales areas may be permitted in the front yard, away from sidewalks and buildings, under the following provisions:

(1) The outdoor sales area shall not reduce the amount of off-street parking spaces provided to a number below the minimum number of required spaces; and

(2) No more than 2,400 square feet of the front yard (exclusive of display areas on a sidewalk or walkway) shall be dedicated to outdoor sales.

(Ord. 2020-4053. Passed 1-7-21.)

1131.15 PONDS, WATER GARDENS, FISH/COY PONDS.

(a) General.

(1) Ponds shall be conditionally permitted in the R-1, R-2 and R-3 Districts as a part of the overall design of a subdivision containing at least five (5) acres of land.

(2) Ponds shall be conditionally permitted in an industrial district as part of the overall design of an industrial plant or park containing at least three (3) acres.

(3) The minimum surface area shall be one-half (½) acre. The maximum surface area shall not exceed twenty-five percent (25%) of the net acreage of the parcel.

(4) The side slope of a pond shall be horizontal to vertical at a ratio of 3:1. The ratio shall be maintained to a minimum depth of seventeen (17) feet. Ponds that do not meet this ratio are required to be enclosed with a five (5) foot fence.

(5) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to a suitable outlet or drainage ditch.

(b) Setback.

(1) A pond shall have 100 feet minimum setback from any street right of way.

(2) Ponds on parcels of five (5) acres or less shall have a side yard setback of not less than ten percent (10%) of the width of the parcel, with a minimum setback of twenty-five (25) feet.

(3) A pond shall be located no closer than 100 feet to a septic tank or leach field.

(4) All ponds shall be located in the rear yard only.

(c) Refilling. The refilling of an area which has been excavated for development of a pond shall be considered waste disposal and shall meet the requirements as set forth by the Sandusky County Board of Health for solid waste disposal under Ohio R.C. 3734.05.

(d) Water Gardens and Coy Ponds.

(1) The water garden or fish coy ponds shall not be higher than seven (7) feet above existing grade.

(2) The water garden shall be no deeper than thirty-six (36) inches.

(3) The water garden or fish coy pond shall be located in a rear yard only.

(4) The water garden or fish/coy pond shall be no larger than five percent (5%) of total rear yard area.

(5) The required setbacks prescribed in Chapter 1143: Intensity and Dimensional Standards shall apply.

(6) The pond or the entire yard in which the water garden is located shall be walled or fenced to prevent uncontrolled access from the street or adjacent properties. The fence or wall shall not be less than four (4) feet in height unless the side slope of the pond or water garden is horizontal to vertical at a ratio of 3:1. All fish/coy ponds shall be fenced with a four (4) foot high fence and in accordance with Subsection 1131.18(f): Private Swimming Pools, Approved Fence.

(7) The refilling of an area which has been excavated for the development of a pond shall be considered waste disposal and shall meet the requirements as set forth by the Sandusky County Board of Health for solid waste disposal under Ohio R.C. 3734.05.

(Ord. 2020-4053. Passed 1-7-21.)

1131.16 SATELLITE DISHES.

Satellite dishes are permitted in all residential and commercial districts if located in a rear yard and all other setback requirements are met. (Ord. 2020-4053. Passed 1-7-21.)

1131.17 SOLAR ENERGY SYSTEMS.

(a) Applicability. The standards of this Section apply to all solar energy systems that are accessory to a principal structure or use.

(b) Review Procedure.

(1) The Engineering or Zoning Department shall review solar energy system applications except within a designated historic district.

(2) Within any designated historic district, the Architectural Review Board shall review solar energy system applications under the Certificate of Appropriateness (COA) provisions of Section 1169.04.

(1) Roof-mounted solar panels that are integrated with the surface layer of the roof structure or are mounted flush with the roof structure may be permitted on any roof surface of a principal building or accessory building.

(2) Roof-mounted solar panels that are mounted at an angle to the roof structure shall only be permitted on roof surfaces that face the side or rear lot.

(3) Solar panels may be mounted on flat roofs provided that panels do not extend horizontally past the roofline and there is a parapet wall or other architectural feature that screens the view of the panels from any street or sidewalk at the front elevation of the property.

(d) Ground-Mounted Solar Energy Systems.

(1) Ground-mounted solar energy systems shall only be permitted in the rear yard and shall be set back a minimum of ten (10) feet from all lot lines.

(2) Ground-mounted solar energy systems shall not be located in any required landscape buffer.

(3) The height of the ground-mounted solar collector and any mounts shall not exceed fifteen (15) for residential uses and eighteen (18) feet for non-residential uses when oriented at maximum tilt. Solar energy systems may exceed this height limit to the minimum extent necessary for their safe and efficient operation with site plan approval by the Planning Commission.

(4) Ground-mounted solar energy systems shall be screened from any adjacent streets and adjacent properties used for residential purposes to the extent possible, without compromising the solar energy system's access to the sun, through the use of architectural features, fencing, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

(5) All power transmission lines from a ground-mounted solar energy system to any structure must be located underground.

(e) Code Compliance. Solar Energy Systems shall conform to relevant and applicable local, state and national codes.

(f) Lot Coverage. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the property lot coverage limitations for the zoning district. See Section 1143.02: Intensity and Dimensional Standards Schedule.

(g) Solar Access. When locating a solar panel, it is the property owner's responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this Section shall prohibit the owner of the solar energy system from requesting or obtaining a solar access easement from any person in compliance with Ohio R.C. 5301.63 which sets forth the requirements for solar access.

(h) Abandonment and Removal. A ground-mounted solar energy system is considered to be abandoned or defective if it has not been in operation for a period of twelve (12) months. If abandoned, the solar energy system shall be repaired or removed by the owner within sixty (60) days.

(i) Definitions.

(1) "Abandonment" means the discontinued use of the solar energy generation system in whole or part.

(2) "Solar energy system" means the photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air and may include battery storage systems.

(3) "Solar panel" means any device used for collecting solar energy and converting it to electrical power.

(Ord. 2025-4259. Passed 7-17-25.)

1131.18 SWIMMING POOLS, PRIVATE.

No private swimming pool, except for portable swimming pools with a diameter less than twelve (12) feet, a water surface of less than 150 square feet and a depth of one and one-half (1.5) feet, shall be allowed in any district, except as an accessory use and unless it complies with all the following conditions and requirements:

(a) The pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.

(b) The pool may not be located in the front yard area nor closer than ten (10) feet to the rear or side lot line.

(c) The pool or entire yard in which the pool is located shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall be not less than four (4) feet in height and maintained in good condition with a gate or lock. Rails are not permitted in place of a wall or fence. See also Section 1131.07(g): Pool and Patio Fencing, for height limits for pool fences in the interior of a lot.

(d) The required fencing shall be in place within thirty (30) days after the swimming pool is constructed and filled.

(e) Prior to construction or erection of a private swimming pool, a zoning certificate is obtained.

(f) Approved Fence. An approved fence for a swimming pool shall be constructed so that the horizontal members are on the pool side of the enclosure and vertical members are not more than three inches apart. A building or existing wall may be used as part of such enclosure and all gates and doors shall be designed to self-close and self-lock and shall be kept locked when the pool is not in actual use or is left unattended. When the pool is above ground and the sides of the pool are forty-eight (48) inches high, or higher, and if all ladders are removed when not in use, they may serve as meeting the four (4) foot fence requirements.

(Ord. 2020-4053. Passed 1-7-21.)

1131.19 TEMPORARY USES AND STRUCTURES.

(a) Construction Work. Temporary structures for purposes incidental to construction work shall be permitted in any district during the period of construction. The building shall be removed upon completion of the construction.

(b) Temporary Activity. Temporary buildings may be permitted in conjunction with a temporary activity such as carnivals, bazaars, etc., which may be conducted for no more than seven (7) days. Zoning certificates shall be required for the buildings either individually or as a group. The buildings shall be removed twenty-four (24) hours after the completion of the activity.

(c) Temporary Storage in a Portable or Shipping Container. Temporary storage in a portable container or shipping container shall be allowed to serve a permitted use provided:

(1) It is placed on an existing improved hard, dust-free surface such as the driveway outside of the public right of way.

(2) Containers are prohibited within landscape areas, open spaces, stormwater basins, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

(3) A container on a lot shall be limited to a period not to exceed fourteen (14) days. No more than two (2) fourteen (14) day periods may be permitted for the same property within a twelve (12) month period.

(4) A zoning permit is required in the C and I Districts.

(5) Exception. See Section 1131.03(d) for portable, shipping, or semi-trailer container as an allowed accessory structure in commercial or industrial districts. (Ord. 2020-4053. Passed 1-7-21.)

1131.20 TRASH AND RECYCLING CONTAINERS.

In all zoning districts all refuse and recyclable materials shall be stored in personal trash/recycling containers or commercial dumpster containers.

(a) No trash/recycling containers shall be located or stored in the front yard of the premise.

(b) When a commercial dumpster is not utilized, trash/recycling cart containers may be placed at the curb the day before pick up and shall be removed not later than the day after the scheduled pick up. See City of Fremont recycling and refuse collection web page for specific curb set out and removal times.

(c) Containers should also comply with Chapter 943: Garbage and Rubbish; and Chapter 1701: Exterior Maintenance Code, of the City of Fremont Codified Ordinances.

(d) See also Section 1147.10: Screening Requirements for Dumpsters.

(Ord. 2020-4053. Passed 1-7-21.)

1131.21 WIND ENERGY SYSTEMS.

(a) Purpose. This Section regulates wind energy systems designed to primarily serve the on-site needs of a home, agriculture, institution, business, or industry.

(b) Applicability.

(1) No person, firm or corporation shall locate, construct, erect, maintain, extend or remove a wind energy system in the City without first obtaining a zoning certificate in compliance with the provisions of this Section.

(2) Wind energy systems in existence prior to April 1, 2010 shall not be required to meet the requirements of this Section. However, any modification to such a wind energy system shall be subject to the provisions of this Section.

(c) Review Process. The Planning Commission shall review wind energy systems applications as a Site Plan Review in accordance with Chapter 1161.

(d) Submission Requirements. In addition to the application requirements set forth in Chapter 1161, Site Plan Review, an application for a wind energy system shall include:

(1) Standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with all applicable state, county and city codes and certified by a licensed professional engineer. This analysis is typically supplied by the manufacturer. Original drawings are not required.

(2) Evidence of the “clear fall zone” as required in this Section.

(3) The maximum decibel level of the particular unit. This information must be obtained from the manufacturer of the turbine unit.

(4) A maintenance schedule as well as a dismantling or decommissioning plan that outlines how the unit will be removed. A decommissioning plan shall include the method of ensuring that funds will be available for decommissioning and restoration.

(5) Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this Section and Zoning Ordinance.

(6) Any documents reasonably deemed necessary by the Zoning Inspector.

(7) A non-refundable fee as established.

(e) Design and Installation.

(1) Design Safety Certification: The design of the wind energy system shall conform to applicable industry standards, including those of the American National Standards Institute.

(2) Wind energy systems shall comply with all applicable state construction and electrical codes and local building permit requirements.

(3) Wind energy systems shall comply with FAA regulations including any necessary approvals for installations close to Fremont Airport.

(4) Safety. An On-site Use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be twenty (20) feet for a wind energy system employing a horizontal axis rotor.

(5) Visual Appearance:

A. The color of a wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.

B. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety. If lighting is required, the applicant shall provide a copy of the Federal Aviation Administration determination to establish the required markings and/or lights for the wind energy system.

C. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, system owner and operator pursuant to Chapter 1149: Signs.

D. All wires and electrical apparatuses associated with the operation of a wind energy system unit shall be located underground.

(6) Climb Prevention/Locks:

A. Wind turbines shall not be climbable up to fifteen (15) feet above ground level.

B. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

(7) Maintenance:

A. All wind energy systems shall be maintained in good working order.

B. Any physical modification to the energy system that alters the mechanical load, mechanical load path, or major electrical components shall require reapplication.

(f) Setbacks.

(1) Buildings:

A. Wind turbines shall be set back from the nearest building, a distance not less than the normal setback requirements for that zoning classification or one hundred ten percent (110%) of the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the building.

B. Wind turbines shall be set back from the nearest building located on a nonparticipating landowner’s property a distance of not less than two (2) times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the building.

(2) Property Lines: All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 110 percent of the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

(g) Noise and Shadow Flicker.

(1) Audible sound from a wind energy system shall not exceed the noise standards in Section 1153.08: Noise, except during short-term events such as severe windstorms and utility outages. This information shall be obtained from the manufacturer of the turbine, and all readings, if necessary, shall be taken from the nearest neighboring property line.

(2) Wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. The applicant has the burden of proving that this does not have significant adverse impact on neighboring or adjacent uses either through sighting or mitigation.

(h) Decommissioning.

(1) The system owner and/or operator shall, at their expense, complete decommissioning of the wind energy system, or individual wind turbines, within twelve (12) months after the end of the useful life of the system or individual wind turbines.

(2) The wind energy system or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.

(3) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of thirty-six (36) inches, and any other associated systems.

(4) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(i) Definitions.

(1) “Applicant” means the person or entity filing an application under this Section.

(2) “Building” means a residence, school, hospital, church, public library or other structure used for public gathering.

(3) “Fall zone” means the area measured by using one hundred ten percent (110%) of the total height of the tower as the radius and the tower foundation as the center.

(4) “Hub height” means the distance measured from the surface of the tower foundation to the center of the turbine hub.

(5) “Operator” means the entity responsible for the day-to-day operation and maintenance of the wind energy system.

(6) “Shadow flicker” means shadow flicker occurs when the blades of the turbine rotor cast shadows that move across the ground and nearby structures.

(7) “Turbine height” means the distance measured from the existing grade to the highest point of the turbine rotor plane.

(8) “Wind turbine” means a wind energy system that converts wind energy into electricity using a wind turbine generator, and which includes the nacelle, rotor, tower, and pad transformer, if any.

(9) “Wind energy system” means a system that converts the kinetic energy of the wind into electricity available for use beyond that used by the system.