A.

Title. The title of this document shall be known as the "Unified Development Code" of the City of Fremont ("the city").

B.

Short Title. The "Unified Development Code" of the city may also hereinafter be referred to as the "UDC" or "these regulations".

The provisions of these regulations are enacted to protect the public health, safety, morals, and general welfare of the community in accordance with the latest adopted version of the city's comprehensive plan, as amended from time to time. The provisions of these regulations are specifically intended to:

A.

Protect public health and safety, resiliency, and environmental quality by:

1.

Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses;

2.

Minimizing losses due to destruction by nature or acts of God; and

3.

Allowing for the orderly and timely reconstruction of property damaged by nature or acts of God.

B.

Protect the quality of life of the city's residents, business owners, employees, and visitors by:

1.

Promoting a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods;

2.

Ensuring the provision of adequate open space for light, air, and fire safety;

3.

Preserving and enhancing the character and quality of existing, stable neighborhoods;

4.

Allowing for reinvestment in existing neighborhoods; and

5.

Enhancing the visual character and attractiveness of the city through regulation of site and building design, as well as the enforcement of property maintenance regulations.

C.

Promote the city's economic opportunities by:

1.

Embracing the vitality of existing businesses and development of future employers in the city; and

2.

Encouraging the efficient use of available land in the city.

D.

Protect the fiscal and functional health of the city by:

1.

Fostering convenient, compatible, and efficient relationships among land uses;

2.

Encouraging mixed-use development and a compact pattern of growth;

3.

Preserving and enhancing property values; and

4.

Promoting a balanced supply of residential, commercial, and industrial land uses.

The provisions of the UDC shall be applicable to all property within the corporate limits of the City of Fremont and within two miles adjacent to the corporate limits as provided by Nebraska Revised Statutes ("NRS", or "Neb. Rev. Stat."), § 19-901 to 19-929, as amended from time to time.

This UDC shall be interpreted to establish the minimum requirements for the promotion of the public health, safety, and welfare. If any provision of this UDC conflicts with any other provision of this UDC, any other ordinance of the city, or any applicable state or federal law, the more restrictive provision shall apply unless it is preempted.

The city intends for this UDC and any amendments to it to be consistent with the comprehensive plan, as amended from time to time, and, it is the city's intent to amend these regulations whenever such action is deemed necessary to keep regulatory provisions in conformance with these plans.

These regulations shall be published in pamphlet and electronic forms and shall, together with the maps being a part of these regulations, be filed with the city clerk.

The effective date is the effective date set forth in the ordinance establishing and adopting the same.

Each application for development approval shall be evaluated by the regulations that were in effect at the time the application was submitted.

A.

Generally. It is the intent of the city to respect existing development approvals. Approved development plans may be carried out within the scope of the approved plans, including applicable standards in effect at the time of approval, provided that the approval was valid and has not exceeded the duration of approval in effect at the time of approval.

B.

Duration of Approvals. Development approvals that were valid on the effective date of these regulations for which a duration of approval was not specified, shall become invalid in accordance with the duration of approval specified in Subsection 11-314.12., Approval; Effect of Approval.

C.

Scope of Approvals. This section shall not be interpreted to confer rights upon an applicant or an applicant's property that is not set out within the approved documents associated with each permit.

A.

Generally. Conditions of development approvals that were granted prior to the effective date of these regulations remain in force, regardless of the standards of these regulations.

B.

Modification or Elimination of Conditions. Conditions of approvals that were imposed prior to the effective date of these regulations may be modified or eliminated pursuant to new applications that meet the procedures and standards of these regulations.

A.

Generally. Any violations of previous versions of any code or ordinance of the city shall continue to be a violation under this UDC and shall be subject to the penalties and enforcement set forth in the UDC (see Subsection 11-333.02., Violations).

B.

Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under these regulations.

A.

Generally. These regulations do not abrogate private restrictions that affect the use, development, or maintenance of property. Only the provisions of this UDC will be enforced on property located within the city and its extra-territorial jurisdiction.

B.

No Duty to Search for, Interpret, or Enforce Private Restrictions. Unless the city is a party to them, it will not take any of the following actions:

1.

Search for the existence of private restrictions;

2.

Interpret private restrictions; or

3.

Enforce private restrictions.

C.

No City Liability. The city may adopt policies and procedures to assist parties seeking information regarding the existence of private restrictions, but shall not be held accountable regarding the accuracy or completeness of such information.