The purpose of this article is to establish zoning districts, set out, generally, what the function, purpose and characteristics are for each district, and divides the city into zoning districts.

A.

Generally. This article:

1.

Establishes zoning district classifications;

2.

Sets forth district function, purpose and characteristics; and

3.

Divides the city into zoning districts.

B.

Zoning Districts. Set out in Section 11-403, Zoning Districts, are the districts that provide for the type and character of development that is allowed in various parts of the city. The zoning districts are shown on the official zoning map, which is established in Section 11-406, Official Zoning Map.

The zoning districts are categorized into 15 zoning district classifications, which are set out in Table 11-403.01., Residential Zoning Districts and Table 11-403.02., Nonresidential Zoning Districts. The classifications include:

Residential Zoning Districts

A.

Rural (R)

B.

Suburban Residential (SR)

C.

Auto-Urban Residential (AR)

D.

Urban Residential (UR)

E.

Mobile Home (MH)

Nonresidential Zoning Districts

F.

Suburban Commercial (SC)

G.

General Commercial (GC)

H.

Downtown Commercial (DC)

I.

Business Park (BP)

J.

Light Industrial (LI)

K.

General Industrial (GI)

L.

Aviation (AV)

M.

Port Authority (PA)

Overlay Districts

N.

Airport (AO) Overlay

O.

Floodway (FW) Overlay

P.

Flood Fringe (FF) Overlay

Q.

Historic Neighborhood (HN) Conservation Overlay

R.

Wellhead Protection (WP) Overlay

Special Districts

S.

Campus/University (CU)

T.

Parks and Open Space (PO)

U.

Planned Development (PD)

(Ord. No. 5642, § 1, 6-13-23)

An airport overlay district is hereby established for the purpose of ensuring that development within the areas of the city that are impacted by the Fremont Municipal Airport operations are compatible with the function and operations of the airport.

A.

Purpose. Consistent with the Nebraska Airport Zoning Act ("LB 140"), § 3-302, it is hereby found that an airport hazard endangers the lives and property of the users of an airport and occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared:

1.

That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;

2.

That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and

3.

That the prevention of airport hazards should be accomplished, to the extent legally possible, by the exercise of the city's police power, without compensation.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the city may raise and expend public funds and acquire land or property interests.

B.

Authority. The administration and enforcement of the regulations of this subsection is hereby granted to the zoning administrator, who shall review and act upon all applications for permits.

C.

Conflict. In the event of any conflict between the regulations of this UDC and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the city or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.

D.

Airport Zoning Commission. The planning commission is hereby appointed as the airport zoning commission, in accordance with LB 140, § 3-308, as amended from time to time.

E.

Applicability. All projects located within the AO district that exceed 150 feet in height shall be reviewed by the zoning administrator, in consultation with the airport manager, for compliance with the provisions of the AO district.

F.

Boundaries. The boundaries of the AO district are the extents of the airport zones as set out by the airport zoning map, Nebraska Department of Aeronautics, which is within the jurisdiction of the city.

G.

Interpretation. All features of property within the AO district shall comply with the applicable requirements of 14 CFR § 77. The city may require a study establishing compliance at the time of a rezoning request, and may also require a similar study at the time of application for development approval. The city's standard note requiring compliance with 14 CFR § 77 shall be required on all recorded development approvals. Where structures are allowed, the maximum height must not exceed the limitations of 14 CFR § 77 in effect at the time of permit issuance.

H.

Disclaimer. The degree of protection provided by this section is considered reasonable for regulatory purposes and is based on planning, engineering, and scientific methods of study, and in coordination with appropriate federal agencies. This section does not imply that areas outside of the airport zones will be totally free from aircraft hazards or noise, and, therefore, shall not create a liability on the part of the city, or any of its officers or employees, for any damages resulting from reliance on this section.

I.

Avigation Easement Required. This subsection applies to all land within the airport zones set out by the airport zoning map, Nebraska Department of Aeronautics, and to all development for which the zoning administrator, in consultation with the airport manager, or city council determines that conditions of approval are necessary to prevent or mitigate environmental impacts or hazards to navigation. Development approvals shall be conditioned upon recording an appropriate avigation easement over the lot or tract proposed for development. The easement shall:

1.

Be in a form reviewed and recommended by the city attorney and approved by the city council;

2.

Permit flight operations above the lot or tract proposed for development;

3.

Release the aircraft operator, the airport owner and operators, and the city from liability or responsibility for the effects of their flight operations;

4.

Recognize the right of the aircraft operator, the airport owner and operators, and the city to:

a.

Create noise, dust, fumes, vibration, the dispersion of fuel particles;

b.

Prohibit electrical interference and directed lighting or glare that would interfere with airport operations; and

c.

Remove, mark, or light structures or growth above heights specified in the easement.

5.

Run with the land with a perpetual term (except that it may be released by the city administrator only upon the permanent cessation of operations of the Fremont Municipal Airport);

6.

Include language stating that, where applicable, noise mitigation construction techniques are required to mitigate the noise to which the property is exposed; and

7.

Be recorded in the public records of Dodge County, Nebraska.

J.

Required Permit. It shall hereafter be unlawful to erect, construct, reconstruct, repair, or establish any building, transmission line, pole, tower, chimney, wires, or any other structure or appurtenance within the hazard area without first obtaining a permit. It shall also be unlawful to plant or replant any tree or other object of natural growth without the necessary permit.

1.

No permit will be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure, tree, or nonconforming use to be made, become higher, or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.

2.

A permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the zoning administrator before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted.

K.

Permit Exceptions.

1.

Within the outer area of the approach zones and within the turning zones, no permit shall be required for any construction or planting that is not higher than 75 feet above the nearest existing or proposed runway end.

2.

The repair, reconstruction, or replacement of nonconforming electric facilities will be permitted in compliance with LB 140, § 3-311(3), as amended from time to time.

L.

Required Annotations on Applications for Development Approval. Applications for development approval within the AO district shall depict the boundaries of the AO district and all airport zones on or in the vicinity of the lot or tract proposed for development.

M.

Required Annotations on Development Approvals.

1.

Generally. A specific note indicating the recording information for the avigation easement, shall be required on all development approvals.

2.

Site Plans and Plats. A note in a form approved by the city attorney shall be included on each site plan and each plat that is subject to this section, which discloses the existence of the noise mitigation construction technique requirement and states the applicant's and the applicant's successors in interest consent to the requirements and to the city's enforcement of the requirements.

3.

Additional Requirements. The city shall also require, as applicable, the following annotations or disclosures on site plans or plats:

d.

Excerpts of the regulations of this section (transcribed or summarized);

e.

Noise disclosure text; and

f.

Other notes that are intended to ensure full and adequate disclosure of the hazards and the development conditions applicable to the lot or tract proposed for development.

N.

Permitted Uses. The AO district shall permit airport uses, as well as related support facilities, provided that such permitted uses are not detrimental or hazardous to the safety of aircraft. All regulations that apply to the AV district shall also apply to the AO district, except where such regulations conflict with Federal Aviation Administration ("FAA") regulations.

O.

Criteria. In accordance with LB 140, § 3-309, as amended from time to time, in determining the appropriateness and applicability of regulations, the airport zoning commission shall consider:

1.

The character of the flying operations expected to be conducted at the airport;

2.

The nature of the terrain within the airport hazard area;

3.

The character of the neighborhood; and

4.

The uses to which the property to be zoned is put and adaptable.

P.

Conditions. In granting a permit, the zoning administrator may, if deemed advisable to effectuate the purposes of LB 140, and reasonable in the circumstances, condition a permit as to require the owner of the structure or tree to permit the city, at its own expense, to install, operate, and maintain such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

Q.

Use Restrictions. Notwithstanding any other provisions of this section, and in accordance with Section 11-723, Environmental Quality, no use may be made of land or water within any airport zone in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

R.

Height Limitations. Except as provided in this section, no building, transmission line, communication line, pole, tower, smoke-stack, chimney, wires, or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired, or established, nor shall any tree or other object of natural growth be allowed to grow above the height limit established for such zone.

S.

Nonconforming Uses and Improvements.

1.

Generally. See Section 11-320, Nonconformities.

2.

Electric Facilities. In accordance with LB 140, § 3-311, as amended from time to time, any electric facility that has not yet been constructed but that received, prior to August 1, 2013, zoning approval and a permit pursuant to LB 140, § 3-403, as amended from time to time, may be constructed and shall thereafter be considered an existing structure for the purposes of this provision. An electric facility made nonconforming by the adoption of these regulations may, without a permit, repair, reconstruct, or replace the electric facility if the height is not increased over its pre-existing height. Any construction, repair, reconstruction, or replacement of the electric facility, the height of which will exceed the pre-existing height shall require a permit. The permit shall be granted only upon a showing that the excess height will not establish or create an airport hazard or become a greater hazard to air navigation than previously existed.

A.

Statutory Authorization, Findings of Fact, and Purposes.

1.

Statutory Authorization. The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the public health, safety, general welfare, and property of the people of the state. The Legislature, in Nebraska Revised Statutes Sections 31-1001 to 31-1023 (as amended), has further assigned the responsibility to adopt, administer, and enforce floodplain management regulations to the county, city, or village with zoning jurisdiction over the floodprone area. Therefore the city council of the City of Fremont, Nebraska ordains as follows:

2.

Findings of Fact.

a.

Flood Losses Resulting from Periodic Inundation. The flood hazard areas of the City of Fremont, Nebraska are subject to inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

b.

General Causes of the Flood Losses. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities as well as the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others that are inadequately elevated or otherwise unprotected from flood damages.

c.

Methods Used to Analyze Flood Hazards. These regulations use a reasonable method of analyzing flood hazards, which consists of a series of interrelated steps:

1.

Selection of a regulatory flood based upon engineering calculations that allows a consideration of such flood factors as the expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood is selected for these regulations and is representative of large floods that are reasonably characteristic of what can be expected to occur on the particular streams subject to these regulations. The base flood is in the general order of a flood that could be expected to have a one percent (1%) chance of occurrence in any one year, as delineated on the FEMA Flood Insurance Study and other associated materials, as amended.

2.

Calculation of water surface profiles based on a hydrologic and hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the base flood.

3.

Computation of the floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

4.

Delineation of floodway encroachment lines within which no obstruction is allowed that would cause any water surface elevation increase along the floodway profile.

5.

Delineation of flood fringe, the area outside the floodway encroachment lines, but that still is subject to inundation by the base flood.

3.

Statement of Purpose. It is the purpose of these regulations to promote the public health, safety, and general welfare and to minimize those losses described in Subsection 11-405.02.A.2., by applying the provisions of these regulations to:

a.

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

b.

Require that uses vulnerable to floods, including public facilities that service such uses, be provided with flood protection at the time of initial construction.

c.

Reduce financial burdens from flood damage borne by the community, its governmental units, is residents, and its businesses by preventing excessive and unsafe development in areas subject to flooding.

d.

Assure that eligibility is maintained for property owners in the community to purchase flood insurance from the National Flood Insurance Program.

4.

Adherence to Regulations. The regulations of these regulations are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title 455, Chapter 1.

B.

General Provisions.

1.

Lands to Which These Regulations Apply. These regulations shall apply to all lands within the jurisdictions of the City of Fremont identified on the Flood Insurance Rate Map (FIRM) panels shown on the Index 31053CIND0D dated April 17, 2020, as Zones A, A1-30, AE, AO, or AH and within the Zoning Districts floodway and flood fringe established in Subsection 11-405.02.C., of these regulations. In all areas covered by these regulations, no development shall be allowed except upon the issuance of a floodplain development permit to develop, granted by the floodplain administrator or the governing body under such safeguards and restrictions as the city council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Subsections 11-405.02.D., and 11-405.02.E.

2.

Rules for Interpretation of District Boundaries. The boundaries of the floodway and the flood fringe overlay districts shall be determined by scaling distances on the official zoning map of on the effective Flood Insurance Rate Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit their own technical evidence, if so desired.

3.

Compliance. Within identified special flood hazard areas of this community, no development shall be located, extended, converted, or structurally altered without full compliance with the terms of these regulations and other applicable regulations.

4.

Abrogation and Greater Restrictions. These regulations do not intend to repeal, abrogate, or impair any existent easements, covenants, or deed restrictions. However, where these regulations impose greater restrictions, the provision of these regulations shall prevail. All other ordinances inconsistent with these regulations are hereby repealed to the extent of the inconsistency only.

5.

Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

6.

Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. These regulations do not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Fremont or any officer or employee thereof for any flood damages that may result from reliance on these regulations or any administrative decision lawfully made thereunder.

7.

Severability. If any section, clause, provision, or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.

C.

Establishment of Zoning Districts. Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the two following districts: a floodway overlay district and a flood fringe overlay district as identified in the Flood Insurance Study dated April 17, 2020, and on accompanying FIRM panels as established in Subsection 11-405.02.B.1. The flood fringe overlay district shall correspond to flood zones A, AE, A1-30, AH, AO, AR, A99, and floodway areas in Zone AE that are identified on FIRM panels. The floodway overlay district shall correspond to the floodway areas in Zone AE that are identified on the FIRM panels. Within these districts, all uses not meeting the standards of these regulations and those standards of the underlying zoning district shall be prohibited.

D.

Floodplain Management Administration.

a.

Designation of Floodplain Administrator. The community's Chief Building Inspector or their designee is hereby designated as the community's Floodplain Administrator. The floodplain administrator is authorized and directed to administer, implement, and enforce all provisions of these regulations. If the local floodplain administrator position is unfilled, the community CEO shall assume the duties and responsibilities herein.

b.

Permits Required. A floodplain development permit shall be required before any development, construction, or substantial improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate any floodplain development without first obtaining a floodplain development permit.

c.

Duties of the Floodplain Administrator. Duties of the floodplain administrator shall include, but not be limited to the following:

1.

Review, approve, or deny all applications for floodplain development permits.

2.

Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of these regulations have been satisfied.

3.

Review applications for proposed development to assure that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required.

4.

Review all subdivision proposals and other proposed new development, including mobile/manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.

5.

Notify adjacent communities and the Nebraska Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

6.

Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.

7.

Verify, record, and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures in the floodplain.

8.

Verify, record, and maintain record of the actual elevation (in relation to mean sea level) to which all new or substantially improved structures have been floodproofed.

9.

Verify, record, and maintain record of all improved or damaged structures to ensure compliance with standards in applicable sections. Track value of improvements and market value with permits. Also, ensure consistent market value estimations to evaluate against damaged or improved values.

10.

Ensure comprehensive development plan as amended is consistent with these regulations.

11.

In the event the floodplain administrator discovers work done that does not comply with applicable laws or ordinances, the floodplain administrator shall revoke the permit and work to correct any possible violation in accordance with these regulations.

d.

Application for Permit and Demonstration of Compliance.

1.

To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:

a.

Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit.

b.

Describe the land on which the proposed development is to be done by lot, block, tract, and house and streets address, or similar description that will readily identify and definitely locate the proposed building or development.

c.

Indicate the use or occupancy for which the proposed development is intended.

d.

Be accompanied by plans and specifications for proposed construction.

e.

Be signed by the permittee and authorized agent who may be required to submit evidence to indicate such authority.

2.

If any proposed development is located entirely or partially within a floodplain, applicants shall provide all information in sufficient detail and clarity to enable the floodplain administrator to determine that:

a.

All such proposals are consistent with the need to minimize flood damage;

b.

All utilities and facilities such as sewer, gas, water, electrical, and other systems are located and constructed to minimize or eliminate flood damage;

c.

Structures will be anchored to prevent flotation, collapse, or lateral movement;

d.

Construction materials are flood resistant;

e.

Appropriate practices to minimize flood damage have been utilized; and

f.

Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have been designed and located to prevent entry of floodwaters.

3.

For all new and substantially improved structures, an elevation certificate certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided to the floodplain administrator and be completed by a licensed surveyor, engineer, or architect.

4.

When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the floodplain administrator and be completed by a licensed professional engineer or architect.

5.

For all development proposed in the floodway, no-rise certification shall be provided to the floodplain administrator and be completed by a licensed professional engineer.

6.

Any other such information as reasonably may be required by the floodplain administrator shall be provided.

e.

Flood Data Required.

1.

All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development provisions of these regulations. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state, or other sources, including from a study commissioned by the applicant pursuant to best technical practices.

2.

Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one (1) foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.

3.

Letters of Map Revision: Federal regulations in Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.5 and 65.6 allow for changes to the special flood hazard area through a Letter of Map Revision (LOMR) or a Letter of Map Revision Based on Fill (LOMR-F), provided the community determines that the land and any existing or proposed structures that would be removed from the floodplain are "reasonably safe from flooding." The community acknowledgement form asserting this is required for LOMR and LOMR-F applications and must be signed by the floodplain administrator. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:

a.

Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.

b.

Applicant shall demonstrate that the property and any existing or proposed structures will be "reasonably safe from flooding," according to the minimum design standards in FEMA Technical Bulletin 10-01.

c.

All requirements listed in the Simplified Approach in FEMA Technical Bulletin 10-01 shall be met and documentation from a registered professional engineer shall be provided. If all of these requirements are not met, applicant must provide documentation in line with the Engineered Approach outlined in FEMA Technical Bulletin 10-01.]

f.

Variances and Appeals.

1.

Variance and Appeals Procedures.

a.

The Board of Adjustment as established by the City of Fremont shall hear and decide appeals and requests for variances from the requirements of these regulations.

b.

The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of these regulations.

c.

Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Nebraska Revised Statutes Section 23-168 (for counties) and Nebraska Revised Statutes Section 19-192 (for municipalities).

d.

In evaluating such appeals and requests, the Board of Adjustment shall consider technical evaluation, all relevant factors, standards specified in other sections of these regulations, and:

i.

The danger to life and property due to flooding or erosion damage;

ii.

The danger that materials may be swept onto other lands to the injury of others;

iii.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners;

iv.

The importance of the services provided by the proposed facility to the community;

v.

The necessity of the facility to have a waterfront location, where applicable;

vi.

The availability of alternative locations that are not subject to flooding or erosion damage for the proposed use;

vii.

The compatibility of the proposed use with existing and anticipated development;

viii.

The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;

ix.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

x.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and,

xi.

The costs of providing government services during and after flood conditions including emergency management services and maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.

2.

Conditions for Variances.

a.

Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant.

b.

Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights.

c.

Variances shall only be issued based upon a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

d.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items E-I below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

e.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure.

f.

Variances shall not be issued within any designated floodway if any increase in water surface elevations along the floodway profile during the base flood discharge would result.

g.

Variances shall only be issued upon a determination that the variance in the minimum necessary, considering the flood hazard, to afford relief.

h.

The applicant shall be given a written notice over the signature of a community that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by these regulations.

i.

All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the community.

g.

Enforcement.

1.

Violations. Failure to obtain a floodplain development permit or the failure of a structure or other development to be fully compliant with the provisions of these regulations shall constitute a violation. A structure or other development without a floodplain development permit, elevation certificate, certification by a licensed professional engineer of compliance with these regulations, or other evidence of compliance is presumed to be in violation until such time as documentation is provided.

2.

Notices. When the floodplain administrator or other authorized community representative determines, based on reasonable grounds, that there has been a violation of the provisions of these regulations, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:

a.

Be in writing;

b.

Include an explanation of the alleged violation;

c.

Allow a reasonable time for the performance of any remedial act required;

d.

Be served upon the property owner or their agent as the case may require; and

e.

Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provisions of these regulations.

3.

Penalties.

a.

Violation of the provisions of these regulations or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporate, or other entity that violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

b.

The imposition of such fines or penalties for any violation or non-compliance with these regulations shall not excuse the violation or non-compliance or allow it to continue. All such violations or non-compliant actions shall be remedied within an established and reasonable time.

c.

Nothing herein contained shall prevent the the City of Fremont or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

E.

Standards for Floodplain Development.

1.

General Provisions.

a.

Alteration or Relocation of a Watercourse.

1.

A watercourse or drainway shall not be altered or relocated in any way that in the event of a base flood or more frequent flood will alter the flood carrying characteristics of the watercourse or drainway to the detriment of upstream, downstream, or adjacent locations.

2.

No alteration or relocation shall be made until all adjacent communities that may be affected by such action and the Nebraska Department of Natural Resources have been notified and all applicable permits obtained. Evidence of such notification shall be submitted to the Federal Emergency Management Agency.

b.

Encroachments.

1.

When proposing to permit any of the following encroachments, the standards in Subsection 11-405.02.E.1.b.2., shall apply:

a.

Any development that will cause a rise in the base flood elevations within the floodway; or

b.

Any development in Zones A, A1-30, and Zone AE without a designated floodway that will cause a rise of more than one foot in the base flood elevation; or

c.

Alteration or relocation of a stream; then

2.

The applicant shall:

a.

Apply to FEMA for conditional approval of such action via the Conditional Letter of Map Revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.12) prior to the permit for the encroachments; and

b.

Supply full package to the floodplain administrator including any required notifications to potentially affected property owners.

c.

Apply for the LOMR as soon as practicable after construction is complete but no later than six months after completion.

c.

Floodway Overlay District.

1.

Standards for the Floodway Overlay District:

a.

New structures for human habitation are prohibited. Once a structure is substantially damaged or substantially improved it is considered a new structure.

b.

All encroachments, including fill, new construction, substantial improvements, and other development must be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the development shall not result in any increase in water surface elevations along the floodway profile during the occurrence of the base flood discharge. These uses are also subject to all the standards of Subsection 11-405.02.E.

c.

In Zone A areas, obtain, review, and reasonably utilize any flood elevation and floodway data available through federal, state, or other sources or Subsection 11-405.02.E.3.h., in meeting the standards of this section.

2.

Only uses having a low flood-damage potential and not obstructing flood flows shall be allowed within the Floodway Overlay District to the extent that they are not prohibited by any other ordinance. The following are recommended uses for the Floodway Overlay District:

a.

Agricultural uses such as general farming, pasture, nurseries, and forestry.

b.

Residential uses such as lawns, gardens, parking, and play areas.

c.

Nonresidential uses such as loading areas, parking, and airport landing strips.

d.

Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, and wildlife and nature preserves.

2.

Elevation and Floodproofing Requirements.

a.

Residential Structures.

1.

In Zones A, AE, A1-30, and AH, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation.

2.

In Zone AO, all new construction and substantial improvements shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as depth in feet specified on the FIRM plus one (1) foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two (2) feet plus one (1) foot of freeboard.

3.

In the floodway, new structures for human habitation are prohibited. If an existing structure is substantially damaged or substantially improved it is treated as a new structure.

b.

Nonresidential Structures.

1.

In Zones A, AE, A1-30, and AH, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation or together with attendant utility and sanitary facilities, floodproofed so that below the one (1) foot above the base flood elevation:

a.

The structure is watertight with walls substantially impermeable to the passage of water; and

b.

The structure has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in Subsection 11-405.02.D.

2.

In Zone AO, all new construction and substantial improvements shall have the lowest floor elevated above the highest adjacent grade at least as high as one (1) foot above the depth number specified in feet on the FIRM or, if no depth number is specified on the FIRM, at least as high as three (3) feet; or, together with attendant utility and sanitary facilities, floodproofed so that below one (1) foot above the base flood elevation:

a.

The structure is watertight with walls substantially impermeable to the passage of water; and

b.

The structure has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in Subsection 11-405.02.D.

A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in Subsection 11-405.02.D.

c.

Space Below Lowest Floor.

1.

Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be used solely for the parking of vehicles, building access, or limited storage of readily removable items.

2.

Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum or two openings having a net total area of not less than one (1) square inch for every one (1) square foot of enclosed space,

b.

The bottom of all openings shall not be higher than one (1) foot above grade, and

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they allow the automatic entry and exit of floodwaters.

d.

Appurtenant Structures. Structures accessory to a principal building may have the lowest floor below one foot above base flood elevation provided that the structure complies with the following requirements:

a.

The structure shall not be used for human habitation.

b.

The use of the structure must be limited to parking of vehicles or storage of items readily removable in the event of a flood warning.

c.

The floor area shall not exceed 800 square feet.

d.

The structure shall have a low damage potential.

e.

The structure must be adequately anchored to prevent flotation, collapse, or other lateral movement.

f.

The structure shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

i.

A minimum of two openings having a net area of not less than one (1) square inch for every one (1) square foot of enclosed space,

ii.

The bottom of all openings shall not be higher than one (1) foot above grade, and

iii.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they allow the automatic entry and exit of floodwaters.

g.

No utilities shall be installed except electrical fixtures in the structure, which must be elevated or floodproofed to one (1) foot above base flood elevation.

h.

The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

i.

If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.

e.

Mobile/Manufactured Homes.

1.

Require that all mobile homes to be placed or substantially improved within floodplains on sites:

a.

Outside of a mobile/manufactured home park or subdivision,

b.

In a new mobile/manufactured home park or subdivision,

c.

In an expansion to an existing mobile/manufactured home park or subdivision, or

d.

In an existing mobile/manufactured home park or subdivision on which a manufactured home as incurred substantial damage as the result of a flood,

Be elevated on a permanent foundation such that the lowest floor of the mobile/manufactured home is at or above one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this Section. Mechanical, electrical and HVAC equipment shall be elevated at least one (1) foot above the base flood elevation.

2.

Require that mobile/manufactured homes to be placed or substantially improved on sites in an existing mobile/manufactured home park or subdivision within special flood hazard areas that are not subject to the provisions of Subsection 11-405.02.E.2.c., be elevated so that either;

a.

The lowest floor of the mobile/manufactured home is at or above one (1) foot above the base flood elevation, or

b.

The chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Subsection 11-405.02.E.2.d.4.

c.

Mechanical, electrical and HVAC equipment shall be elevated to provide at least one (1) foot of freeboard above the base flood elevation.

3.

New mobile/manufactured home parks of five (5) acres or fifty (50) lots, whichever is less, shall follow the standards of Subsection 11-405.02.E.3.h.

4.

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

a.

Over-the-top ties be provided at each of the four corners of the mobile/manufactured home, with two additional ties per side at intermediate locations and mobile/manufactured homes less than 50 feet long requiring one additional tie per side;

b.

Frame ties be provided at each corner of the mobile/manufactured home with five additional ties per side at intermediate points and mobile/manufactured homes less than 50 feet long requiring four additional ties per side;

c.

Any additions to the mobile/manufactured home be similarly anchored.

f.

Existing Structures.

1.

The provisions of these regulations do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to a structure in the floodplain, a floodplain development is required and the provisions of 11-405.02.E.2.e (2 and 3) shall apply.

2.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure where the costs of which would equal or exceed fifty (50) percent of the pre-improvement market value shall constitute a substantial improvement and shall fully comply with the provisions of these regulations.

3.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure in the floodway shall comply with the provisions of 405.02.E.2.e.1.

4.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that will change the compliance requirements of the building shall require applicable documentation including an elevation certificate, floodproofing certificate, or no rise certification.

3.

Design and Construction Standards.

a.

Anchoring. All buildings or structures shall be firmly anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

Building Materials and Utilities.

1.

All buildings or structures located in Zones A, AE, A1-30, and AH, shall have their mechanical, electrical, heating, ventilation, air conditioning, plumbing, and any other service utilities elevated to or above one (1) foot above the base flood elevation.

2.

All buildings or structures located in Zone AO, shall have their mechanical, electrical, heating, ventilation, air conditioning, plumbing, and any other service utilities elevated above the highest adjacent at least as high as depth in feet specified on the FIRM plus one (1) foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two (2) feet plus one (1) foot of freeboard.

c.

Drainage. Within Zones AO and AH, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

d.

Water Supply and Sanitary Sewer Systems.

1.

All new or replacement water supply and sanitary sewer systems shall be located, designed, and constructed to minimize or eliminate flood damages to such systems and the infiltration of floodwaters into the systems.

2.

All new or replacement sanitary sewage systems shall be designed to minimize or eliminate discharge from the system into floodwaters.

3.

On-site waste disposal systems shall be located and designed to avoid impairment to them or contamination from them during flooding.

e.

Other Utilities. All other utilities such as gas lines, telephone, and other utilities shall be located and constructed to minimize or eliminate flood damage to such utilities and facilities.

f.

Storage of Materials.

1.

The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

2.

The storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

g.

Recreational Vehicles. Recreational vehicles to be placed on sites within the floodplain shall:

a.

Be on site for fewer than 180 consecutive days; and

b.

Be fully licensed and ready for highway use, which shall mean it is on its wheels or jacking system, is attached to the site by only quick-disconnect type utilities and security devices, and no permanently attached additions; or

c.

Meet the permit requirements and the elevation and anchoring requirements for manufactured homes of these regulations.

h.

Subdivisions. Subdivision proposals and other proposed new development, including mobile/manufactured home parks or subdivisions, shall require assurance that:

1.

All such proposals are consistent with the need to minimize flood damage;

2.

All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage;

3.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

4.

Proposals for development (including proposals for mobile/manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is less, where base flood elevation data are not available, shall be supported by hydrologic and hydraulic analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for Conditional Letters of Map Revision and a Letters of Map Revision.

F.

Nonconforming Use.

1.

A structure or use of a structure or premises that was lawful before the passage or amendment of these regulations, but that is not in conformity with the provisions of these regulations may be continued subject to the following conditions:

a.

If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to these regulations. The Utility Department shall notify the floodplain administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.

b.

Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

2.

If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of these regulations. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, or safety code or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

G.

Amendments.

1.

The regulations, restrictions, and boundaries set forth in these regulations may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in federal, state, or local regulations provided, however, that no such action may be taken until after a public hearing in relation thereto, at which citizens and parties in interest shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Fremont. At least 10 days shall elapse between the date of this publication and the public hearing.

2.

A copy of such amendments will be provided to the Nebraska Department of Natural Resources and the Federal Emergency Management Agency for review and approval before being adopted.

(Ord. No. 5612, § 1(Att. A), 4-26-22)

A.

Purpose. The HN District enables the adoption of special performance and development standards in combination with site development regulations of a base district for areas of special historical or architectural significance within the city. The district recognizes the importance of historically and architecturally significant districts to the character of Fremont and provides for their conservation.

B.

Application and Use. The HN District provides an opportunity to establish and apply special development controls and standards for areas in Fremont with special physical or design characteristics. Examples of these standards may include, but are not limited to:

1.

Variations or substitutions of development regulations, including revised minimum and maximum setbacks, lot sizes, heights, and other regulations, based on the unique characteristics of the neighborhood;

2.

Requirements for building design, materials, features, and orientations;

3.

Special requirements or permissions for signage;

4.

Limitations on maximum size and scale of buildings; or

5.

Limitations on location of parking, driveways, and other features that have an impact on the fabric of a traditional neighborhood.

C.

Applicability. All projects located within the HN District are subject to the standards set out in this UDC.

D.

Designation of Historic Properties or Districts. Refer to Subsection 11-316.06., Designation of Historic Properties or Districts.

E.

Boundaries. The boundaries of the HN District are as set out on the zoning map.

F.

Permitted Uses. The uses that are allowed by right (permitted), allowed subject to special standards (limited) or processes (conditional) are the same as those for the Suburban Residential (SR) district, as set out in Section 11-502, Land Use Tables and Section 11-504, Limited and Conditional Uses.

G.

Development Standards. Development, redevelopment, and substantial improvements shall be in accordance with the standards set out in Section 11-603, Standards for Nonresidential and Mixed Use Development.

A.

Purpose. The purpose of the WP overlay district is to assist operators of public water supply systems in providing protection for wells through regulation of land uses which have the potential for contamination of the groundwater sources serving the wells.

B.

Application. This district shall be applied to Wellhead Protection Areas ("WPA's") that are officially approved by the NDEQ for a twenty-year time of travel recharge zone. This WP overlay district and its standards and regulations shall apply to all lands within the jurisdiction of the city identified on the WPA's map entitled: "Fremont (South Wellfield), Dodge County, Nebraska, drawn by the NDEQ, Wellhead Protection Program Map, dated September 2009, Exhibit A". This map shall be adopted as a part of, and concurrent with this UDC.

C.

Boundaries. The public water supply operator shall place signs designating the boundaries of the WPA's where public roads cross the boundary. In the event the boundaries of any officially approved WPA's do not follow easily identifiable boundaries, the zoning administrator, or at the zoning administrator's discretion, the planning commission shall make a determination using the criteria set out in Section 11-406, Official Zoning Map, Subsection F., Interpreting the Zoning Map.

D.

Permitted Uses. The uses that are allowed by right (permitted), allowed subject to special standards (limited) or processes (conditional) are the same as those for the Rural (R) district, as set out in Section 11-502, Land Use Tables.

The CU district is intended to provide for a master planned campus environment for educational, research and development, office, and institutional uses.

A.

Purpose. The purpose of the CU district is to accommodate the uses and activities associated with education, research and development and institutions, both public and private, while protecting the value and integrity of the adjacent low density residential neighborhoods. Furthermore, the district is intended to establish advanced planning and ongoing coordination with campus administration in their campus master planning and development program.

B.

Application. All projects located within the CU district are subject to the standards set out in this UDC.

C.

Boundaries. The boundaries of the CU district are as set out on the zoning map. These boundaries generally include the main campus, together with other contiguous lands that are owned or leased. Upon consideration and determination by the city council, a fringe area may be included in the district for uses affiliated with or ancillary to, such as, but not limited to, offices, meeting rooms, laboratories and other facilities for educational, fraternal, professional, religious, and research organizations and institutions with a demonstrated relationship, as well as libraries, art galleries, museums, and other nonprofit cultural facilities.

D.

Permitted Uses. The uses that are allowed by right (permitted), allowed subject to special standards (limited) or processes (conditional) are set out in Section 11-502, Land Use Tables and Section 11-504, Limited and Conditional Uses.

E.

Development Standards. Development, redevelopment, and substantial improvements shall be in accordance with the standards set out in Section 11-603, Standards for Nonresidential and Mixed Use Development.

A.

Purpose. The PO district is designed to identify and preserve public and private parks, land dedicated to the preservation of open space and areas with valuable environmental qualities.

B.

Application and Use. This district is used to delineate properties that are dedicated to recreational activities and protection of dedicated green belts, environmental features and natural resources.

C.

Boundaries. The boundaries of the PO districts are as set out on the zoning map.

D.

Permitted Uses. The uses that are allowed by right (permitted), allowed subject to special standards (limited) or processes (conditional) are set out in Section 11-502, Land Use Tables and Section 11-504, Limited and Conditional Uses.

E.

Development Standards. Development, redevelopment, and substantial improvements shall be in accordance with the standards set out in Section 11-603, Standards for Nonresidential and Mixed Use Development.

A.

General Purpose and Description. The purpose of the planned development regulations is to encourage flexibility in the use and development of land in order to promote its most appropriate use; to provide a high level of urban amenities; to preserve the quality of the natural environment; and to provide flexibility in the development of land subject to development standards coordinated with the provisions of necessary public services and facilities.

B.

Pre-Application Review. Prior to filing an application, the application shall be reviewed by the zoning administrator. Zoning administrator review is for the purpose of providing information to the applicant prior to their entering into binding contractual commitments or incurring substantial expense in the preparation of plans, surveys or other data.

C.

Application of Planned Development (PD) District Provisions. An application for a planned development district is considered the same as a zoning change, and is therefore made to the planning commission and city council in the same manner that an application for zoning change is made according to these regulations.

1.

The application for PD zoning shall be accompanied by a development site plan, the appropriate filing fee, along with a list of supplemental development regulations, which will become a part of the amending ordinance and be referenced on the zoning map. Changes in the development site plan or supplemental development regulations shall be considered the same as changes in the zoning map. The proposed application and site plan shall be processed as required except that minor changes, which do not cause any of the following circumstances to occur, may be authorized by the zoning administrator, or his/her designee:

a.

A five percent or greater increase in the gross floor areas of structures;

b.

Any substantial and material changes in external effects on adjacent property, such as noise, heat, light, glare and vibration;

c.

A five percent or greater increase in the height of structures;

d.

A five percent or greater reduction in the originally approved setbacks from property lines; and/or

e.

A five percent or greater reduction in the ratio of off-street parking and loading spaces.

2.

The zoning administrator may prepare a written report analyzing the development site plan, and such report may be provided to the planning commission and the applicant prior to the public hearing. Upon recommendation by the planning commission, the request shall be forwarded to the city council for consideration.

3.

Approval of a PD district shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district, in accordance with an approved development plan, shall supersede all existing and prior zoning classifications. Such property shall for zoning purposes be identified by the letters "PD" followed by an identifying number, said number coinciding with the ordinance enacting the same.

D.

Standards. All PD districts shall, at a minimum, satisfy the following standards and requirements:

1.

Uses Permitted. The development plan shall specify, both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses as are to be permitted, identified as permitted uses, conditional uses, and prohibited uses. The city council may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions.

In making its determinations of the uses to be permitted within the PD district, the city council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with other adopted plans and policies.

2.

Intensity of Development. The development plan shall contain provisions to regulate the intensity of development within the PD district. Such provisions may apply to the project as a whole or to subareas within the project, as appropriate.

a.

For residential development, the density of residential dwelling units within a PD district shall be computed in accordance with a formula identified as part of the development plan. Such density formula shall be accompanied by supporting documentation and logic behind the density formula.

The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of these regulations. The development plan shall specify distribution of residential density for the project as a whole or for subareas within the project as appropriate. In making its determination regarding the distribution of residential densities, the city council may consider compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services, and the consistency with the master plan, the comprehensive plan, and/or other adopted plans and policies.

b.

For non-residential development, the intensity of development may be regulated:

1.

By specifying an appropriate FAR;

2.

By specifying maximum square footage or gross leasable area;

3.

By specifying setbacks, height and bulk restrictions; or

4.

By a combination of such restrictions for the project as a whole or for components or subareas within the project.

3.

Bulk, Area and Height Requirements. The development plan shall specify bulk, area and height restrictions for the project as a whole and for subareas and/or components of the project as appropriate. The city council may impose alternate or additional standards or restrictions to achieve the intent of these regulations. In making its determination regarding such standards or restrictions, the city council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, the general character and scale of similar developments within the area of the proposal, and the consistency with adopted plans and policies.

4.

Public Facilities. The development plan shall specify conditions, restrictions and standards relating to the timely provisions of necessary public facilities as appropriate. The city council may impose conditions, restrictions and standards as appropriate to achieve the intent of these regulations. In making its determination regarding such conditions, restrictions and standards, the city council may consider the adequacy of existing facilities, the timely provision of adequate facilities and the overall cost to the community.

5.

Access to Public Thoroughfares. The development plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The city council may impose such access standards and restrictions as necessary to protect the integrity and function of the city's thoroughfare system and to otherwise achieve the intent of these regulations. In making its determination regarding such access standards and restriction, the council may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns on other adopted plans and policies.

6.

Off-Street Parking and Loading Requirements. Unless specifically modified by the development plan, the off-street parking and loading requirements contained within these regulations shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to density and/or occupancy characteristics of the project and/or the availability of public transportation.

7.

Signs. Unless specifically modified by the development plan, the sign regulations contained within these regulations shall apply. Modifications to the sign regulations shall be approved only if the general intent to the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

8.

Perimeter Treatment. The development plan shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The city council may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

E.

Application process.

1.

Procedure. Applications for PD district designation shall be processed pursuant to a three-step review process as specified in this subsection. The three-step procedure shall include:

a.

A pre-application conference with the zoning administrator;

b.

A preliminary development plan (planning commission); and

c.

A final development plan (city council).

2.

Pre-application conference. The pre-application conference is an informal procedure to assist the applicant in meeting various requirements of the city and to provide an early preview of the application.

3.

Preliminary development plan. Upon satisfying the pre-application conference requirement, an applicant may submit an application to the planning commission. The following information shall, at a minimum, be included in the application:

a.

A legal description of the site proposed for PD designation, including a statement regarding present ownership and present zoning;

b.

A master conceptual plan that indicates lot or tract locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; the intensity of land use in the development and each land use component, if appropriate; the amount of land in common area open space, recreation use or public use, if appropriate; and the treatment of project boundaries;

c.

Written text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site layouts, if appropriate; provisions for maintenance of common areas; any proposed agreements, dedications or easements; any proposed private covenants and restrictions; and any other information required by this subsection or pertinent to a determination of compliance with this subsection;

d.

A circulation plan that indicates roads adjoining the property; the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project (the circulation plan may be included as part of the master conceptual plan);

e.

An improvement plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal including method and location of sewage discharge; methods and facilities for the management of storm water runoff; improvements to streets and roads; and any other physical improvements required to support the project;

f.

A statistical summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project; the gross and net residential density within the project and within each land use component of the project; and floor area, FAR's, open space ratios, and other data relating the intensity of the development to the site size and location; and

g.

A parking analysis showing that the total parking demand for uses in the Planned Development District does not exceed the total supply of available parking spaces.

h.

The following elements may be required at the request of the planning commission:

1.

A sign plan which indicates the location, size and design and other pertinent provisions relating to signs within the project;

2.

A parking plan which shows the number of parking spaces as well as their general location and design; and/or

3.

An environmental impact statement indicating possible problem areas within the site as well as solutions to these problems as intended by the developer.

4.

Final development plan. The city council, after public hearing and proper notice to all parties affected, and after recommendation from the planning commission, shall review the planned development zoning request for final approval.

A.

Generally. Zoning districts are shown on the map entitled "Official Zoning Map of the City of Fremont" (referred to hereinafter as "official zoning map" or "zoning map"), which is attached hereto and made part of this UDC. An official copy of the zoning map is on file and available for inspection during regular business hours at the office of the city clerk. This map shall bear the signature of the mayor attested by the city clerk under the certification that this is the official zoning map referred to by these regulations.

B.

Force and Effect. The zoning map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of, and concurrent with this UDC.

C.

Status of the Zoning Map. The zoning map that is on file at the department shall control in the event of a conflict between the map that is on file and any other reproduction of the zoning map.

D.

Effective Date. This UDC may be adopted before the zoning map. In such case, this UDC will become effective at the time the zoning map is adopted.

E.

Changes. The city council may from time to time adopt a new official zoning map, which shall supersede the prior zoning map, in the event that the zoning map becomes damaged or destroyed, for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions. However, such adoption shall not have the effect of amending the UDC or any subsequent amendment thereof.

F.

Interpreting the Zoning Map. Where the zoning map appears to be unclear regarding the location of district boundaries, the board of adjustment shall make a determination using the following criteria:

1.

Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the zoning map, the features on the ground control.

2.

Corporate Limits. Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.

3.

Section Lines. Where district boundaries are indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines, such lines shall be considered the district boundaries.

4.

Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.

5.

Watercourses. Boundaries shown as following, or approximately following, the centerline of drainage ways, streams, water bodies, or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

6.

Unsubdivided Land or No Identifiable Feature. On unsubdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:

a.

Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries.

b.

Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the zoning map, if any.

c.

Map Scale. The boundary shall be located using the map scale appearing on the zoning map.

G.

Annexed and Undesignated Lands. For the purposes of ensuring that all land has a zoning designation, any land that is not assigned a zoning district on the zoning map or any land that is annexed into the city shall be zoned in accordance with the adopted version of the Future Land Use Plan. Alternatively such lands shall be zoned Rural (R).

H.

Conflicts Resolved. In the event of a conflict between the district boundaries on the zoning map and the zoning of property provided by a duly enacted rezoning ordinance adopted before the effective date of this UDC, the zoning map shall control.