Fremont City Zoning Code
CHAPTER 1143
Intensity and Dimensional Standards
1143.01 COMPLIANCE REQUIRED.
Unless otherwise expressly stated, no building or structure shall be erected, altered or used except in accordance with the standards shown on the Intensity and Dimensional Standards Schedule of Section 1143.02. (Ord. 2020-4053. Passed 1-7-21.)
1143.02 INTENSITY AND DIMENSIONAL STANDARDS SCHEDULE.
Zoning District | ||||||||||
Standard | R-1 | R-2 | R-3 | R-O | B-1 | B-2 | I-1 | I-2 | C | IC |
Minimum Lot Size (sq. ft.) | 1,700 | 6,000 | 20,000 | 20,000 | 6,000 | 20,000 | ||||
Single Family | 8,500 | 6,000 | 6,000 | 6,000 | ||||||
Two Family | 6,000 | 9,000 | 6,000 | |||||||
Three family | 9,000 | |||||||||
Multi Family (per unit) | 2,500 | |||||||||
Zoning District | ||||||||||
Standard | R-1 | R-2 | R-3 | R-O | B-1 | B-2 | I-1 | I-2 | C | IC |
Minimum Lot Width at Building Line (ft.) | 60 | 20 | 60 | 100 | 100 | 60 | 100 | |||
Single Family Dwelling | 75 | 60 | 75 | |||||||
Two Family Dwelling | 72 | 90 | ||||||||
Three Family Dwelling | 90 | |||||||||
Multi Family Dwelling | 110 | |||||||||
Minimum Lot Area per Dwelling (sq. ft.) | n/a | n/a | n/a | n/a | n/a | n/a | ||||
Single Family Dwelling | 6,000 | 6,000 | 6,000 [a] | |||||||
Two Family Dwelling | 3,000 | 4,500 | 3,000 | |||||||
Three Family Dwelling | 3,000 | 2,500 | 3,000 [a] | |||||||
Multi Family Dwelling | 2,500 | |||||||||
Minimum Yard Setbacks (ft.) | ||||||||||
Front | 25 | 25 | 25 | 25 | 0 | 25 | 40 | 40 | 25 | 40 |
Side | 10 | 7 | 7 | 7 | 0 | 20 | 20 | 25 | 20 | 20 |
Rear, Principal buildings | 25 | 25 | 25 | 25 | 0 | 20 | 20 | 20 | 20 | 20 |
Rear, Accessory buildings or structures | 15 | 15 | 15 | 25 | 0 | 20 | 20 | 20 | 20 | 20 |
Lot Coverage (percent) | 25 | 40 | 40 | 40 | 100 | 50 | 60 | 60 | 30 | 50 |
Zoning District | ||||||||||
Standard | R-1 | R-2 | R-3 | R-O | B-1 | B-2 | I-1 | I-2 | C | IC |
Building Height, Maximum | ||||||||||
Stories | 2-1/2 | 2-1/2 | 3 | 2-1/2 | none | 3 | none | none | 3 | 3 |
Feet | 35 | 35 | 40 | 35 | none | 35 | none | none | 35 | 40 |
Table Notes
[a] Per unit combination use.
(Ord. 2020-4053. Passed 1-7-21.)
1143.03 DISTANCE BETWEEN STRUCTURES.
No structure shall be constructed within twelve (12) feet of an existing structure except in the B-1 Central Business District.
(Ord. 2020-4053. Passed 1-7-21.)
1143.04 DISTANCE MEASUREMENTS.
(a) Measurement. Unless otherwise expressly stated, distances specified in this Zoning Ordinance are to be measured as the length of an imaginary straight line joining those points.
(b) Distances Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area or other object. These distances are not measured by following the topography of the land.
Figure 1143.04-1: Distances Measured Horizontally
(Ord. 2020-4053. Passed 1-7-21.)
1143.05 LOT-AREA MEASUREMENTS.
(a) Measurement. The area of a lot includes the total horizontal surface area within the lot’s boundaries, not including rights-of-way.
(b) Contiguous Parcels. Two or more parcels, lots of record or platted lots that are contiguous and held in common ownership may be treated together as a single lot for purposes of this Zoning Ordinance, provided such lots are located in the same zoning district and provided they are combined on the same tax card. For nonconforming lots see Section 1175.04: Nonconforming Lots of Record.
(Ord. 2020-4053. Passed 1-7-21.)
1143.06 REDUCTION IN AREA PROHIBITED.
No lot, yard, court, parking, or other space shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this Zoning Ordinance unless approved as part of a PUD; and, if already less than the minimum required by this Zoning Ordinance, said area or dimensions shall not be further reduced.
(Ord. 2020-4053. Passed 1-7-21.)
1143.07 SETBACKS AND YARDS, MEASUREMENTS AND EXCEPTIONS.
(a) Measurements. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this Zoning Ordinance.
(b) Yards Required for Buildings. A yard or other open space required for a building shall not be included as part of a yard or other open space for another building.
(c) Variation in Front Yard. In any residential district, no front yard depth shall be required to exceed the average minimum depths of the existing front yards on the lots adjacent to each side, if each of such lots is within the same block and within 100 feet of the principal building. Modification of the front yard in accordance with this Section will not create a nonconforming lot unless the lot or structure does not meet other applicable provisions of this Zoning Ordinance.
Figure 1143.07-1: Illustration of the averaging of front yard setbacks. For example, in a district with a minimum front yard setback requirement of 50 feet, smaller setbacks may be allowed if the average front yard setbacks of surrounding properties are less than 50 feet.
(d) Architectural Projections.
(1) Projections Permitted. Projections into required yard areas are permitted as follows:
A. Architectural features such as canopies, cornices, eaves and other similar features may project not more than four (4) feet.
B. Bay windows, balconies or chimneys may project into a front, side or rear yard a distance not exceeding three (3) feet, provided that the aggregate width of such projections shall not exceed one-third (1/3) of the length of the wall upon which it is located.
(2) Projections for Disability Improvements. Ramps, elevators, escalators, and similar improvements or devices constructed or installed to provide access by persons with disabilities may extend or project into a required front, side or rear yard to the extent necessary to conform the accessibility device to design and materials specifications set forth in regulatory standards promulgated under the authority of the Americans with Disabilities Act.
(3) Projections Prohibited. Porches, carports and covered patios shall not project into the required yards.
(e) Interior Lots. The required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. The lot line located directly behind the rear of the structure shall be the rear lot line and the rear yard setback shall be applied. All other lot lines shall be considered the side lot lines and the side yard setback shall be applied.
Figure 1143.07-2: Typical yard locations on an interior lot.
(f) Corner Lot Yards. On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified for the district in which they are located. For the yards not fronting on a street one shall be considered a rear yard and the other a side yards and shall meet or exceed the rear and side yard requirements for the district.
Figure 1143.07-3: Typical yard locations for a corner lot.
(g) Corner Clearance for Traffic Visibility. In any zoning district, except the B-1 Central Business District, no obstructions higher than two (2) feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed or erected on any corner lot within a triangular portion of the land whose sides are defined as follows: two (2) sides shall be the two (2) intersecting street lines for distances of thirty (30) feet along the lot frontage from their point of intersection and the third side shall be a line connecting the ends of the other two (2) sides, extending obliquely across the corner lot. Also see Section 1147.16: Sight Visibility Triangle.
Figure 1143.07-4: Traffic visibility triangle for intersecting streets.
(h) Through Lot or Double Frontage Setback. On all through lots, the minimum front yard setback specified for the district in which the lot is located shall apply to each yard with street frontage.
Figure 1143.07-5: Through or Double Frontage Setback
(i) Cul-de-Sac or Curved-Street Lot. For a cul-de-sac lot or a lot abutting a curved street, the front yard setback shall follow the curve of the front property line.
Figure 1143.07-6: Cul-de-Sac or Curved-Street Lot
(Ord. 2020-4053. Passed 1-7-21.)
1143.08 LOT COVERAGE.
Lot coverage refers to the total area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three (3) feet of a roof overhang. Ground-level parking, open recreation areas, courtyards, patios and plazas are not to be counted as building coverage.
Figure 1143.08-1: Lot Coverage
(Ord. 2020-4053. Passed 1-7-21.)
1143.09 HEIGHT MEASUREMENTS AND EXCEPTIONS.
(a) Building Height Measurements. The height of buildings is the vertical distance from grade to the highest finished roof surface. "Height" of a building in stories does not include any basement and cellar, except that the basement or cellar shall be deemed a story when used for purposes other than storage or heating. A basement shall be counted as a story for the purposes of height measurements if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet.
(b) Fencing and Wall Height Measurements. For fence height measurements see Subsection 1131.07(i): Fencing and Screening, Measurements.
(c) Exceptions. The maximum heights specified for buildings contained in these regulations shall not apply to:
(1) Public facilities, churches and schools, provided that for each one (1) foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its required side and rear yard setbacks shall be increased by an additional one and one-half (1.5) feet and provided that the projection which exceeds the maximum height requirements of the zoning district does not exceed fifty percent (50%) of the ground floor area of the building.
(2) Flagpoles, radio or television antenna, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, silos and similar structures for bulk storage, grain elevators, mineral extraction and processing structures, or any similar structures, provided that such structures in their aggregate coverage occupy no more than twenty-five percent (25%) of the lot coverage of the principal and accessory buildings and shall not be less than twenty-five (25) feet from each lot line. Residential flagpoles, radio and television antenna shall be exempt from the twenty-five (25) foot side lot clearance.
(3) For PUD height exception see Section 1141.02(e): Minimum Residential Lot and Building Requirements, subsection(4).
(Ord. 2020-4053. Passed 1-7-21.)
1143.10 OPEN SPACE IN R-3 DISTRICT.
There shall be provided an area of at least 300 square feet of usable open space for each dwelling unit on any lot in a R-3 District. Such usable open space may be located anywhere on the lot, but shall not have a dimension less than fifteen (15) feet, a slope greater than five percent (5%) or be obstructed by access roads, parking areas or accessory buildings.
(Ord. 2020-4053. Passed 1-7-21.)
1143.11 INSTITUTIONAL CAMPUS DISTRICT STANDARDS.
(a) Intensity and dimensional standards in the IC Institutional Campus District shall be governed by the Institutional Campus Master Plan approval. Institutional Campus Master Plan applications shall contain the applicant’s detailed description of the standards proposed to be used within the subject IC District. See Section 1171.02: Institutional Campus (IC) Master Plan.
(b) Exceptions. Each foot of building height over the thirty-five (35) feet shall cause the required distance between the building and the side and rear property line of the IC district to be increased by one (1) foot.
(Ord. 2020-4053. Passed 1-7-21.)