Fremont Municipal Code Ch. 18.30 Establishment and Designation of Districts

The districts hereby established and into which the city is divided are designated as follows:

(Ord. 87 § 8-2200; Ord. 135 § 1; Ord. 331 § 1; Ord. 391 § 1; Ord. 466 § 1; Ord. 477 § 1; Ord. 490 § 2; Ord. 734 § 2; Ord. 748 § 1; Ord. 915 § 2, 8-1-72; Ord. 968 § 2, 12-18-73; Ord. 1065 § 1, 9-9-75; Ord. 1120 § 15, 11-2-76; Ord. 1278 § 1, 10-3-78; Ord. 1377 § 2, 5-13-80; Ord. 1549 § 2, 3-22-83; Ord. 2045 § 61, 9-21-93; Ord. 5-2008 § 5, 4-1-08; Ord. 20-2012 § 1, 10-2-12; Ord. 22-2012 § 1, 12-4-12; Ord. 28-2014 § 3, 9-9-14; Ord. 15-2015 § 1, 6-2-15; Ord. 16-2015 § 29, 6-2-15; Ord. 04-2016 § 7, 3-1-16; Ord. 17-2016 § 9, 9-13-16; Ord. 27-2016 § 7, 12-6-16. 1990 Code § 8-2200.)

The designations, locations and boundaries of the aforesaid districts are set forth in Section 18.35.010, which consists of the zoning map or maps of the city. Such map or maps and all notations, references, data and other information shown thereon shall be and are hereby adopted and made a part of this title. (Ord. 87 § 8-2201. 1990 Code § 8-2201.)

Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the zoning maps, the planning commission, upon written application or upon its own motion, shall determine the location of such boundaries.

For those maps relating to the hill area, when more detailed material is made available such as topography maps, soils and geologic reports, public facilities capacity and the like, appropriate mapping and boundary changes may be made concerning toe of the hill, hill face, ridgelines, constrained lands and hill face open space or ridgeline at the staff level. (Ord. 87 § 8-2202; Ord. 1512 § 5, 8-3-82. 1990 Code § 8-2202.)

All territory hereafter annexed to the city shall be interimly zoned and classified as a part of that zoning district of the city specified by the city council by ordinance at the time of annexation thereof. Such annexed territory shall retain such zoning classification until such time as the necessary studies are made by the planning commission and the zoning district map is amended in the manner hereinafter provided to include such annexed territory. (Ord. 87 § 8-2203. 1990 Code § 8-2203.)

Except as hereinafter otherwise provided:

(a) No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building, land or premises is located.

(b) No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

(c) No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the district in which such building or open space is located.

(d) No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

(e) No building or part thereof, structure or swimming pool shall be located in any public utility easement, with the exception that encroachment of any appurtenance may be permitted into such an easement if written statements indicating no objection to the encroachment are submitted to the chief building official from any public utility agencies with rights and interests in the easement and if an agreement for the removal of structural appurtenances, properly notarized and signed by the property owner, is submitted to the community development director to be executed by the city and recorded on the property; provided, however, that such encroachment is in conformity with subsection (c) of this section. (Ord. 87 § 8-2204; Ord. 511 § 1; Ord. 987 § 2, 4-2-74; Ord. 1120 § 16, 11-2-76. 1990 Code § 8-2204.)