ADU rules in Fremont

A detached accessory dwelling is a limited use (L) in every residential district: AG, R-L, R-A, R-1, R-2, R-3 and R-4. A limited use is approved by the Planning Director through a Limited Use Permit once the use-specific standards in §11-515(B) are met, with no public hearing. One detached, attached or internal ADU is allowed per lot, placed to the interior side or rear of the principal dwelling. Ordinance 5758 (adopted 8-25-2026) kept the residential column unchanged and added the use to the DC district (limited) and the NC and GC districts (conditional use); it is not listed in MH, FC, LI, GI or PA.

The same table row and standard cover attached and internal units: §11-515(B)(1) allows 'one (1) detached, attached, or internal accessory dwelling unit' per lot, as a limited use in AG, R-L, R-A and R-1 through R-4 (and DC since Ord. 5758). Approval is the Planning Director's Limited Use Permit followed by a building permit; an application that cannot meet every standard may instead seek a conditional use permit. The definition (§11-1201 'A' definitions, C) describes an ADU as 'a small, independent residential dwelling unit' that may be attached to the principal dwelling or a detached accessory building.

§11-515(B)(1)(a) caps a detached accessory dwelling at 800 square feet. A standalone detached unit may be no taller than 16 feet or the height of the principal dwelling, whichever is less; a unit above a detached garage may reach a combined 27 feet, again capped at the principal dwelling's height. The standard sets no size cap for attached or internal units. The superseded 2017 UDC capped ADUs at the lesser of 75 percent of the primary dwelling or 850 sq ft; that rule ended when Ord. 5730 took effect on 12-10-2025.

The owner must live on the property, on an ongoing basis: 'The principal dwelling or detached/attached accessory dwelling shall be the primary residence of the owner of the property.' Either unit may be the owner's home. Nebraska has no statute limiting owner-occupancy rules, so the local requirement governs.

§11-515(B)(4) requires at least one dedicated parking space for the ADU, in addition to the principal dwelling's required parking (two per unit for single-family detached under Table 11-601(B)(4)), placed so it does not block access to the principal dwelling's spaces. Where on-street parking is allowed, the curb space next to the lot can satisfy the extra space. The parking table itself has no separate ADU row in the 2025 code.

In every residential district the ADU is a limited use, approved by the Planning Director through a Limited Use Permit under §11-1003(D) when the use-specific standards and general criteria are met; there is no Planning Commission or City Council hearing. The Director may approve, approve with conditions, deny, or advance the application to the conditional use process, and an applicant who cannot meet every standard may apply for a conditional use permit (§11-501(A)(2)). A building permit follows; the limited use permit lapses after one year unless a building permit is obtained. Under Ord. 5758 the use is conditional (hearing) only in the NC and GC commercial districts.

The ADU standard does not bar renting either unit; its constraint is that the owner's primary residence must be the principal dwelling or the ADU, so only one unit can be rented. Short-term rental is a separate limited use in AG, R-L, R-A and R-1 through R-4 (Planning Director approval) with a maximum of two guests per bedroom and one parking space per bedroom. Ord. 5758 (8-25-2026) deleted the former rule that the short-term rental owner must live in Fremont's zoning jurisdiction. The code does not address separate sale of an ADU; the unit sits on the same lot as the principal dwelling.