Flag lots for single-family dwellings located in an agricultural or residential zone may be allowed to accommodate the development of land that otherwise cannot reasonably be developed under the regulations contained in this title or other titles adopted by the city. The primary purpose of allowing flag lots is not to make development of land easier and more profitable. Rather, allowance of flag lots is intended to serve as a "last resort" for land which may not otherwise be reasonably subdivided under ordinary lot development standards.
  1. Factors To Be Considered: When land is subdivided, flag lots shall not be approved by right but may be allowed after considering the following:
    1. More than two (2) flag lots with contiguous staffs shall not be approved.
    2. Whether development of the property in question under otherwise applicable provisions of this title is reasonable and practical.
    3. Creation of a flag lot shall not foreclose the possibility of future development of large adjacent interior lots unless a street can be extended to such lots from other property.
  2. Locational Limitations: Flag lots shall be created only on a legally created lot of record which abuts State Highway 38.
  3. Findings Required: Flag lots shall be prohibited unless all of the following findings are made:
    1. The flag lot is located in an agricultural or rural residential zone.
    2. The developer provides written and illustratory evidence showing property development with and without proposed flag lots which demonstrates:
      1. Flag lots will result in more efficient use of land.
      2. The design of the flag lots are compatible with the design of the overall subdivision and adjacent property.
      3. No other viable subdivision design alternatives exist that will allow for a conventional lot, including consideration of:
        1. The current, proposed, or alternative zoning;
        2. The possibility of incorporating the subject property with adjacent property to achieve a more unified development of the area and eliminate the need for a flag lot;
        3. Alternative street designs and improvements; and
        4. Any other reasonable means that would render a flag lot unnecessary.
      4. Access to the flag lot is provided through the pole portion of the lot.
  4. Development Standards: When permitted, a flag lot shall be subject to the following development standards:
    1. A flag lot shall be comprised of a staff (narrow) portion that is contiguous with a flag (wide) portion.
    2. The staff portion of the lot shall front on and be contiguous to a public street. The minimum width of the staff portion at any point shall be thirty three feet (33').
    3. The size of the flag portion of a lot shall conform to the minimum lot size requirement of the zone where the lot is located. Sufficient turnaround space for emergency vehicles shall be provided near the buildable area on the lot.
    4. The staff portion of a flag lot shall be:
      1. Used only for ingress/egress.
      2. Landscaped in harmony with other adjacent property.
      3. Improved with a hard surface such as concrete, asphalt or compacted road base with a dust prevention treatment.
    5. The front yard of a flag lot shall be on the side of the flag portion which connects to the staff. Yard setbacks shall conform to the setback requirements of the zone in which the flag lot is located.
    6. A main building shall be located not more than three hundred feet (300') from a fire hydrant, measured along a public or private right of way or along the staff portion of a flag lot. An easement for any fire hydrant located on private property shall be provided to the city for access to and maintenance of the hydrant.
    7. Upon review the city may require installation of curb, gutter, and other drainage control measures in the staff portion of a flag lot to prevent runoff from entering neighboring properties.
    8. Clear address signage shall be installed and maintained at the street by the owner, including notice that the driveway is a private right of way.
    9. All improvements to or on a flag lot, including installation of the hard surface and fire hydrants, shall be provided at the subdivider's expense. No certificate of occupancy shall be issued for the proposed flag lot until improvements are fully installed. Required improvements and applicable conditions of approval for a flag lot shall be constructed and bonded pursuant to chapter 33 of this title.
    10. In addition to the above minimum requirements, the planning commission may, as part of a preliminary or final subdivision plat approval, impose additional conditions on a flag lot including, but not limited to, the following:
      1. Fencing and screening requirements.
      2. Location and height of the dwelling.
      3. Installation of one or more fire hydrants.
      4. Additional off street parking and/or backup space designed in accordance with standards set forth in chapter 19 of this title.

HISTORY
Adopted by Ord. 2007-02 on 7/11/2007