17-36-060 SUPPLEMENTARY AND QUALIFYING REGULATIONS: LOTS AND DWELLINGS ON PRIVATE STREETS--SPECIAL PROVISIONS

Notwithstanding the requirements found in this municipal code relative to lot standards, the planning commission may consider the approval of flag lots to be developed upon the conditions set forth in this section. After determination by the planning commission that standard lots are not feasible in a given circumstance, the commission may, in order to encourage the more efficient use of land, allow flag lots to be developed either as a part of or separate from a platted subdivision, subject to the following conditions: A. Flag lots shall be permitted only by conditional use permit under the policies and procedures enacted for obtaining such permits. B. The planning commission must first find that the affected property cannot be used, by subdividing or otherwise, with public streets and standard-shaped lots, either at the present time or in the reasonably foreseeable future. C. Property may be approved for flag lot use only in the R-1 single-family residential district, and not otherwise. All lot size and setback requirements of the R-1 single-family residential district shall apply to the flag lot and the staff portion of the flag lots shall not be counted in calculating the size of the flag lot. D. The staff portion of the proposed flag lot shall front on a dedicated and improved street. The staff portion of the flag lot shall be owned by the owner of the flag lot. Agreements for rights of way to access flag lots, whether the same are written or otherwise, will not be acknowledged or permitted by the City. E. The minimum width for the staff portion of the flag lot shall be twenty-five (25) feet. The staff portion of the flag lot shall serve as a corridor for public utilities unless a more feasible corridor or access exists. The property owner of the flag lot shall be responsible for installing and maintaining all utility lines and other apparatus. The City metering and maintenance responsibilities shall end at the public street on which the staff portion of the flag lots abuts. F. Only one flag lot may be served by any one staff portion of the flag lot. G. No building or construction, except for driveway, shall be allowed on the staff portion of the flag lot. H. The front of the flag lot shall be deemed to be the side nearest the dedicated public street upon which the staff portion fronts. I. The staff portion of the flag lot shall be kept clean and unobstructed at all times by the property owner in order to permit clear passage for emergency response vehicles and City service personnel. J. No structure on the adjacent lots located in front of the flag lot shall be closer to the staff portion of the flag lot than eight feet. K. The owners of any lots located in front of a proposed flag lot shall be notified by the City if the date and time at which the flag lot request shall be considered by the planning commission. (Ord. 97-04-02 §2: Ord. dated 5/14/82 §12-316)