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(1) Purpose. Residential flag lots allow lots to be created in cases where there is adequate lot area to divide the property into 2 or more lots but not enough street frontage to meet the standard minimum requirement and where creation of a street is not necessary to meet connectivity standards. The standards require access for fire protection. The intent is to provide additional housing opportunities and to promote the efficient use of residential land. Home occupations and accessory dwellings are limited because of limited access and the greater impacts these uses would place on abutting sites.

(2) Measurements.

(a) Flag Lot Dimensions. Residential flag lot width dimension is measured from the mid-point between two opposite lot lines of the flag portion of the lot.

(b) Flag Lot Area Calculations. When calculating lot area, only the flag portion is counted. (See Figure 9.2775(2) Residential Flag Lot Description.)

(3) Land Division Regulations.

(a) Flag Lot Area. The required minimum lot area for the flag lot, excluding the pole portion of the lot, is 6,000 square feet. The original lot, prior to creation of the flag lot, shall be at least 13,500 square feet.

(b) Lot Dimensions. The minimum average lot width is 50 feet.

(c) Access Pole. The minimum width for the pole portion of 1 flag lot is 15 feet. If 2 or more flag lots will use the same access driveway, the minimum combined width of the pole portions shall be 25 feet. A street may be required. The maximum number of flag lots taking access off the same access driveway is 4.

(d) Ownership. The access pole must be part of the flag lot and must be under the same ownership as the flag portion.

(e) Land Division Review. All applicable regulations for the type of land division process being used must be met except where the residential flag lot standards create different requirements.

(4) Use Regulations. Residential flag lots have the same land use regulations as the base zone except:

(a) Home occupations are not allowed on residential flag lots less than 13,500 square feet;

(b) Accessory dwellings are not allowed on flag lots less than 12,500 square feet.

(5) Development Standards.

(a) Generally. All base zone requirements must be met, unless otherwise stated in this section.

(b) Setbacks. For any new building, residential flag lots shall have a minimum 10 foot building setback along all lot lines. Except for accessory dwellings, the special flag lot setback standard does not apply to flag lots that received final plat approval by December 25, 2002.

(c) Access. Motor vehicle access from a public street to a residential flag lot may be obtained in one of the following three ways:

1. Via the pole portion of the lot,

2. Via an easement to use a driveway on an abutting property, or

3. Via an existing alley.

(d) Minimum Paving and Landscaping.

1. Except as provided in subsection (e) below for accessory dwellings, the minimum paving of the driveway used for access shall be as follows:

1 rear lot

12 feet

2 to 4 rear lots

20 feet* (Street may be required.)

*If approved by the planning director as necessary to preserve existing natural features, paving width may be reduced to 17½ feet, except for the first 25 feet back from the sidewalk if both sides of the driveway are landscaped in accordance with a landscape plan.

2. Driveways serving the flag lots and parking areas shall be constructed of at least 4 inch thick Portland Cement concrete, or 2½ inch compacted asphaltic concrete mix on 6 inches of 3/4 minus compacted crushed rock base, or an approved equal. Base placement of driveways and parking areas shall be approved by the city manager prior to final surfacing. If an abutting property’s access drive is used:

a. An access easement-maintenance agreement is required, which shall be recorded in the Lane County office of Deeds and Records, and

b. The abutting property shall meet off-street parking requirements for that property.

3. If access is provided via an existing unimproved alley, a petition for improvement is required. The alley must be able to provide automobile and emergency vehicle access to a public street.

4. Whether or not the portion of the flag lot with public street frontage is used for access, it shall remain free of structures and be available for possible future access to a public street.

5. Each rear lot or parcel shall have 2 off-street parking spaces located outside of the pole portion of the flag lot.

(e) Additional Standards for Accessory Dwellings on Flag Lots.

1. Access Pole Width. To allow for an accessory dwelling on flag lots existing or approved prior to August 29, 2014, that do not have legal access other than the individual or combined pole, the minimum width of the individual or combined pole shall be 25 feet.

2. Access. No more than four dwellings (including primary and accessory dwellings) may take access off an individual pole or combined poles.

3. Building Height/Interior Setback.

a. Except as provided in subsection b. below, interior yard setbacks shall be at least 10 feet. In addition, at a point that is 10 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line until a point not to exceed a maximum building height of 18 feet for detached accessory dwellings and the maximum building height of the primary dwelling for attached accessory dwellings.

b. For an accessory dwelling located above a garage or located where there is a grade change of 5 feet or more when measured from lowest finished grade to highest finished grade at points within a 5-foot horizontal distance of the exterior walls of the accessory dwelling (See Figure 9.2751(17)(a)3.b.(2)(A) Building Height Calculation & Sloped Setback for Sloped Lots), the following standards apply:

(1) For an interior lot line that is not addressed in b.(2) below, the minimum interior yard setback from that lot line is 10 feet and the maximum building height is 25 feet.

(2) Where an interior lot line abuts property that is zoned R-1, R-1.5, S-C/R-1 or S-RN/LDR, the interior yard setbacks shall be at least 10 feet. In addition, at a point that is 18 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line to a maximum building height of 25 feet. If the building is setback a minimum of 20 feet from an interior property line, the sloped portion of the setback does not apply along that property line. (See Figure 9.2751(17)(a)3.b.(2)(B) Accessory Dwelling Above Garage)

c. Exceptions. If the accessory dwelling is above a garage or on a slope as described in EC 9.2775(5)(e)3.b. above, an accessory dwelling’s dormers may intrude into the sloped portion of any interior yard setback if:

(1) The total width of all dormers does not exceed fifty percent of the width of the roof on which the dormers are located (for hipped roofs, the width of the roof shall be measured at the eave); and

(2) The walls of the dormer(s) are set back a minimum of 2 feet from the face of all exterior building walls of the accessory dwelling.

(See Figure 9.2751(17)(a)3.c.(2) Dormer Placement & Size Calculation)

d. The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in a. above, except that eaves and chimneys are allowed to project into this setback no more than 2 feet.

(6) Adjustments. The standards at EC 9.2775(5)(e)4.b. and d. regarding driveway setbacks and landscaping may be adjusted in accordance with EC 9.8030(34)(b).

(Section 9.2775, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20270, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; and Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020.)