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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 secondary 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) Secondary dwellings are not allowed on flag lots less than 12,500 square feet; and

(c) Secondary dwellings are not allowed on flag lots that did not exist or were not approved prior to August 29, 2014.

(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 secondary 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 secondary 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 Secondary Dwellings on Flag Lots.

1. Access Pole Width. To allow for an secondary 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 secondary dwellings) may take access off an individual pole or combined poles.

3. Building Height/Interior Setback.

a. Interior yard setbacks shall be at least 10 feet. In addition, at a point that is 8 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 secondary dwellings and the maximum building height of the primary dwelling for attached secondary dwellings.

b. 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.

c. This standard may be adjusted to allow for a secondary dwelling over an accessory building in accordance with EC 9.8030(34).

4. Driveway Standards.

a. Paving. The driveway paving width shall be as follows:

(1) For flag lots served by an individual pole, the minimum driveway width shall be 12 feet, and the maximum driveway paving width shall be 20 feet.

(2) For flag lots served by a combined pole, the driveway width shall be 20 feet or a lesser width as approved by the fire code official.

b. Driveway Setbacks. The driveway paving shall be setback from the edge of the pole as follows:

(1) For flag lots that are served by an individual pole, the driveway paving shall be setback a minimum of six feet.

(2) For flag lots that are served by a combined pole, the driveway paving shall be setback a minimum of 2.5 feet.

c. Driveway Use. Parking is not allowed on any portion of the pole.

d. Landscaping. The entire length of both sides of the pole, within the area between the driveway paving and the edge of the pole, shall be landscaped to meet the Low Screen Landscape Standard (L-2)in EC 9.6210(2)(a), except as follows:

(1) The shrubs required for continuous screen at EC 9.6210(2)(a)(1) shall be at least 45 inches high within three years and maintained at a height not to exceed 60 inches, with the intent to minimize headlight glare;

(2) The canopy tree requirement at EC 9.6210(2)(a)(2), is not applicable; and

(3) In lieu of a masonry wall or berm, a solid wood fence may be permitted where the bottom of the fence is no higher than 12 inches above grade and the top of the fence is at least 45 inches above grade.

5. Exceptions. Exceptions to driveway setback and landscaping standards are allowed where the affected adjacent property owners consent in writing on a form approved by the city.

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)(d).

(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; and Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014.)

* Code reviser’s note: This Section 9.2775, as amended by Ord. 20541, was remanded by LUBA. This version returns the code text to as it appeared prior to amendment by Ord. 20594.