(A) "Flag lot" means a flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street.
(B) All flag lots shall be approved as a special provision to the Land Use and Development Code by the Planning Commission. The Planning Commission may grant approval only if 1) The applicant makes written application for a flag lot on a form approved by the Planning Commission and pays the required fees at the time the application is submitted; 2) there are special circumstances attached to the property that do not generally apply to other properties in the same area and; 3) the Planning Commission specifically finds that all of the following conditions are met as to the proposed flag lot:
(1) It is necessary, reasonable and feasible to allow the flag lot in the area;
(2) Approval of a flag lot in the area will not substantially affect the general plan;
(3) Approval of a flag lot in the area will not be contrary to the public interest;
(4) The staff of the flag lot has a minimum width of 30 feet;
(5) The staff of the flag lot has a maximum length of 250 feet;
(6) The flag lot, exclusive of the staff portion meets all of the zoning requirements of a lot in the area in which it is located; or be a minimum of one-half or one acre in lot size depending upon the residential zone; and
(7) The applicant for a flag lot has prepared a plan showing the location of fire hydrants to serve the flag lot and that plan has been approved by the Fire Marshall.
(D) The Planning Commission may impose such additional requirements or conditions on the proposed flag lot as it deems necessary.
(E) The staff portion of a flag lot shall be used only as for ingress/egress. The staff portion shall be landscaped to be in harmony with other adjacent property and shall be improved by the installation of an improved hard surface such as concrete, asphalt or compacted road base.
(F) All improvements to the flag lot, including installation of the hard surface and fire hydrants, shall be performed at the applicants expense. No certificate of occupancy shall be issued for the proposed flag lot until the improvements are fully installed.
(G) Flag lots shall be approved only in subdivisions containing four lots or fewer.
(H) The Planning Commission may hold a public hearing on each flag lot application it receives. Notice of such hearings shall be given to property owners within a 300-foot radius of the proposed flag lot. The costs of such notices shall be paid by the applicant.
(Ord. 2008-001, passed - -2008; Ord. passed 2-11-2020) Penalty, see §
155.999