(a) Flag lots and easement access lots shall be permitted only if it can be demonstrated by the applicant that the subdivision cannot be physically designed and that no reasonable alternative exists. The basis for a reasonable alternative shall include the following:
(1) Topographic constraints or irregularly shaped land in which no alternative exists;
(2) Natural features such as ponds, streams, wetlands, or buffers exist which would limit street construction and/or lot design;
(3) A long narrow parent parcel which would limit alternative designs;
(4) A parent parcel that has limited or no direct road frontage which would require the use of a flagpole or easement with no alternative design available;
(5) No alternative access is available or feasible such as a paved subdivision street or cul-de-sac street constructed to NCDOT standards.
(b) It is the responsibility of the applicant to present evidence to the planning board that one or more of the hardships listed in subsection (a) exist.
(c) Any decision of the waiver described in subsection (a) may be appealed to the Johnston County Board of Adjustment as described in section 14-592 of the land development code.
(d) All flag lots or easement access lots within a major subdivision shall meet the following requirements:
(1) A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures;
(2) The minimum flagpole width shall be 30 feet;
(3) The minimum separation between the flagpole portion of the lot and that of another flag lot shall be 100 feet;
(4) Where public water is available, the occupied building on the flag lot shall be within 500 feet of a fire hydrant. This distance shall be measured along the street, then along the flagpole, then in a straight line to the building thereon;
(5) Where public sewer is available, the occupied building on the lot shall have a gravity service line, or the sewer pump requirements shall be noted on the recorded plat;
(6) Use of a single driveway to serve the flag lot and an adjoining lot is permitted and encouraged. In the case of a shared driveway, the location of the driveway shall be on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole; and
(7) Designate the building footprint and orientation of the house on the preliminary plat.
(e) The flagpole portion of a lot shall not be used to calculate the area, width, or setbacks of the lot for the zoning district in which the lot is located.
(Ord. of 7-10-2000, § 5.10.4.1; Amend. of 12-12-2005(2); Amend. of 6-1-2009(2); Amend. of - - )