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(a) The director of planning may approve, pursuant to a preliminary parcel map, not more than one flag lot, as defined in Title 18 of this code, under the following conditions:
(1) The flag lot shall be used only for single-family residential use;
(2) The flag lot shall meet all of the requirements of the zone district within which it is
located and, in addition, shall have an area which exceeds the lot area requirement of the zone district by not less than twenty percent exclusive of any portion of the lot used for access to a public street.
(3) Access from the flag lot to a public street shall not be over an easement but over land under the same ownership as the flag lot. Such access shall have a minimum width of fifteen feet and shall have a paved way not less than ten feet in width.
(4) Notwithstanding the foregoing, if the flag lot or adjacent lot to be created contains a residence with recorded preservation covenants, the flag lot area is not required to exceed the low requirement of the zone district and the flag lot access may be over an easement or land under the same ownership, the access shall have a minimum width of twelve feet for a maximum length no more than 100 feet, and shall have a paved way not less than ten feet in width, and no request for nor approval of exceptions to said standards shall be required.
(b) Notwithstanding the foregoing, the creation of flag lots, as defined in Title 18 of this code, shall be prohibited in the R-1 single- family residence district, and no exceptions shall be granted therefore; provided, however, that:
(1) Flag lots may be created in the R-1 zone district as long as a preservation covenant is recorded for a historic resource located on the flag lot or on an adjacent lot to be created; and
(2) Flag lots in the R-1 zone district shall comply with the requirements stated in subsection (a), except that smaller lot areas may be approved pursuant to Section 18.12.140 of Title 18.
(3) Flag lots validly existing in the R-1 district as of the effective date of said prohibition shall, nonetheless, be recognized as legal lots for purposes of this Title 21 only. Development of such existing flag lots shall be subject to all applicable provisions of Title 18 of this code as of the date of any such proposed development.
(Ord. 5476 § 1, 2019: Ord. 5051 § 8, 2009: Ord. 3850 § 2, 1989)