17.32.290 Flag lots.
1. Purpose. Flag lots are intended to allow reasonable utilization of property that has sufficient acreage for development, but lacks the required street frontage. Flag lots may be considered on parcels where the extension of public streets cannot or should not be extended due to the disruption of sensitive lands and natural features, or potential of significant impacts to the surrounding neighborhood that would be caused by a public street. Although standard frontage requirements and public roadways are encouraged, the intent of this chapter is to allow flag lots if the development is the most harmonious to the existing subdivision layout and/or is the least disruptive configuration for the neighborhood. Additionally, flag lots may be considered for properties that have topographic constraints, off lot configuration, constraints caused by the built environment, etc., for which access by a public road is not feasible. It is not the intent of this chapter to promote flat lots in order to merely “maximize” the number of potential lots within a subdivision or to alleviate subdividing hardships that are self-imposed.
2. Flag lots are only permitted when one (1) of the following two (2) circumstances exists:
a. At the time of application, development using standard public streets is not possible. The property has specific constraints that limit access, public street frontage, and/or construction of a standard public roadway. These abnormal constraints may be restrictive topography, constraints caused by built environment, irregular lot configuration, ownership limitations, environmental constraints such as wetlands, springs, ditches, or canals, etc.
b. Development using standard public streets is possible, but not in the best interest of the public.
3. In order to demonstrate that this circumstance exists, the applicant shall provide preliminary development plans showing the development with and without the proposed flag lot that demonstrate that each of the following characteristics is present:
a. The design of the flag lot is harmonious and compatible with the configuration of the overall subdivision and/or neighborhood and will not adversely affect the living environment of the surrounding area.
b. Standard public street construction would cause disruption to the neighborhood in a significant physical or aesthetic manner, therefore making the flag lot access preferable to a public street.
c. Development of the flag lot will decrease public infrastructure while still providing in-fill development and efficient use of the land that is compatible with Lindon City development standards.
4. Assuming an application meets the criteria in number 2 above, no more than one (1) flag lot shall be permitted at the time of an initial subdivision application unless, at their sole discretion, the planning commission and city council determine that additional flag lots within a development provide for the most compatible overall design within a neighborhood. As stated in Section 17.32.020, it is not the intent of the city to promote flag lots in order for developers to merely “maximize” the number of potential lots within a subdivision.
5. A flag lot must be a minimum of twenty thousand (20,000) square feet, and the remaining parcel from which the flag was created must meet or exceed the minimum lot area requirements of the zone in which it is located. The square footage calculation of such lots shall not include the area of any driveway access (flag pole) for the flag lot.
6. Frontage, driveway and development procedures apply as follows:
a. The lot shall have at least twenty-five feet (25') of frontage on a dedicated public street, which frontage serves as access only to the subject lot. The twenty-five-foot (25') width shall be maintained for the full length of the “flag pole” portion of the platted lot.
b. Prior to recording the subdivision plat, the developer shall post a bond with the city to cover installation of the driveway and utilities to the end of the “flag pole” portion of the lot.
c. Prior to issuance of a building permit for a dwelling on the flag lot, installation of road base for the driveway and utilities shall be installed to at least the end of the “flag pole” portion of the lot.
d. The driveway serving the flag lot must have a surface traversable by a fire truck that is at least twenty feet (20') wide, of which sixteen feet (16') must be paved with a hard surface prior to the issuance of a certificate of occupancy for the proposed dwelling. Where a fire hydrant is located along the “flag pole” portion of the lot the width of the lot adjacent to the fire hydrant must be thirty-one feet (31') wide (rather than twenty-five feet (25') wide), and the surface traversable by a fire truck must be at least twenty-six feet (26') wide (rather than twenty feet (20') wide).
e. Prior to issuance of a certificate of occupancy for a dwelling on a flag lot, the edges of the driveway area (flag pole) that are not paved shall be landscaped and properly maintained. Such landscaping shall not hinder emergency vehicle access to the property.
f. An adequate emergency vehicle turn-around at the end of the driveway shall be constructed as approved by the fire chief. An accessible fire hydrant shall be located within two hundred feet (200') of any dwelling on the flag lot. Possible adverse impacts of excessive driveway lengths shall be considered by the planning commission, city council, and emergency services.
g. No parking or storage of any kind shall be allowed on the designated driveway.
h. A flag lot driveway shall not serve more than one (1) lot, and shall have no more than one (1) dwelling unit and an accessory apartment per lot. Other than accessory apartments, R2 Overlay projects are not permitted on flag lots.
i. Adjoining lots shall not be permitted to have access from a flag lot driveway.
7. Construction of residences and accessory buildings on flag lots shall be limited to a maximum building height of thirty-five feet (35') from finished grade. Building height restrictions shall be noted on the subdivision plat.
8. In order to further regulate the height of proposed structures, fill at the perimeter of buildings on the flag lot shall be limited to no more than four feet (4') above the street grade from which the property has access. Properties that have a pre-existing grade that is higher than four feet (4') above the street level are exempted from this fill limitation. The planning director and city engineer may waive or modify the four-foot (4') “fill limitation” in specific instances where the fill limitation is found to be overly burdensome to the property owner (ex., the limited fill would prohibit utility connections to the dwelling, or the limited fill creates drainage problems that cannot be reasonably mitigated, etc.).
9. The address of the dwelling on the flag lot shall be clearly displayed and visible from the public road and shall be maintained in a way to differentiate the flag lot from any adjacent properties.
10. Setbacks for the residence on the flag lot shall be defined as follows: Front yard setback shall be thirty feet (30'), rear yard setback shall be thirty feet (30'), and side yard setbacks shall be fifteen feet (15') on each side yard of the dwelling unit. Minimum setbacks shall be noted on the subdivision plat.
11. For purposes of determining the setbacks of the flag lot, the front property line shall be the nearest line that is most parallel with the street from which the driveway accesses. Orientation of the dwelling is not regulated.
12. Accessory structures for flag lots may be permitted in accordance with the applicable section of the Lindon City Code, but shall be limited to twenty-five (25') maximum height. No accessory buildings shall be permitted on the “flag pole” portion of the driveway of the flag lot.
13. Flag lots shall only be permitted in the R1-12 and R1-20 zones.
14. Unless otherwise approved by the planning commission, all flag lot driveway access points on a public road must have at least two (2) legal parcels located between any other flag lot driveway on the same side of the street. Flag lots may only be adjacent to each other if the flag lots are accessed from different roadways or at least two (2) legal parcels are located between any other flag lot driveway on the same side of the street.
15. In addition to the minimum requirements above, the planning commission may impose additional conditions on flag lots including, but not limited to, the following:
a. Fencing and screening requirements.
b. Installation of one (1) or more fire hydrants or other safety related items.
c. Installation of curb and/or gutter along private drives.
d. Other conditions that increase the compatibility of the proposed project with existing conditions and surroundings.
16. Due to the typical nature of flag lots being created from long, deep parcels, flag lots are exempted from any width-to-depth ratio requirements. (Ord. 2023-22 §1, renumbered, 2023; Ord. 2015-01, amended, 2015; Ord. 2008-2, amended, 2008; Ord. 2007-10, amended, 2007; Ord. 2006-8, amended, 2006; Ord. 2002-12, amended, 2002; Ord. 2001-8, amended, 2001; Ord. 99-14, amended, 2000. Formerly 17.32.320)