Derby City Zoning Code
ARTICLE VIII
Flag Lots
§ 195-62 Flag lot regulations.
A.
In the R-1 and R-2 Zones, flag lots, which are part of a formal subdivision/resubdivision application pending approval by the Commission, are permitted, subject to the submittal and approval of a special exception application, only if said flag lots are in accordance with:
(1)
Subsection C and §§ 195-47B and 195-48 of these regulations; and
(2)
All other applicable sections of these regulations.
B.
In Residential and P Zones, a lot of record may be divided to form a flag lot subject to approval of a special exception and provided that:
(1)
Said flag lots are in accordance with Subsection C and § 195-47B of these regulations.
(2)
Said flag lots are in accordance with all applicable sections of these regulations.
(3)
A special exception for a flag lot shall not be granted in conjunction with any flag lot created by the resubdivision of any lot(s) which is part of any subdivision approved after the effective date of this regulation (i.e., a flag lot cannot be resubdivided into another flag lot).
(4)
A note shall be placed on each interior lot of all record subdivision plans approved after the effective date of this regulation stating, "This lot shall not be resubdivided to form additional interior lot(s)."
C.
General land characteristics.
(1)
The purpose of allowing interior lots is to allow for some flexibility in site design so as to:
(a)
Take advantage of unique topographical situations;
(b)
Create a more cost-effective development which promotes the optimum usage of land; and
(c)
Allow for a greater degree of density along streets when additional street construction is not justifiable.
(2)
A "flag lot" is defined as a parcel of land that is situated generally behind a lot or lots fronting on the street; does not have the required street frontage as per the Zoning Regulations (but does maintain street frontage along the width of the access strip); and is accessible from the street only over an access strip that is owned in fee simple.
(3)
It shall be the responsibility of the applicant or subdivider to prove to the satisfaction of the Commission that the land characteristics and physical site conditions make flag lot development practical, reasonable and desirable; that such flag lot(s) will be in harmony with the Plan of Zoning; and that such flag lot(s) will be in compliance with all applicable town codes, ordinances and regulations.
(4)
No zoning or building permit shall be issued for a structure on a flag interior lot unless the lot is part of an approved subdivision or is a flag lot of record.
(5)
Flag lots of record shall not be divided or otherwise altered in area or dimension unless the lot division is done as part of a formal subdivision/resubdivision application and results in all remaining parcels of land being in compliance with the Derby Zoning and Subdivision Regulations. The use of a right-of-way as an access to a flag lot of record shall establish that lot as being a nonconforming flag lot of record.
(6)
In the case where a flag lot is situated in two different zones, the land requirements of the more restrictive zone shall be adhered to.
(7)
Flag lots situated behind flag lots are strictly prohibited.
(8)
Landscaping.
(a)
A permanent and continuous landscaped buffer strip shall be provided on the flag lot at least 20 feet set back from any lot line shared by a front lot and a flag lot. At least 50% of the required plantings shall consist of evergreen species, at least six feet in height and 1.5 inches in caliper. Suitable existing trees and shrubs may be preserved or augmented by plantings to provide the required buffer. Said buffer strip shall be recorded on the deed as a restrictive covenant and shall be maintained by the property owner. Said deed shall be filed in the land records of the Town Clerk prior to endorsement of any record map.
(b)
The access strip of a flag lot shall be maintained in a suitable fashion so as to provide safe access to said flag lot and to prevent degradation to abutting properties.
(c)
The above landscape planting requirements may be waived by the Commission if a suitable vegetative cover exists or to enhance solar access.
D.
Area and yard requirements.
(1)
In Residential and P Zones other than R-1 and R-2, the minimum required area of a flag lot shall be 25,000 square feet, subject to Subsection B and the area and yard requirements listed in Subsection D(3).
[Amended 1-1-2006]
(2)
The minimum width of a flag lot shall be along the lot line most parallel to the street or as designated by the Commission.
(3)
Schedule of Area and Yard Requirements for Flag Lots.
[Amended 1-1-2006]
Requirements | R-1 | R-2 | R-3, R-4, R-5, R-6, R-M and P | |
|---|---|---|---|---|
Minimum area | 50,000 square feet | 30,000 square feet | 25,000 square feet | |
Minimum width | 175 feet | 120 feet | 100 feet | |
Front yard setback | 60 feet | 40 feet | 40 feet | |
Rear yard setback | 60 feet | 40 feet | 40 feet | |
Side yard setback | 25 feet | 20 feet | 20 feet |
E.
Access.
(1)
Access from a City road to a flag lot shall be on land which is owned in fee simple by the owner of said flag lot. The access strip shall be limited to the exclusive use of the single flag lot and shall not be used for access to another lot unless approved by the Commission and considered to be in the public interest.
(2)
No portion of an access strip shall be included in computing the required lot area for a flag lot.
(3)
The minimum width of an access strip shall be 25 feet. When issues concerning the access strip, such as, but not limited to, safety and adequacy, are raised, the Commission may require a width in excess of 25 feet to ensure for proper design and public safety.
(4)
The maximum number of adjoining flag lot access strips shall not exceed two.
(5)
The minimum separation distance, as measured along the street, between single flag lot access strips shall be 300 feet. The minimum separation distance between adjoining access strips and any other access strip(s) shall be 450 feet.
(6)
Access strips shall have a minimum length equal to the minimum lot width requirements of the zone or 125 feet, whichever is greater.
(7)
The maximum grade of the access strip shall not exceed a grade of 12% at any point and shall not exceed a grade of 3% within 25 feet of its intersection with the street. All interior lot driveways shall be surfaced with an all-weather surfacing material. Access strips in excess of 10% shall be paved with bituminous concrete and maintained in good repair.
(8)
All flag lot access strips shall be designed so as to adequately provide for watercourses, wetlands and stormwater runoff.
(9)
Driveway construction plans shall be submitted to the Commission or its designated agent in order to demonstrate adequate ingress and egress for emergency vehicles to the proposed development. Where the adequacy of lot access is questioned, the applicant may be required to submit plan profiles for the proposed driveway.
