Laserfiche WebLink
Prohibition on New Flag Lots <br />9.2775 Residential Flag Lot Standards for R-1, R-2, R-3 and R-4. <br />4)Use Regulations. Residential flag lots have the same land use regulations <br />as the base zone except: <br />(c)Secondary dwellings are not allowed on flag lots that did not exist or <br />were not approved prior to August 29, 2014. <br />Findings: The prohibition of accessory dwellings on flag lots created after August 29, 2014 is related to <br />siting because it affects the location in the city and the type of lots where accessory dwellings can be <br />sited. This standard is reasonable because development on flag lots can be more impactful to <br />surrounding properties. Similar to alley access lots, flag lots are typically created out of what was the <br />backyard of a single-family dwelling. Limiting the location of accessory dwellings to existing flag lots will <br />potentially lessens impacts on surrounding properties and is one way to limit overcrowding, and limit <br />traffic. <br />Owner/Occupancy Requirement <br />9.2751 Special Development Standards for Table 9.2750. <br />(17)Secondary Dwellings in R-1. <br />(a)General Standards for Attached Secondary Dwellings. Except as <br />provided in subsection (c) below, secondary dwellings that are within the <br />same building as the primary dwelling shall comply with all of the <br />following: <br />7.Ownership/Occupancy Requirements. Either the primary dwelling <br />or the secondary dwelling shall be the principal residence of the <br />property owner. The principal residence must be occupied for a <br />minimum of 6 months of each calendar year by a property owner <br />who is the majority owner of the property as shown in the most <br />recent Lane County Assessor’s roll. If there is more than one <br />property owner of record, the owner with the majority interest in <br />the property shall be deemed the property owner. Any property <br />owner of record holding an equal share in the property may be <br />deemed the majority owner if no other owner owns a greater <br />interest. The principal residence cannot be leased or rented when <br />not occupied by the property owner. Prior to the city’s issuance of <br />the building permit for the secondary dwelling (or the primary <br />dwelling if it is constructed later) the property owner must provide <br />the city with a copy of the property deed to verify ownership and <br />two forms of documentation to verify occupancy of the primary <br />residence. Acceptable documentation for this purpose includes <br />voter’s registration, driver’s license, homeowner’s insurance, <br />income tax filing, and/or utility bill. When both the primary and <br />secondary dwelling are constructed at the same time, such <br />documentation must be provided prior to final occupancy. <br />8.Temporary Leave. Notwithstanding subsection 7. above, a <br />property owner may temporarily vacate the principal residence for <br />up to one year due to a temporary leave of absence for an <br />employment, educational, volunteer opportunity, or medical need. <br />May 20, 2019, Public Hearing - Item 2