Family Division Amendments Adopted January 27, 2009

Family Division.  A division of land creating a new tract, parcel or lot where such division is for the sale of, or gift to, a member or the immediate family of the property owner(s).  A member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent.  Only one such division shall be allowed in R-A and Agriculturally Zoned districts during the lifetime of each family member of the donor or grantor without regard for ownership by the donor or grantor of differing tracts or parcels of land and such division shall not be for the purpose of circumventing this ordinance. 

All such family divisions are subject to the following qualifications:

(1)     The minimum acreage or size for each new family lot, parcel or tract shall be one (1) acre. The residual parcel and any other lot, parcel or tract resulting from family divisions shall also conform to the provisions of this chapter and the zoning ordinance. 

(2)     The property has been owned for at least two (2) consecutive years by the current owner or the property owner. 

(3)     No family divisions shall be transferred for the period of five (5) years, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. During the initial five (5) year period following the creation of lots by Family Division, no sale of any such lot shall be made and no residential structure on such lot shall be rented to any person other than an immediate family member as defined above unless such lots are subject to involuntary transfer such as by foreclosure, death, judicial sale, condemnation, bankruptcy, divorce or any circumstance deemed appropriate by the Board of Supervisors upon formal application. 

(4)     Family divisions shall be located on legal private easements or rights-of way of not less than 50 feet or front on State-maintained roads. 

(5)     Each proposed family division shall be submitted to the subdivision agent by filing of a plat of survey for the proposed division. The agent shall determine that proposed family division is in accord with the intent and qualifications of this chapter. 

(6)     The lot shall be approved by the health department for on-site sewage disposal, in accordance with this ordinance, prior to recordation of the plat. 

(7)     The lot shall conform to the Floodplain Overlay district provisions contained in the County zoning ordinance. 

(8)     The lot shall conform to the Resource Protection Area and Resource Management Area provision of the County Zoning Ordinance. 

(9)     The lot shall be of a size and configuration to allow construction in conformity 
with minimum setback requirements of the zoning district in which it is located. 

(10)     All other applicable federal, state and local requirements shall apply. 

(11)     Approval block providing for signature and date. Said block to be no smaller than four (4) inches by four (4) inches.

(12)     All required entrance permits off of a State-maintained road shall be reviewed by VDOT prior to recordation of the plat.