15.2-2244 - Provisions for subdivision of a lot for conveyance to a family member.
§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a familymember.
A. In any county a subdivision ordinance shall provide for reasonableprovisions permitting a single division of a lot or parcel for the purpose ofsale or gift to a member of the immediate family of the property owner,including the family member's spouse, subject only to any express requirementcontained in the Code of Virginia and to any requirement imposed by the localgoverning body that all lots of less than five acres have reasonableright-of-way of not less than 10 feet or more than 20 feet providing ingressand egress to a dedicated recorded public street or thoroughfare. Only onesuch division shall be allowed per family member, and shall not be for thepurpose of circumventing this section. For the purpose of this subsection, amember of the immediate family is defined as any person who is a natural orlegally defined offspring, stepchild, spouse, sibling, grandchild,grandparent, or parent of the owner. In addition, any such locality mayinclude aunts, uncles, nieces and nephews in its definition of immediatefamily.
B. Notwithstanding subsection A, in a county having the urban countyexecutive form of government, a subdivision ordinance shall provide forreasonable provisions permitting a single division of a lot or parcel for thepurpose of sale or gift to a member of the immediate family of the propertyowner, subject only to any express requirement contained in the Code ofVirginia and to any requirement imposed by the local governing body that alllots of less than five acres have frontage of not less than 10 feet or morethan 20 feet on a dedicated recorded public street or thoroughfare. Only onesuch division shall be allowed per family member, and the division shall notbe for the purpose of circumventing a local subdivision ordinance. For thepurpose of this subsection, a member of the immediate family is defined asany person who is a natural or legally defined offspring or parent of theowner.
C. Notwithstanding subsections A and B, a subdivision ordinance may includereasonable provisions permitting divisions of lots or parcels for the purposeof sale or gift to a member of the immediate family of the property owner in(i) any county or city which has had population growth of 10 percent or morefrom the next-to-latest to latest decennial census year, based on populationreported by the United States Bureau of the Census; (ii) any city or countyadjoining such city or county; (iii) any towns located within such county;and (iv) any county contiguous with at least three such counties, and anytown located in that county. Such divisions shall be subject to allrequirements of the Code of Virginia and to any requirements imposed by thelocal governing body.
(Code 1950, §§ 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, § 15.1-466;1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429,439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983,cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717;1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287,708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864;1994, c. 421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452,456; 1997, cc. 587, 718; 1998, c. 457; 2008, cc. 340, 717; 2009, cc. 283,465; 2010, c. 216.)