2006 Code of Virginia § 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 and the City of Suffolk a subdivision ordinance shallprovide for reasonable provisions permitting a single division of a lot orparcel for the purpose of sale or gift to a member of the immediate family ofthe property owner, subject only to any express requirement contained in theCode of Virginia and to any requirement imposed by the local governing bodythat all lots of less than five acres have reasonable right-of-way of notless than ten feet or more than twenty feet providing ingress and egress to adedicated recorded public street or thoroughfare. Only one such divisionshall be allowed per family member, and shall not be for the purpose ofcircumventing this section. For the purpose of this subsection, a member ofthe immediate family is defined as any person who is a natural or legallydefined offspring, spouse, sibling, grandchild, grandparent, or parent of theowner. In addition, any such locality may include aunts, uncles, nieces andnephews in its definition of immediate family.

B. Notwithstanding subsection A of this section, in a county having the urbancounty executive form of government, a subdivision ordinance shall providefor reasonable provisions permitting a single division of a lot or parcel forthe purpose of sale or gift to a member of the immediate family of theproperty owner, subject only to any express requirement contained in the Codeof Virginia and to any requirement imposed by the local governing body thatall lots of less than five acres have frontage of not less than ten feet ormore than twenty feet on a dedicated recorded public street or thoroughfare.Only one such division shall be allowed per family member, and the divisionshall not be for the purpose of circumventing a local subdivision ordinance.For the purpose of this subsection, a member of the immediate family isdefined as any person who is a natural or legally defined offspring or parentof the owner.

C. Notwithstanding subsections A and B of this section, a subdivisionordinance may include reasonable provisions permitting divisions of lots orparcels for the purpose of sale or gift to a member of the immediate familyof the property owner in (i) any county or city which has had populationgrowth of ten percent or more from the next-to-latest to latest decennialcensus year, based on population reported by the United States Bureau of theCensus; (ii) any city or county adjoining such city or county; (iii) anytowns located within such county; and (iv) any county contiguous with atleast three such counties, and any town located in that county. Suchdivisions shall be subject to all requirements of the Code of Virginia and toany requirements imposed by the local 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.)