§ 19-366. Family divisions allowed.

(a)

The agent shall allow a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner in accordance with process and standards listed below:

(1)

For the purposes of this section, the immediate family of the property owner shall be any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece or nephew of the owner.

(2)

A plat and deed of any proposed family division shall be submitted and reviewed as provided for in these family division regulations.

(3)

The family division shall be limited to a single parcel of land, and the subdivider shall certify that there has been no other family division lot transferred, in Franklin County, by sale or gift to the same family member.

(4)

The required plat and deed shall state that the family division is for the housing needs of the grantee.

(5)

Any family division lot proposed to be created shall have a minimum lot size of thirty-five thousand (35,000) square feet and shall have Virginia Department of Health (VDH) approval of a water supply and a sewage disposal system prior to Franklin County's approval of the proposed lot.

(6)

The remainder of the parent tract from which the lot is created shall meet the minimum lot area requirements as specified in the Franklin County Zoning or if in a non-zoned portion of the county, shall have a minimum lot size of thirty-five thousand (35,000) square feet.

(7)

If the remainder of the parent tract from which the lot is created is less than five (5) acres, such tract must meet the minimum state maintained road frontage requirements as specified in the zoning ordinance, or in the non-zoned portions of the county as specified herein.

(8)

Any family division lot created pursuant to these provisions shall have direct access to a state maintained road or shall have use of a right-of-way with a minimum width of twenty (20) feet to provide ingress and egress to a state maintained road. If an existing private right-of-way through adjacent properties is less than twenty (20) feet in width, and is at least ten (10) feet in width, that right-of-way may be used to provide access to a state maintained road however all rights-of-way within or adjacent to the family division lot being created shall be of a minimum width of twenty (20) feet.

(9)

No lot created by these family division provisions may be transferred other than to a member of the immediate family of the subdivider for a period of three (3) years from the recordation date creating the family division lot, except for the purposes of securing any purchase money and or construction loan including bona fide refinancing. These restrictions on transfer shall be noted in any deed of transfer of the property.

( Ord. of 05-12-2019(1) , 5-21-19)

( Ord. of 05-12-2019(1) , 5-21-19)