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Articles · Fairfax Settles Legal Lot Issue
Fairfax Settles Legal Lot Issue
The Fairfax County Board of
Supervisors has taken steps to resolve the recent crisis facing builders and
landowners about the legality of their lots. A strict reading of the County
Code had deemed many lots created years ago to be illegally subdivided and
ineligible for building permits or resubdivision. Responding to protests
from the development community and local realtors, the Board significantly
revised the Code to eliminate much of the controversy.
The Board addressed the issue
in two separate actions, the first on March 24 and the second on May 5. The
combined affect of these Subdivision Ordinance revisions removes the concern
from almost all lots on the tax roles, especially those created by metes and
bounds or by plats not approved by the County. Here is a summary of the new
rules:
For lots
created before September 1, 1947:
a)
Lots
that complied with the Zoning Ordinance in effect at the time of recordation
or in effect on March 25, 2003 are validated.
b)
Lots
which do not comply with the lot area and/or lot width requirements in
effect at the time of recordation or with all applicable provisions in
effect on March 25, 2003 are designated outlots and are not buildable lots.
For lots
created after August 31, 1947:
These lots will be valid if:
1.
The lot complied with the
Zoning Ordinance in effect at the time of recordation or at some time
thereafter; and
2.
The lot was shown as a
separate parcel on the Tax Map on/after March 25, 2003; and
3.
The lot was taxed as a
separate parcel on/after March 25, 2003; and
4.
For lots created after March
25, 2003 it has been more than two years since recordation (Validation will
not be available to parcels created after March 25, 2003 if notified by the
County within two years that the lot does not comply.)
All lots
created properly from an “illegal” parent tract are also valid.
For a compilation of the full
text of these two Subdivision Ordinance amendments, click
here (Adobe PDF, 98KB).
If this is still confusing,
or you have a question about a specific parcel, please contact
Gene
Kiernan or
Jim
Scanlon. |
