Section 2-39(3)(A)(1) of the Fauquier County
Subdivision Ordinance currently permits family transfers to be
made to a legally or naturally defined child, grandparent or
parent of the owner or owners of a parcel of land.
Virginia Code §15.2-2244, 1950, as amended, defines a
member of the immediate family as "any person who is a
natural or legally defined offspring, spouse, sibling, grandchild,
grandparent, or parent of the owner."
That section also permits any locality to include within
the definition of an immediate family aunts, uncles, nieces and
nephews. The attached resolution refers to the Planning
Commission, for its review and recommendation, a proposed
Ordinance amending Section 2-39(3)(A)(1) of the Fauquier County
Subdivision Ordinance to include in the definition of
"immediate family members" for purposes of the family
transfer provisions, spouses, siblings, aunts, uncles, nieces and
amendment is intended to resolve situations where a brother or
sister wishes to transfer, by family transfer, a lot to their
sibling, or an aunt and uncle wish to transfer, by family
transfer, a lot to nieces and nephews.