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Department of Growth and Environmental Management

Eligibility Requirements for Family Heir Policy 2.1.9

Family Heir Policy 2.1.9 Requirements:

The Family Heir 2.1.9 was created to allow property owners outside the Urban Service Area, the ability to create smaller parcels of land for family members for use as homesteads.  Properties created and approved with the Family Heir 2.1.9 shall be conveyed to an eligible family member and cannot be conveyed to any other person other than another eligible family member for a period of two (2) years.  Eligible family members are defined by Florida Statute 163.3179 and Policy 2.1.9 Family Heir as the grandparent, parent, stepparent, adopted parent, sibling, child, or adopted child of the person who conveys the parcel, regardless of the zoning density or intensity limits established by the Future Land Use Map of the Tallahassee-Leon County Comprehensive Plan. Property owners interested in pursuing this type of application must first be determined eligible by a Permitted Use Verification (P.U.V.).

The following eligibility criteria will be verified by the Department of Growth and Environmental Management at the time an application for P.U.V. is filed, and when a Family Heir 2.1.9 application is made:

1.  The land to be subdivided must be located outside the Urban Services Area;

2.  The parcel of property to be subdivided shall be in the same configuration as it was on February 1, 1990; or, the parcel was created subsequent to February 1, 1990, through subdivision pursuant to the Family Heir provision of Policy 2.1.9 of the Land Use Element of the Comprehensive Plan and conveyed to an originally intended heir; or, an heir through successive generations of the originally intended heir. (It should be noted, any other form of subdivision of the parcel not pursuant to F.H. 2.1.9 after February 1, 1990, shall void the eligibility to subdivide the parcel under Family Heir Policy 2.1.9.)

3.  Pursuant to Policy 2.1.9 of the Comprehensive Plan, the property owner shall identify eligible heirs for the purpose of creating and conveying lots for homestead.

The following are additional criteria for approval that will be verified at the time an application for Family Heir Policy 2.1.9 is filed:

1.  The application shall be determined consistent with the Tallahassee-Leon County Comprehensive Plan;

2.  The application complies with all applicable provisions of the Land Development Code as it relates to the subdivision of land including, but not limited to: Concurrency management standards, environmental protection, legal access to a publicly maintained road, and zoning district development standards (except lot size).

3.  The number of lots that may be created through subdivision of property for use as a homestead by a family member is equal to or less than the number of eligible heirs, plus the original homestead family member (person conveying the property);

4.  In no case shall any lot proposed under this Policy be less than one-half acre of buildable area;

5.  Parcels within approved, recorded subdivisions may not be further subdivided utilizing Policy 2.1.9;

6.  Parcels within previously approved, unrecorded subdivisions may be allowed upon demonstration that the resultant parcels are no smaller than the smallest existing lot within the subdivision which was established in accordance with the Leon County Land Development Code (nor less than acre of buildable area).

7.  The application shall include covenants and restrictions which set forth regulations limiting development of the family heir parcel(s) within a period of two (2) years from the date of approval, to the originally intended heir. These documents shall be executed by the applicant and the chair of the Development Review Committee (DRC). After a period of two (2) years, that lot may be conveyed to any other person; or, may be eligible by for further subdivision pursuant to Family Heir 2.1.9 eligibility requirements.

 

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