§ 101-1-14. Validation of parcels.

(a)

QUALIFICATION FOR VALIDATION BASED ON DOCUMENTS RECORDED AFTER AUGUST 31, 1947. A parcel of land described or depicted in a metes and bounds description or a plat not approved by the appropriate County board, agency or official, which description or plat was recorded among the land records of Fairfax County after August 31, 1947, is hereby validated even though such parcel had not been approved pursuant to the provisions of the Subdivision Ordinance in effect at the time of recordation if:

(1)

The parcel created by such metes and bounds description or unapproved plat complied with all applicable provisions of the Zoning Ordinance in effect at the time the description or plat was recorded or at some time thereafter, or meets the provisions of Sect. 2-405 of the Zoning Ordinance; and

(2)

On March 25, 2003, or thereafter the parcel described in such metes and bounds description or depicted on such unapproved plat is included by Fairfax County as a separate parcel on the Fairfax County Real Property Identification Map; and

(3)

On March 25, 2003, or thereafter the parcel described in such metes and bounds description or depicted on such unapproved plat is taxed as a separate parcel; and

(4)

For parcels created after March 25, 2003, it has been more than two years since the recordation of a metes and bounds description or unapproved plat that purported to create said parcel.

(b)

Any lot or parcel that is the result of a division of land undertaken by the recordation among the land records of Fairfax County after August 31, 1947, of a metes and bounds description or a plat not approved by the appropriate County board, agency or official which did not comply with the applicable minimum district size, lot area and/or lot width provisions of the Zoning Ordinance in effect at the time the description or plat was recorded or at some time thereafter, or does not meet the provisions of Sect. 2-405 of the Zoning Ordinance is hereby designated as an outlot under the Subdivision Ordinance and shall not constitute a buildable lot.

(c)

VALIDATION PROHIBITED UNDER CERTAIN CIRCUMSTANCES. Validation of a parcel created after March 25, 2003, shall not be available under this Section if, within two years of the recordation of a metes and bounds description or unapproved plat, the Director has sent, by certified mail, a notification to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records, that the parcel in question was not created in compliance with the requirements of the Subdivision Ordinance in effect at the time of recordation of the metes and bounds description or plat that purported to create said parcel. (23-03-101; 11-04-101.)