This chapter shall be officially known as the "Zoning Ordinance of Powhatan County, Virginia" and may be referred to as "this chapter" or "these regulations."

(Ord. No. O-2014-12, 6-2-14)

(a)

General authority to adopt zoning ordinance. The zoning ordinance establishes the county's zoning regulatory authority as authorized by the Code of Virginia, and is adopted in accordance with:

(1)

The enabling authority contained in Chapter 22 of Title 15.2 and, most specifically, in Code of Virginia § 15.2-2200 et seq.;

(2)

All other relevant laws of the Commonwealth of Virginia; and

(3)

Whenever any provision of this chapter refers to or cites a section of the Code of Virginia (abbreviated as VA Code Ann.), and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that corresponds to the superseded section.

(Ord. No. O-2014-12, 6-2-14)

The board of supervisors adopts this chapter for the purpose of promoting the public health, safety, and general welfare of the citizens and landowners of Powhatan County, accomplishing the objectives of the Va. Code Ann., and implementing the Powhatan County Comprehensive Plan. This chapter is also adopted for the purposes and intent to:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood, crime, and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive, and harmonious community;

(4)

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements;

(5)

Protect against destruction of or encroachment upon historic areas;

(6)

Protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic, or other dangers;

(7)

Encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(9)

Protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;

(10)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the county as well as a reasonable proportion of the current and future needs of the planning district within which the county is situated;

(11)

Provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard;

(12)

Protect surface water and ground water; and

(13)

Implement the Powhatan County Comprehensive Plan and any special area plans adopted by the county.

(Ord. No. O-2014-12, 6-2-14)

(a)

General applicability. This chapter applies to the development of all lands within unincorporated Powhatan County, unless it is expressly exempted by a specific section or subsection of this chapter.

(b)

No development until compliance with this chapter.

(1)

Unless exempted, no land shall be developed without compliance with this chapter and all other applicable county, state, and federal regulations.

(2)

Land or a building or structure shall not be occupied unless a certificate of occupancy is approved in accordance with the county's building code.

(3)

Any permit issued in violation of this chapter is null and void.

(Ord. No. O-2014-12, 6-2-14)

(a)

Conflicts with other county codes or laws. If a provision of this chapter is inconsistent with another provision of this chapter, or with a provision found in other codes or ordinances of the county, the more restrictive provision shall govern. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

(Ord. No. O-2014-12, 6-2-14)

(a)

Generally.

(1)

The zoning district map designates the location and boundaries of the various base zoning districts and overlay zoning districts established in this chapter. The zoning district map shall be kept on file in the community development department and is available for public inspection during normal business hours. It may be kept in either hardcopy or digital form.

(2)

The community development department shall maintain digital or printed copies of superseded versions of the zoning district map for historical reference.

(3)

The zoning district map and all the notations thereon is incorporated herein by reference and made part of this chapter.

(b)

Split zone district classifications of parcels.

(1)

Changes made in zoning district boundaries on the zoning district map shall not result in two or more zoning district classifications on an individual parcel of land.

(2)

A conditional zoning (see section 83-123(d), conditional zoning) may result in two or more zoning district classifications on an individual parcel of land if a concept plan for development of the individual parcel is approved as part of the conditional rezoning, and the conditions of approval adequately assure a plan for development that appropriately mitigates impacts and provides for development that is compatible with surrounding uses.

(3)

Lot line adjustment plats shall not result in two or more zoning district classifications on an individual parcel of land.

(Ord. No. O-2014-12, 6-2-14)

(a)

Nonconformities. If any use, structure, lot, sign, or site feature legally existed before the adoption of the applicable section of this chapter, but does not fully comply with the standards of this chapter, the use, structure, lot, sign or site feature is considered nonconforming under this chapter and shall comply with the requirements in Article IX, Nonconformities.

(Ord. No. O-2014-12, 6-2-14)

(a)

For the purpose of this chapter, Powhatan County is divided into 24 districts which shall be designated as follows:

(b)

Minimum lot size.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2014-12, 6-2-14; Ord. No. O-2020-19, 2-22-21; Ord. No. O-2025-21, § 1, 6-23-25)

The boundaries of these districts are hereby established as shown on the zoning maps of Powhatan County, Virginia, said maps being on file in the office of the zoning administrator.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2014-12, 6-2-14)

Where uncertainty exists as to the boundaries of any district as shown on the Zoning Maps, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following plotted lot lines shall be construed to follow such lot lines;

(3)

Boundaries indicated as approximately following city or town limits shall be construed as following such limits;

(4)

Boundaries indicated as following railroad lines or utility lines shall be interpreted as following the centerline of the right-of-way or easement for the utility line or access way;

(5)

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

(6)

Boundaries indicated as parallel to, or extension of, features indicated in numbers (1)—(5) above shall be so construed;

(7)

Distances not specifically indicated on the zoning maps shall be determined by the scale of said maps;

(8)

Where physical or cultural features existing on the ground are at variance with those shown on the zoning maps, or in other circumstances not covered by numbers (1)—(7) above, the administrator shall have the authority to interpret the district boundaries (section 83-123(o), interpretation (zoning));

(9)

Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the board of zoning appeals may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district boundary into the remaining portion of the lot.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2014-12, 6-2-14)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

(2)

No building or other structure shall hereafter be erected or altered:

a.

To exceed the height or bulk;

b.

To accommodate or house a greater number of families;

c.

To occupy a greater percentage of lot area;

d.

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

(3)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(5)

The ordinance from which this chapter is derived is intended to be an inclusive ordinance. Only those uses, structures, or features permitted in specific district regulations shall be allowed.

(6)

Use types are listed for each district and may be one of the following:

a.

Permitted uses;

b.

Conditional uses;

c.

Accessory uses;

d.

Temporary uses.

A particular use category or use type allowable in a zoning district may be subject to additional standards that are specific to the particular use. The applicability of such use-specific standards should be reviewed in Article VII, use standards.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2014-12, 6-2-14)