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Powhatan County Unincorporated
City Zoning Code

ARTICLE III

RURAL DISTRICTS

Sec. 83-140.- General purposes of rural area base districts.

The rural area base zoning districts established in this article are intended to maintain the rural character of those areas of the county located outside village growth areas designated in the comprehensive plan, particularly those areas designated natural conservation areas, rural preservation areas, rural residential areas, and crossroads. More specifically, the rural area base zoning districts are intended to:

(1)

Encourage lands containing perennial stream corridors, floodplains, wetlands, and steep slopes to be left in a naturalized undisturbed state;

(2)

Preserve and protect the continued viability of active agricultural, horticultural, agri-business, and silvicultural activities important to the county's economy and the character of the county's rural areas;

(3)

Encourage agri-business and tourism uses such as equestrian centers and boarding facilities, boutique or unique agri-business, farmers' markets, retreat and training facilities, camps, heritage and rural tourism destinations, and bed and breakfast inns, and ensure they are compatible with the county's rural character;

(4)

Promote the use of conservation subdivisions as the preferred means of accommodating historic patterns of rural, low-density, residential development while preserving open space that defines the county's rural areas;

(5)

Ensure open spaces are designed to maximize preservation and protection of important natural, agricultural, and historic resources, to facilitate stormwater management and protect water quality, to maximize residents' exposure to open space, to maintain the visual character of scenic roads, and to promote rehabilitation of degraded habitats;

(6)

Maintain, support, and preserve the crossroad communities that have developed in the county's rural areas;

(7)

Preserve the unique character of historic resources;

(8)

Provide for public services and facilities needed to serve rural area farmers and residents and accommodate public land uses that complement the rural area's open space, agricultural uses, and low density residential development while protecting them from incompatible nonresidential development; and

(9)

Provide and maintain infrastructure at rural levels of service that are compatible with the character and needs of the county's rural area.

Nothing herein shall be deemed to allow dump heaps, as defined herein, therefore keeping or maintaining a dump heap shall be prohibited on property in all rural districts.

The rural area base districts established by this chapter are:

Rural Area Base Districts
A-20 Agricultural-20
A-10 Agricultural-10
A-C Agricultural/animal confinement
RR Rural residential
RR-5 Rural residential-5
CR Crossroads

 

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-15, 3-25-19)

Sec. 83-150. - Agricultural-20 (A-20) District.

A. Purpose.Typical Development Form.
The Agricultural-20 (A-20) District is a voluntary district whose purpose is to conserve and protect active farmlands and forestlands within areas designated as rural preservation areas in the comprehensive plan. No land in the county shall be classified A-20 unless the classification is requested by the landowner.
B. Use Standards.
See use specific standards in Article VII (Use Standards).
C. Intensity and Dimensional Standards.1, 2
Lot area, minimum 20 ac 3
Lot width, minimum 215 ft.
Density, maximum 1 du/20 ac 4
Lot coverage, maximum (% of lot area) 25% 5
Structure height, maximum 35 ft. Typical Lot Layout
Front yard
depth,
minimum
Along limited access and arterial roads 100 ft. 6
Along collector and local roads 75 ft. 6
Side yard depth, minimum 25 ft. 7, 8
Rear yard depth, minimum 40 ft. 8, 9
Corner lot yard depth, minimum 40 ft.
Notes: ac = acre(s) ft. = feet
1. See measurement rules and allowed exceptions/variations in Article XII (Interpretations).
2. For conservation subdivisions, see Powhatan County Code Chapter 68 (Subdivisions) for applicable lot area, lot width, lot coverage, and yard depth standards.
3. See Powhatan County Code chapter 68 (Subdivisions) for variations applicable to family divisions and large lot subdivisions.
4. For conservation subdivisions, see Powhatan County Code Chapter 68 (Subdivisions) for applicable density bonus for additional open space.
5. Five percent for all farm structures and accessory structures.
6. Thirty-five ft. for flag lots.
7. Twenty-five ft. for principal structures, accessory dwelling units, or accessory structures housing animals.
8. Ten ft. for accessory structures (other than those housing animals).
9. Forty ft. for principal structures, accessory dwelling units, or accessory structures housing animals.
D. Development Standards.
See Development Standards in Article VIII (Development Standards).
Typical Development Configuration

 

(Ord. No. O-2013-06, 9-16-13; Ord. No. 2014-23, 9-15-14; Ord. No. 2019-19, 6-24-19)

Sec. 83-151. - Permitted uses.

The following uses are allowable as principal uses by right in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Animal production (other than an animal confinement facility);

(2)

Crop production;

(3)

Dairy (other than an animal confinement facility);

(4)

Forestry and logging;

(5)

Greenhouse, nursery, and floriculture production;

(6)

Agricultural support (direct);

(7)

Agricultural support (indirect);

(8)

Farm winery;

(9)

Horse boarding and equestrian training;

(10)

Dwelling, manufactured home;

(11)

Dwelling, single-family detached;

(12)

Telecommunications facility, collocated;

(13)

Community garden;

(14)

Park or greenway;

(15)

Utility use, minor;

(16)

Marina, noncommercial;

(17)

Farmers' market;

(18)

Taxidermy shop.

(Ord. No. O-2013-06, 9-16-13)

Sec. 83-152. - Conditional uses.

The following uses are allowable as principal uses in the A-20 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Farm winery, special impact;

(2)

Horse racetrack or show grounds;

(3)

Livestock market;

(4)

Telecommunications tower;

(5)

Cemetery;

(6)

Airport;

(7)

Airstrip;

(8)

Helicopter landing facility;

(9)

Reserved;

(10)

Utility use, major;

(11)

Animal shelter;

(12)

Pound;

(13)

Kennel, commercial;

(14)

Veterinary clinic;

(15)

Conference or training center;

(16)

Country club;

(17)

Fairground;

(18)

Golf course;

(19)

Marina, commercial;

(20)

Recreation facility, nonprofit;

(21)

Recreation facility, public;

(22)

Shooting range, commercial;

(23)

Rural event venue;

(24)

Auction facility;

(25)

Campground/recreational vehicle park;

(26)

Place of worship;

(27)

Minor meat processing.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2023-28, § 1, 12-18-23; Ord. No. O-2023-27, § 1, 7-22-24)

Sec. 83-153. - Accessory uses.

(a)

Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Accessory apartment;

(2)

Accessory dwelling unit (detached);

(3)

Amateur radio antenna;

(4)

Bed and breakfast inn;

(5)

Eating establishment (as accessory to an agricultural use);

(6)

Electric vehicle (EV) level 1 or 2 charging station;

(7)

Electric vehicle (EV) level 3 charging station;

(8)

Family day care home;

(9)

Fuel oil or bottled gas distribution or storage, limited;

(10)

Home garden;

(11)

Home occupation;

(12)

Home-based landscaping business;

(13)

Kennel, private;

(14)

Office (as accessory to P multifamily dwelling or commercial use);

(15)

Open space, park, playground, or recreational facility;

(16)

Outdoor storage (as an accessory use);

(17)

Parking or storage of major recreational equipment on residential lots;

(18)

Parking or storage of large vehicles;

(19)

Rainwater cistern;

(20)

Residential care facility;

(21)

Private recycling bins;

(22)

Retail sales (as accessory to an agricultural use);

(23)

Roadside stand;

(24)

Satellite dish;

(25)

Shipping containers as storage;

(26)

Shooting range, non-commercial;

(27)

Small wind energy system;

(28)

Solar energy collection system;

(29)

Swimming pool, spa, or hot tub;

(30)

Television or radio antenna.

(Ord. No. O-2013-06, 9-16-13)

Sec. 83-154. - Temporary uses.

(a)

Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Garage or yard sale;

(2)

Manufactured home used pending construction of conventional dwelling as primary residence;

(3)

Portable sawmill;

(4)

Post-disaster temporary dwelling;

(5)

Temporary construction-related structure or facility;

(6)

Temporary family health care structure;

(b)

Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-20 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Estate sale/auction;

(2)

Farmer's market (as a temporary use);

(3)

Outdoor seasonal sales;

(4)

Temporary business (other than outdoor seasonal sales).

(Ord. No. O-2013-06, 9-16-13)

Sec. 83-160. - Agricultural-10 (A-10) District.

A. Purpose.Typical Development Form
The purpose of the Agricultural-10 (A-10) District is to maintain the agrarian and low-density rural character of the county that optimizes economic use of the county's prime farmland and forest land resources and defines the countryside appearance and rural character of areas designated as rural preservation areas in the comprehensive plan. Specifically, the district is intended to accommodate and encourage agriculture, agri-business, agricultural and rural tourism, silviculture, and related uses and development. It is also intended to accommodate limited low-density single-family detached homes on lots of ten or more acres—primarily in the form of conservation subdivisions that conserve substantial open space and natural resources.
B. Use Standards.
See use table and use-specific standards in Article VII (Use Standards).
C. Intensity and Dimensional Standards. 1, 2
Lot area, minimum 10 ac 3
Lot width, minimum 215 ft. 4
Density, maximum 1 du/10 ac 5
Lot coverage, maximum 25% 6
Structure height, maximum Lesser of 3 stories or 35 ft.
Front yard
depth,
minimum
Along limited access/arterial roads 100 ft. 7
Along collector and local roads 75 ft. 7 Typical Lot Layout
Side yard depth, minimum 25 ft. 8, 9
Rear yard depth, minimum 40 ft. 9, 10
Corner lot yard depth, minimum 40 ft.
Notes: ac = acre(s) ft. = feet
1. See measurement rules and allowed exceptions/variations in Article XII (Interpretations).
2. For conservation subdivisions, see Powhatan County Code Chapter 68 (Subdivisions) for applicable lot area, lot width, lot coverage, and yard depth standards.
3. See chapter 68 (Subdivisions) for variations applicable to charitable subdivisions and family divisions.
4. One hundred fifty ft. for family divisions.
5. For conservation subdivisions, see chapter 68 (Subdivisions) for applicable density bonus for additional open space.
6. Five percent for farm structures and accessory structures.
7. Thirty-five ft. for flag lots.
8. Twenty-five ft. for principal structures, accessory dwelling units, or accessory structures housing animals.
9. Ten ft. for accessory structures (other than those housing animals).
10. Forty ft. for principal structures, accessory dwelling units, or accessory structures housing animals.
D. Development Standards.
See development standards in Article VIII (Development Standards).
Typical Development Configuration

 

(Ord. No. 2013-09, 2-3-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2017-26, 9-25-17; Ord. No. O-2018-08, 3-26-18)

Sec. 83-161. - Permitted uses.

The following uses are allowable as principal uses by right in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Animal production (other than an animal confinement facility);

(2)

Crop production;

(3)

Dairy (other than an animal confinement facility);

(4)

Forestry and logging;

(5)

Greenhouse, nursery, and floriculture production;

(6)

Agricultural support (direct);

(7)

Agricultural support (indirect);

(8)

Farm winery;

(9)

Horse boarding and equestrian training;

(10)

Dwelling, manufactured home;

(11)

Dwelling, single-family detached;

(12)

Telecommunications facility, collocated;

(13)

Library;

(14)

Adult day care center;

(15)

Child day care center;

(16)

Public school;

(17)

Courthouse facility;

(18)

Fire or EMS station;

(19)

Government administrative offices;

(20)

Government maintenance, storage, or distribution facility;

(21)

Law enforcement facility;

(22)

Post office;

(23)

Community garden;

(24)

Park or greenway;

(25)

Place of worship;

(26)

Utility use, minor;

(27)

Kennel, private, two acres or more;

(28)

Marina, noncommercial;

(29)

Recreation facility, public;

(30)

Taxidermy shop.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-162. - Conditional uses.

The following uses are allowable as principal uses in the A-10 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Farm winery, special impact;

(2)

Horse racetrack or show grounds;

(3)

Livestock market;

(4)

Sawmill, commercial;

(5)

Farm worker housing;

(6)

Manufactured home park;

(7)

Assisted living facility;

(8)

Continuing care retirement community;

(9)

Hospice facility;

(10)

Rooming or boarding house;

(11)

Telecommunications tower;

(12)

Community center;

(13)

Museum;

(14)

College or university;

(15)

Private school;

(16)

Vocational or trade school;

(17)

Correctional facility;

(18)

Fire training facility;

(19)

Nursing home;

(20)

Cemetery;

(21)

Club or lodge;

(22)

Halfway house;

(23)

Shelter for victims of domestic violence;

(24)

Airport;

(25)

Helicopter landing facility;

(26)

Reserved;

(27)

Utility use, major;

(28)

Animal grooming;

(29)

Animal shelter;

(30)

Pound;

(31)

Kennel, commercial;

(32)

Kennel, private, less than two acres;

(33)

Veterinary clinic;

(34)

Conference or training center;

(35)

Country club;

(36)

Fairground;

(37)

Golf course;

(38)

Marina, commercial;

(39)

Recreation facility, commercial indoor;

(40)

Recreation facility, commercial outdoor;

(41)

Recreation facility, nonprofit;

(42)

Shooting range, commercial;

(43)

Rural event venue;

(44)

Antique store;

(45)

Art gallery;

(46)

Auction facility;

(47)

Farmers' market;

(48)

Flea market;

(49)

Campground/recreational vehicle park;

(50)

Country inn;

(51)

Commercial landscaping operation;

(52)

Asphalt or concrete plant;

(53)

Brewery or distillery;

(54)

Microbrewery or micro-distillery;

(55)

Winery;

(56)

Convenience center, county;

(57)

Heavy vehicle/equipment repair and servicing;

(58)

Wood and stump recycling business;

(59)

Contractor's storage yard;

(60)

Minor meat processing.

(Ord. No. O-2013-09, 2-3-14; O-2016-29, 8-22-16; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2022-26, 6-27-22; Ord. No. O-2022-27, 6-27-22; Ord. No. O-2023-28, § 1, 12-18-23; Ord. No. O-2023-27, § 2, 7-22-24)

Sec. 83-163. - Accessory uses.

(a)

Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Accessory apartment;

(2)

Accessory dwelling unit (detached), up to 50 percent of square footage of the main dwelling;

(3)

Airstrip;

(4)

Amateur radio antenna;

(5)

Bed and breakfast inn;

(6)

Clubhouse;

(7)

Eating establishment (as accessory to an agricultural use);

(8)

Electric vehicle (EV) level 1 or 2 charging station;

(9)

Electric vehicle (EV) level 3 charging station;

(10)

Family day care home;

(11)

Fuel oil or bottled gas distribution or storage, limited;

(12)

Home garden;

(13)

Home occupation;

(14)

Home-based landscaping business;

(15)

Kennel, private;

(16)

Office (as accessory to P multifamily dwelling or commercial use);

(17)

Open space, park, playground, or recreational facility;

(18)

Outdoor storage (as an accessory use);

(19)

Parking or storage of major recreational equipment on residential lots;

(20)

Parking or storage of large vehicles;

(21)

Rainwater cistern;

(22)

Residential care facility;

(23)

Private recycling bins;

(24)

Retail sales (as accessory to an agricultural use);

(25)

Roadside stand;

(26)

Satellite dish;

(27)

Shipping containers as storage;

(28)

Shooting range, non-commercial;

(29)

Small wind energy system;

(30)

Solar energy collection system;

(31)

Swimming pool, spa, or hot tub;

(32)

Television or radio antenna.

(b)

Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-10 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Home-based business;

(2)

Home-based truck hauler business.

(Ord. No. O-2013-09, 2-3-14; Ord. No. O-2022-25, 6-27-22)

Sec. 83-164. - Temporary uses.

(a)

Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Garage or yard sale;

(2)

Manufactured home used pending construction of conventional dwelling as primary residence;

(3)

Model sales home/unit;

(4)

Portable sawmill;

(5)

Post-disaster temporary dwelling;

(6)

Temporary construction-related structure or facility;

(7)

Temporary family health care structure.

(b)

Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-10 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Estate sale/auction;

(2)

Farmers' market (as a temporary use);

(3)

Outdoor seasonal sales;

(4)

Temporary business (other than outdoor seasonal sales).

(c)

Permitted with condition use permit. The following uses are allowable as temporary uses of limited duration, in the A-10 District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Temporary second dwelling for an elderly or infirm family member.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-170. - Agricultural/Animal Confinement (A-C) District.

A. Purpose.Typical Development Form
The purpose of the Agricultural/Animal Confinement (A-C) District is to accommodate intensive agricultural operations involving the keeping or raising of livestock, dairy cattle, swine, and poultry in confined areas or facilities—subject to standards to mitigate the potential adverse impacts of such operations on adjacent properties. The district is also intended to accommodate other animal production, crop production, and other agricultural uses.
B. Use Standards.
See use-specific standards in Article VII (Use Standards).
C. Intensity and Dimensional Standards.
Setbacks for Structures Associated with New Poultry House Facilities 1
From a well, spring, stream, or water course 200 ft.
From any property line 300 ft.
From a public roadway 300 ft.
From an existing dwelling on an adjacent property 500 ft.
From a school or place of worship 1,000 ft.
From an adjoining zone district 1,000 ft.
Setbacks for Structures Associated with all other New Animal Confinement Facilities
From a well, spring, stream, or water course 200 ft.
From any property line 300 ft.
From a public roadway 300 ft.
From an existing dwelling on an adjacent property 1,000 ft.
From a school or place of worship 1,000 ft.
From an adjoining zone district 1,000 ft.
Notes: ft. = feet
1. May be reduced by up to 50% through a written and recorded agreement between the owner of the animal confinement facility and the owner of the affected adjacent property.
D. Development Standards.Typical Lot Layout
See development standards in Article VIII (Development Standards) for any standards not addressed above.
Typical Development Configuration

 

(e)

Animal confinement facility standards. Animal confinement facilities shall comply with the following standards:

(1)

Required state approvals.

a.

No animal confinement facility shall be allowed under this chapter unless and until the appropriate state agency has approved.

1.

A nutrient management plan providing for safe storage and disposal or use of all produced animal waste, and

2.

A General Virginia Pollution Abatement Permit (VPA permit) for a confined animal feeding operations for the facility, in accordance with § 62.1-44.17.1 VA Code Ann. and 9VAC25-31-200.

b.

The facility owner or operator shall file copies of the nutrient management plan and general permit with the director upon approval.

(2)

Updating the nutrient management plan.

a.

The nutrient management plan shall be updated every five years and more frequently in conjunction with any proposed expansion of 25 percent or more in the approved number of animal units in the facility.

b.

The updated nutrient management plan shall be reviewed by a certified nutrient management planner and the director.

(3)

Storage and disposal or use of animal wastes.

a.

On-site storage. The facility shall provide for an animal waste storage site, with or without a permanent structure. Except as otherwise provided in subsection (b) below, the storage site shall be located on the same parcel as the facility and shall:

1.

Have the capacity to store 100 percent of the wastes produced by the facility during the four consecutive months in which the maximum volume of wastes is produced by the facility;

2.

Meet all applicable state requirements;

3.

Meet the setback standards in section 83-170(c), Intensity and dimensional standards;

4.

Provide for either diverting or storing rainfall onto the drainage area flowing into the storage site.

b.

Off-site storage and disposal or use. The director may allow animal wastes produced by a facility to be transported directly from the facility to an approved storage site located on another parcel, or to another area, property, or receiver for immediate field application or other use, provided:

1.

The nutrient management plan incorporates the proposed off-site storage and disposal or use;

2.

The nutrient management plan includes either:

i.

Documentation of an agreement between the facility owner or operator and the receiver of the transported wastes; or

ii.

A sworn and notarized affidavit of the owner's or operator's intention to dispose of the waste through sale in retail establishments or otherwise directly to consumers.

3.

A nutrient management plan documenting an agreement for off-site storage, disposal, or use of wastes shall be valid only so long as the agreement remains in force. The facility owner or operator shall provide the director written notice of the status of the agreement at least 30 days before the agreement expires and within five days after the agreement is terminated before its expiration date.

(4)

Setbacks.

a.

If the parcel on which the facility is located is divided such that structures previously complying with the setbacks required in section 83-170(c), Intensity and dimensional standards, no longer comply with the required setbacks (or any reduced setbacks pursuant to note 1 to section 83-170(c)), operation of the facility shall be terminated.

b.

All animal confinement facilities existing before November 18, 1996, shall be deemed in compliance with all setback requirements, provided that the setbacks of new structures in the facility from the locations identified in section 83-170(c), Intensity and dimensional standards, shall be no less than the setbacks of the facility's existing structures. If the facility is expanded by 25 percent or more in the approved number of animal units, however, any new structures associated with the expansion shall comply with the minimum setback standards in section 83-170(c), Intensity and dimensional standards, or any reduced setback allowed in accordance with note 1 to section 83-170(c).

(5)

Buffer. Animal containment facilities located on parcels that abut developed lot(s) containing residential, institutional, commercial, or industrial uses shall provide a perimeter buffer in accordance with the perimeter buffers provisions of section 83-461, Landscaping and buffers.

(Ord. No. O-2013-09, 2-3-14; Ord. No. 2017-13, 5-22-17)

Sec. 83-171. - Permitted uses.

The following uses are allowable as principal uses by right in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Animal confinement facility;

(2)

Animal production (other than an animal confinement facility);

(3)

Crop production;

(4)

Dairy (other than an animal confinement facility);

(5)

Forestry and logging;

(6)

Greenhouse, nursery, and floriculture production;

(7)

Agricultural support (direct);

(8)

Agricultural support (indirect);

(9)

Farm winery;

(10)

Horse boarding and equestrian training;

(11)

Horse racetrack or show grounds;

(12)

Dwelling, manufactured home;

(13)

Dwelling, single-family detached;

(14)

Telecommunications facility, collocated;

(15)

Fire or EMS station;

(16)

Community garden;

(17)

Park or greenway;

(18)

Utility use, minor;

(19)

Marina, noncommercial;

(20)

Recreation facility, nonprofit;

(21)

Recreation facility, public;

(22)

Farmers' market.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-172. - Conditional uses.

The following uses are allowable as principal uses in the A-C District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Livestock market;

(2)

Farm worker housing;

(3)

Telecommunications tower;

(4)

Community center;

(5)

Cemetery;

(6)

Airport;

(7)

Helicopter landing facility;

(8)

Utility use, major;

(9)

Animal shelter;

(10)

Pound;

(11)

Kennel, commercial;

(12)

Veterinary clinic;

(13)

Shooting range, commercial.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-173. - Accessory uses.

(a)

Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Accessory apartment;

(2)

Airstrip;

(3)

Amateur radio antenna;

(4)

Electric vehicle (EV) level 1 or 2 charging station;

(5)

Electric vehicle (EV) level 3 charging station;

(6)

Family day care home;

(7)

Home garden;

(8)

Home occupation;

(9)

Kennel, private;

(10)

Office (as accessory to P multifamily dwelling or commercial use);

(11)

Open space, park, playground, or recreational facility;

(12)

Outdoor storage (as an accessory use);

(13)

Parking or storage of major recreational equipment on residential lots;

(14)

Parking or storage of large vehicles;

(15)

Rainwater cistern;

(16)

Residential care facility;

(17)

Private recycling bins;

(18)

Roadside stand;

(19)

Satellite dish;

(20)

Shipping containers as storage;

(21)

Shooting range, non-commercial;

(22)

Small wind energy system;

(23)

Solar energy collection system;

(24)

Swimming pool, spa, or hot tub;

(25)

Television or radio antenna.

(b)

Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-C District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-174. - Temporary uses.

(a)

Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Garage or yard sale;

(2)

Manufactured home used pending construction of conventional dwelling as primary residence;

(3)

Portable sawmill;

(4)

Post-disaster temporary dwelling;

(5)

Temporary construction-related structure or facility;

(6)

Temporary family health care structure.

(b)

Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-C District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Estate sale/auction;

(2)

Farmers' market (as temporary use);

(3)

Outdoor seasonal sales;

(4)

Temporary business (other than outdoor seasonal sales).

(c)

Permitted with conditional use permit. The following uses are allowable as temporary uses of limited duration, in the A-C District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Temporary second dwelling for an elderly or infirm family member.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-176. - Rural Residential (RR) District.[1]

A. Intent.
 1. There are areas unique to Powhatan County which blend the character of rural, agricultural lifestyle with the demand and density for large lot development. The Rural Residential District is intended to meet the demand for large lot residential development while preserving the rural character and agricultural lifestyle in certain areas of the county.

 2. Should review of any proposal submitted for this district create reasonable doubt as to its compatibility with the general area for which it is proposed or should review clearly demonstrate adverse impact on the general area for which it is proposed, additional zoning requirements may be imposed. Additional requirements must be based on findings of adverse impact.
B. Use Standards
C. Intensity and Dimensional Standards1
Lot Size The minimum lot size for dwellings or units shall be ten acres
Lot Width 215 feet in width at the building line except for family exception lots which are 150 feet in width at the building line
Lot Coverage Accessory buildings shall not exceed 25 percent of the lot area
Building Height The height of buildings and structures in this district shall not exceed three stories or 35 feet to the cornice line. Silos, water towers, granaries, barns, church spires and similar structures may exceed 35 feet in height.
Yard Requirements:
  Front 100 feet; 35 feet from the front property line for a flag lot
  Side 2, 3 25 feet
  Rear 2, 3 40 feet
  Corner Lot 40 feet
Notes:
1. For conservation subdivisions, see Powhatan County Code Chapter 68 (Subdivisions) for applicable lot area/size, lot width, lot coverage, yard requirements, and applicable density bonus for additional open space.
2. Accessory Buildings, Use or Structures — 10 feet (Side and Rear Yards)
3. Structure housing animals — 25 feet (Side), 40 feet (Rear)
D. Development Standards
  Utilities All utilities shall conform to the provisions of the Powhatan County Subdivision Ordinance (chapter 68 of the Code of Powhatan).
  Signs All signs in this district must be approved by the planning commission with the exception of those advertising the sale of property. Those signs advertising the sale of property must be located on the property advertised and must comply with Article VIII (Development Standards) of this chapter.
  Parking Parking provisions must comply with Article VIII (Development Standards) of this chapter.

 

(Ord. of 5-23-85; Ord. of 10-18-04; Ord. of 6-2-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-19, 6-24-19)

Footnotes:
--- (1) ---

Editor's note— The Rural Residential District will remain from Fine Creek east on Route 711 to the Chesterfield County line on the north side of Route 711. Provisions brought forward from 2013 zoning ordinance, reformatted, renumbered and incorporated June 2, 2014


Sec. 83-177. - Permitted uses.

Land, buildings and structures in the RR District shall be used only for the following purposes:

(1)

Agricultural uses and all buildings necessary to such use and the keeping, storage, or operation of any vehicle or machinery necessary to such use;

(2)

Detached single-family dwellings;

(3)

Churches and places of worship, including parish houses and Sunday Schools;

(4)

Forestry;

(5)

Timber harvesting which may include sawmill(s) used only for cutting timber harvest on site;

(6)

Dairying, and raising and breeding of livestock, poultry and other animals;

(7)

Greenhouses;

(8)

Livery stable or riding academy;

(9)

Public schools, libraries, administration buildings, and public utility facilities excluding wastewater treatment plants;

(10)

Recreation facility, public;

(11)

Bed and Breakfast homes;

(12)

Adult or juvenile jails, detention facilities, or correctional facilities operated or owned by local or regional governmental entities, and located within or surrounded by existing state correction facilities;

(13)

Limited commercial landscaping contractor;

(14)

Shooting or archery ranges permitted by property owner for benefit of non-profit, non-commercial or community service organizations, provided that the owner participates in the operation of the range. Such range shall be located on a parcel not less than 30 acres. Adjoining parcels may be treated as combined to satisfy the 30 acre requirement, provided all other requirements of this subsection are satisfied. No part of such use shall be located any closer than 300 feet to the public road right-of-way, or 300 feet from any other property boundary. Use of the range shall not be open to the general public. The range shall operate only during daylight, and not before 10:00 a.m. No automatic weapons shall be used. Only weapons of recreational or instructional caliber shall be used;

(15)

Accessory buildings, uses, or structures;

(16)

Winery;

(17)

Farm winery;

(18)

Public utilities to serve the residences of this district;

(19)

Model home;

(20)

Gardening for flowers, vegetables and fruits, as it is customarily practiced in residential areas;

(21)

Private garages;

(22)

Storage sheds for lawn and garden tools;

(23)

Accessory apartment;

(24)

Home occupation;

(25)

Family day care home.

(26)

Accessory dwelling unit (detached), up to 50 percent of the square footage of the main dwelling.

(Ord. of 5-23-85; Ord. of 6-2-14; Ord. No. O-2024-21, § 1, 9-23-24)

Sec. 83-178. - Conditional uses.

The following uses may be permitted by the supervisors with a conditional use permit, following review by the planning commission:

(1)

Country clubs, golf courses, athletic fields, parks, playgrounds, swimming pools, meeting/lodge halls, and similar facilities operated by non-profit organizations, not for commercial purposes;

(2)

Home based businesses which do not meet the conditions for a home occupation as a permitted use, provided that the principal operator of the business shall own the property and reside on it;

(3)

Horse show grounds and related rings or tracks;

(4)

Cemeteries;

(5)

Other governmental structures/use;

(6)

Kennel/commercial;

(7)

More than one dwelling unit provided that the minimum lot size per dwelling unit for the district is met;

(8)

Expansion of non-conforming use(s); structures and/or uses and structures in combination of use by more than 40 percent;

(9)

Electric transmission facilities, petroleum product pipe lines, and other similar uses or structures;

(10)

Private schools, colleges, museums;

(11)

Manufactured/mobile home;

(12)

Amateur radio tower not to exceed 200 feet in height;

(13)

Kennel, private on parcel with minimum lot size of three acres;

(14)

Country inn;

(15)

Temporary second dwelling for hardship, handicapped, or elderly family member;

(16)

Rural event venue.

(Ord. of 5-23-85; Ord. of 10-18-04; Ord. No. O-2014-10, 6-2-14; Ord. No. O-2018-24, 9-24-18; Ord. No. O-2019-20, 4-24-19)

Sec. 83-180. - Rural Residential-5 (RR-5) District.

A. Purpose.Typical Development Form
The purpose of the Rural Residential-5 district is to maintain the moderately low-density rural/suburban development patterns that define the rural character of the county's rural residential areas. Specifically, the district is intended to accommodate single-family detached homes at densities of one home per five or more acres. It may include complementary uses such as limited institutional uses (e.g., schools, public safety facilities, and places of worship), as well as residentially compatible agricultural, agri-business, agricultural/rural tourism, and silvicultural uses. The district is served by rural rather than urban level infrastructure.
Lots may be laid out at a minimum of five acres per lot as of right. To encourage the protection of natural areas and open space through innovative subdivision design, lots may also be laid out in a range of sizes, with a minimum lot size of two in combination with larger lots so that the average lot size for the entire tract is not less than five acres per lot. The board of supervisors will allow a zoning applicant to use the lot averaging option as part of a conditional zoning application based on the compliance of the conceptual development plan proffered by the applicant pursuant to section 83-123(d), Conditional Zoning subject to consideration of the following factors:
• Preservation of rural vistas as viewed from existing and proposed collector and arterial roads, and historic sites, by excluding such areas from lot development;
• Sensitivity of the lot layout to preserve and promote the natural resources and features present on the tract such as existing woodlands, topography, stream corridors, wetlands, or historic sites;
• Location of open spaces, large lots (10 acres or greater), or farms in a manner that allows public view of them from existing public roads and adjacent land uses;
• Ponds, pedestrian or horse trails, or recreational amenities (swimming pools, tennis courts, or clubhouse) owned and managed by the subdivision residents or offered to the county for public use for subdivisions with more than 75 lots; and
• Land must be located within the rural residential area of the county as designated by the countywide land use plan in 2010 Long Range Comprehensive Plan adopted July 12, 2010.
B. Use Standards.
See use table and use-specific standards in Article VII, Use Standards.
C. Intensity and Dimensional Standards.1, 2, 3
Lot area, minimum 5 ac 4
Lot width, minimum 215 ft.
Density, maximum 1 du/5 ac 5
Lot coverage, maximum n/a
Structure height, maximum Lesser of 3 stories or 35 ft.
Front yard depth, minimum 75 ft. 6
Side yard depth, minimum 25 ft. 7, 8
Rear yard depth, minimum 40 ft. 8, 9
Corner lot yard depth, minimum 40 ft. Typical Lot Layout
Notes: ac = acre(s) ft. = feet
1. See measurement rules and allowed exceptions/variations in the exceptions and variation provisions of Article XII, Interpretations.
2. The keeping of one horse or pony for lots of five acres or more; one additional horse or pony may be kept for each additional acre, for parcels 20 acres or less. A private kennel (as an accessory use) requires a conditional use permit for parcels 2 acres or less.
3. For conservation subdivisions, see Powhatan County Code Chapter 68 (Subdivisions) for applicable lot area, lot width, lot coverage, and yard depth standards.
4. See Powhatan County Code Chapter 68 (Subdivisions) for variations applicable to family divisions and large lot subdivisions.
5. For conservation subdivisions, see Powhatan County Code Chapter 68 (Subdivisions) for applicable density bonus for additional open space.
6. Thirty-five ft. for flag lots.
7. Twenty-five ft. for principal structures or accessory structures housing animals.
8. Ten ft. for accessory structures (other than those housing animals).
9. Forty ft. for principal or accessory structures housing animals.
D. Development Standards.
See development standards in Article VIII, Development Standards.
Typical Development Configuration

 

(Ord. No. O-2013-09, 2-3-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-19, 6-24-19)

Sec. 83-181. - Permitted uses.

The following uses are allowable as principal uses by right in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Dwelling, single-family detached;

(2)

Telecommunications facility, collocated;

(3)

Public school;

(4)

Fire or EMS station;

(5)

Community garden;

(6)

Park or greenway;

(7)

Utility use, minor;

(8)

Marina, noncommercial;

(9)

Recreation facility, public;

(10)

Crop production.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-182. - Conditional uses.

The following uses are allowable as principal uses in the RR-5 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Farm winery;

(2)

Horse boarding and equestrian training;

(3)

Rooming or boarding house;

(4)

Community center;

(5)

Library;

(6)

Private school;

(7)

Cemetery;

(8)

Place of worship;

(9)

Utility use, major;

(10)

Country club;

(11)

Golf course;

(12)

Recreation facility, nonprofit.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-183. - Accessory uses.

(a)

Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Accessory apartment (pursuant to section 83-438(a)(4));

(2)

Amateur radio antenna;

(3)

Bed and breakfast inn;

(4)

Electric vehicle (EV) level 1 or 2;

(5)

Family day care home;

(6)

Home garden;

(7)

Home occupation;

(8)

Kennel, private (see section 83-438(n));

(9)

Open space, park, playground, or recreational facility;

(10)

Agricultural uses and buildings on lots 20 acres or greater in size;

(11)

Parking or storage of major recreational equipment on residential lots;

(12)

Parking or storage of large vehicles;

(13)

Private garage;

(14)

Private recycling bins;

(15)

Rainwater cistern;

(16)

Residential care facility;

(17)

Satellite dish;

(18)

Small wind energy system;

(19)

Solar energy collection system;

(20)

Storage shed for lawn and garden tools;

(21)

Swimming pool, spa, or hot tub;

(22)

Television or radio antenna;

(23)

Accessory dwelling unit (detached), up to 35 percent of square footage of the main dwelling.

(b)

Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the RR-5 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Home-based business;

(2)

Home-based landscaping business;

(3)

Accessory apartment, over 35 percent of total gross floor area of principal dwelling.

(Ord. No. O-2013-09, 2-3-14; Ord. No. O-2022-25, 6-27-22)

Sec. 83-184. - Temporary uses.

(a)

Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Garage or yard sale;

(2)

Model sales home/unit;

(3)

Post-disaster temporary dwelling;

(4)

Temporary construction-related structure or facility;

(5)

Temporary family health care structure.

(b)

Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the RR-5 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Estate sale/auction;

(2)

Outdoor seasonal sales.

(c)

Permitted with conditional use permit. The following uses are allowable as temporary uses of limited duration, in the RR-5 District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Temporary second dwelling for an elderly or infirm family member.

(Ord. No. O-2013-09, 2-3-14)

Sec. 83-190. - Crossroads (CR) District.

A. Purpose.Typical Development Form
The purpose of the Crossroads (CR) District is to preserve and enhance the small historic crossroads communities that are the primary service areas for the county's farmers and rural residents and help define the character of the county's rural areas. Specifically, the district is intended to accommodate a small collection of five to eight buildings or uses loosely clustered around road or road/railroad intersections (within approximately ½ mile of the intersection). Appropriate uses include small-scale and rural-oriented businesses (such as grocery stores, convenience stores, agricultural supply stores, gas stations, and restaurants), institutional uses (such as post offices, schools, fire stations, community centers, and places of worship), heritage tourism uses (such as bed and breakfast inns), and single-family residential homes. New development should be designed to respect the scale and other characteristics that define the crossroads' historic character.
B. Use Standards.
See use specific standards in Article VII (Use Standards).
C. Intensity and Dimensional Standards. 1
Residential Nonresidential
Lot area, minimum 2 ac 2 n/a
Lot width, minimum 100 ft. 100 ft.
Density, maximum 1 du/2 ac 3 n/a
Gross floor area, maximum n/a 15,000 s.f. 4
Lot coverage, maximum n/a Typical Lot Layout
Structure height, maximum 35 ft.
Front yard depth, minimum 60 ft. 5
Side yard depth, minimum 25 ft. 6, 7
Rear yard depth, minimum 40 ft. 7, 8
Corner lot yard depth, minimum 30 ft.
Notes: ac = acre(s) ft. = feet s.f. = square feet
1. See measurement rules and allowed exceptions/variations in Article XII (Interpretations).
2. One ac where served by community water or sewer service.
3. One du/ac where served by community water or sewer service.
4. Applies to commercial uses only.
5. Thirty-five ft. for flag lots.
6. Twenty-five ft. for principal or accessory structures housing animals.
7. Ten ft. for accessory structures (other than those housing animals).
8. Forty ft. for principal or accessory structures housing animals.
D. Development Standards.
See development standards in Article VIII (Development Standards).

 

(Ord. No. O-2013-06, 9-16-13; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-10, 2-25-19)

Sec. 83-191. - Permitted uses.

The following uses are allowable as principal uses by right in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Greenhouse, nursery, and floriculture production;

(2)

Agricultural support (indirect);

(3)

Farm winery;

(4)

Dwelling, live/work;

(5)

Dwelling, single-family detached;

(6)

Telecommunications facility, collocated;

(7)

Community center;

(8)

Library;

(9)

Museum;

(10)

Adult day care center;

(11)

Child day care center;

(12)

Public school;

(13)

Fire or EMS station;

(14)

Government administrative offices;

(15)

Law enforcement facility;

(16)

Post office;

(17)

Medical or dental clinic;

(18)

Community garden;

(19)

Park or greenway;

(20)

Utility use, minor;

(21)

Animal grooming;

(22)

Brewpub;

(23)

Restaurant without drive-through service (less than or equal to 3,500 square feet in area);

(24)

Specialty eating or drinking establishment (less than or equal to 3,500 square feet in area);

(25)

Professional offices;

(26)

Recreation facility, nonprofit;

(27)

Recreation facility, public;

(28)

Antique store;

(29)

Auction facility;

(30)

Art gallery;

(31)

Arts, craft, music, dance, photography, or martial arts studio/school;

(32)

Farmers' market;

(33)

Lawn care, pool, or pest control service;

(34)

Personal services establishment;

(35)

Taxidermy shop;

(36)

Country inn;

(37)

Brewery or distillery;

(38)

Micro-brewery;

(39)

Micro-distillery;

(40)

Artisan food and beverage production;

(41)

Winery.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-10, 2-25-19; Ord. No. O-2021-13, 6-28-21)

Sec. 83-192. - Conditional uses.

The following uses are allowable as principal uses in the CR District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Horse boarding and equestrian training;

(2)

Livestock market;

(3)

Private school;

(4)

Vocational or trade school;

(5)

Cemetery;

(6)

Place of worship;

(7)

Surface transportation passenger station/terminal;

(8)

Animal shelter;

(9)

Pound;

(10)

Kennel, commercial;

(11)

Veterinary clinic;

(12)

Conference or training center;

(13)

Rural event venue;

(14)

Restaurant without drive-through service (greater than 3,500 square feet in area);

(15)

Specialty eating or drinking establishment (greater than 3,500 square feet in area);

(16)

Contractor's office;

(17)

Convenience store;

(18)

Other retail sales establishment;

(19)

Automotive painting or body shop;

(20)

Automotive repair and servicing;

(21)

Automotive wrecker service;

(23)

Gas station;

(24)

Tire sales and mounting.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2017-25, 9-25-17; Ord. No. O-2019-10, 2-25-19; Ord. No. O-2019-20, 4-24-19)

Sec. 83-193. - Accessory uses.

(a)

Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Accessory apartment;

(2)

Amateur radio antenna;

(3)

Automatic teller machine (ATM);

(4)

Bed and breakfast inn;

(5)

Canopy, nonresidential drive-through;

(6)

Clubhouse;

(7)

Electric vehicle (EV) level 1 or 2 charging station;

(8)

Electric vehicle (EV) level 3 charging station;

(9)

Family day care home;

(10)

Fuel oil or bottled gas distribution or storage, limited;

(11)

Home garden;

(12)

Home occupation;

(13)

Office (as accessory to P multifamily dwelling or commercial use);

(14)

Open space, park, playground, or recreational facility;

(15)

Outdoor display and sale of merchandise;

(16)

Outdoor storage (as an accessory use);

(17)

Parking or storage of major recreational equipment on residential lots;

(18)

Parking or storage of large vehicles;

(19)

Rainwater cistern;

(20)

Residential care facility;

(21)

Private recycling bins;

(22)

Roadside stand;

(23)

Satellite dish;

(24)

Small wind energy system;

(25)

Solar energy collection system;

(26)

Swimming pool, spa, or hot tub;

(27)

Television or radio antenna.

(b)

Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the CR District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Home-based landscaping business;

(2)

Kennel, private.

(Ord. No. O-2013-06, 9-16-13)

Sec. 83-194. - Temporary uses.

(a)

Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Garage or yard sale;

(2)

Post-disaster temporary dwelling;

(3)

Temporary construction-related structure or facility;

(4)

Temporary family health care structure.

(b)

Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the CR District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:

(1)

Estate sale/auction;

(2)

Farmer's market (as a temporary use);

(3)

Outdoor seasonal sales;

(4)

Temporary business (other than outdoor seasonal sales).

(Ord. No. O-2013-06, 9-16-13)