This district covers the Barrier Islands, except those Barrier Island properties owned by the federal or state government. This district is established for the specific purpose of preserving the Barrier Islands as buffers to the Atlantic Ocean, to limit the demand for services, particularly during times of flooding and storm, and otherwise to reduce the risk of loss due to flooding and storms, and to reduce the polluting of waters which are vital to the fishing and shellfish industry of Accomack County. Uses not consistent with the existing character of this district are not permitted.

The following uses shall be permitted subject to all other requirements of this chapter as a matter of right in Barrier Island district "BI":

(1)

Vacation cottages which meet the criteria set forth in sections 106-158, 106-159, and 106-160, below.

(2)

Game preserves and conservation areas.

(3)

Motor vehicles. Motor vehicles shall be operated in Barrier Island district "BI" only if the applicant agrees to comply and conform to the following conditions and requirements as well as such other conditions established by the zoning administrator:

a.

No more than one vehicle per vacation cottage shall be permitted, except as provided in subsection 106-152(3)d.

b.

Motor vehicles may be used only for transportation of persons, provisions and materials from landing points and lots on the islands to and from lots and vacation cottages.

c.

Except in emergencies, motor vehicles are to operate only on roads existing at the time of the passage of this section of this chapter and in the intertidal zone (between mean low and high waters), except for such crossings of the coastal primary dune as are necessary to gain access to property, provided that the coastal primary dune shall be crossed by motor vehicles only at such points and in such ways as may be permitted pursuant to Code of Virginia, §§ 62.1-13.21, et seq. (1950), as amended.

d.

A temporary permit for more than one vehicle may be issued by the zoning administrator where said vehicles are to be used solely in the process of construction of permitted structures.

e.

All dune buggies, all terrain cycles (ATCs) and all terrain vehicles (ATVs) are prohibited.

f.

All vehicles shall have radial, implement or similar type tires, with the exception of construction vehicles, the specifications of which shall be as prescribed by the zoning administration.

g.

No disabled or abandoned vehicles shall be permitted to remain in Barrier Island district "BI".

The following uses shall be permitted in Barrier Island district "BI" subject to all the other requirements of this chapter, only upon the obtaining of a special use permit from the board of zoning appeals.

(1)

Aquaculture and mariculture as defined at section 106-1.

(2)

Taxi or shuttle service. Subject to the conditions set forth in subsection 106-152(3) for motor vehicles and such other conditions regarding parking and other matters, as may be established by the board of zoning appeals, the board of zoning appeals may authorize one or more entities to operate a service for the purpose of transporting persons, provisions and materials from landing points on the islands to other points on the islands.

(3)

Educational facilities and associated lodging, expeditions and programs that are related to the conservation of the barrier islands and owned by and operated by a not-for-profit conservation organization.

(a)

Vacation cottage. The minimum lot area for vacation a cottage is four acres.

Measurement of minimum lot requirement: In determining whether the minimum lot size requirement has been met, no land between mean low and high water and no wetlands as defined in Code of Virginia, § 62.1-13.1, et seq. shall be included. Lot area shall be determined on the basis of a survey made no less than six months prior to an application for a building permit.

(a)

Structures on lots having frontage upon the Atlantic Ocean shall be set back sufficiently to comply with any applicable regulations established by the Virginia Marine Resources Commission or other agency pursuant to the Coastal Primary Sand Dune Protection Act (Code of Virginia, § 62.1-13-21. et seq.) but, in any event, such structures shall not be erected closer than 200 feet to mean high water.

(b)

A structure in Barrier Island district "BI" shall not be located within a distance of 30 feet to the wetlands as defined in Code of Virginia, § 62.1-13.1, et seq.

The minimum frontage for a vacation cottage with reference to the mean high water mark for permitted uses shall be 200 feet at the setback line.

No vacation cottage shall be erected closer than 30 feet to any property line.

Vacation cottages. Vacation cottages may be erected up to a height of 25 feet, being measured as provided in section 106-1 of this article in the definition of "Building, height."

(Ord. of 07-09-2025(1))

Vacation cottages may be constructed to a maximum size of 1,200 square feet on the first floor exclusive of stairs, porches and screened-in areas. The total area of the first floor of vacation cottages, including stairs, porches and screened-in areas, may not exceed 1,800 square feet.

Vacation cottages. Vacation cottages must be elevated on pilings in compliance with the county's flood hazard ordinance. Pile foundations must conform to the BOCA basic building code. The free flow of water through and around the pilings shall not be obstructed by walls, lattice work or otherwise.

In order to avoid weakening the protective nature of ocean beaches and primary dunes, no development will be permitted that involves the significant removal or relocation of primary dune sand or vegetation thereon. In addition, bulkheads, groins, jetties, sand fences and any other devices calculated to prevent or modify the rate of erosion are specifically forbidden. Grasses may be planted on dunes.

(a)

Prior to the issuance of an county building permit, the following permits and plans, in addition to any other required by applicable law, must be obtained or approved:

(1)

Coastal Primary Dune Act permit or a finding of no permit necessary from the Virginia Marine Resources Commission.

(2)

Septic system permit from the state health department.

Solid waste of all kinds, whether generated domestically or in the construction process, or otherwise must be removed from Barrier Islands. No such solid waste is to be buried or otherwise left on Barrier Islands.

(a)

The provisions of section 106-204 shall be fully applicable to the Barrier Island district.

(b)

For the purposes of applying section 106-204 to this district, any nonconforming, unimproved contiguous parcels of land at the time of the creation of the Barrier Island district, which are owned by the same person, persons, or entity and which form a parcel extending from the Atlantic Ocean to a bay or channel of water to the west (hereinafter called an "ocean-to-bay lot"), shall be considered as a single "lot of record", provided, however, that any parcels in an ocean-to-bay lot shall not be considered contiguous to any parcels forming an adjacent ocean-to-bay lot. Any such adjacent ocean-to-bay lot, even if owned by the same person, persons, or entity, shall be a separate "lot of record". For the purpose of this section, roads, rights-of-ways, airstrips, etc., dividing two lots shall not be deemed to render such two lots noncontiguous.