For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERSE IMPACT. Anything that would destroy, harm, impair, diminish, or degrade the value or integrity of a sand dune for storm protection or wildlife habitat.
BARRIER DUNE. The easternmost sand dune or system of sand dunes which lies just west of the mean high water mark of the Atlantic Ocean and forms a protective barrier from the actions of the Atlantic Ocean.
BEACH. The lands consisting of unconsolidated soil materials that extend for a distance of 100 yards east of the mean low water mark into the Atlantic Ocean landward to a point where either the growth of stable natural vegetation occurs or a distinct change in slope or elevation alters the configuration, whichever is farther landward.
BEACH EQUIPMENT. This may include but is not limited to, beach tents, beach umbrellas, beach chairs, coolers, or recreation equipment.
BEACH EQUIPMENT VENDOR SERVICE. The activity of providing setup and/or removal of beach equipment for a fee. This may also include the rental of such equipment however the rental of equipment is not required to be considered a beach equipment vendor service. Equipment provided may include but is not limited to beach tents, beach umbrellas, beach chairs, coolers, or recreation equipment.
BEACH TENT. A temporary, portable shelter supported by a framework of multiple poles commonly used by individuals or groups for protection from sun or other outdoor conditions. For the purposes of this chapter, BEACH TENT shall include such items as cabanas, pavilions, sportsbrellas, tarps or similar devices or any material mounted on a support. (This is not to include beach umbrellas, which have a single supporting pole in the center of the shelter).
BEACH UMBRELLA. A temporary, portable shelter commonly used on the beach, consisting of a single, center pole with a shade fabric affixed to a frame that can be lowered or raised along the pole. Commercial beach umbrellas are rented, either directly through a beach vendor service, or indirectly as a part of a vacation rental accommodation.
COMMERCIAL BEACH EQUIPMENT. Equipment that is rented, either directly through a beach equipment vendor service or indirectly as part of a vacation rental accommodation.
COMMERCIAL BEACH TENT. A beach tent that is rented, either directly through a beach equipment vendor service or indirectly as part of a vacation rental accommodation.
COMMERCIAL BEACH UMBRELLA. A beach umbrella that is rented, either directly through a beach equipment vendor service or indirectly as a part of a vacation rental accommodation.
DUNE SYSTEM, FRONTAL DUNE. The first mound of sand located landward of the beach having sufficient vegetation, height, continuity, and configuration to offer protective value.
DUNE SYSTEM, PRIMARY DUNE. The first mounds of sand located landward of the beach having an elevation equal to the mean flood level for the area plus 6 feet. The primary dune extends landward to the lowest elevation in the depression behind the same mound of sand.
DUNE WALKOVER ACCESS, IMPROVED. A raised walkway constructed for the purpose of providing access to the beach from points landward of the dune system. Improved walkover structures shall be no more than 4 feet in width for single-family dwellings and 6 feet in width for commercial or publicly owned structures. DUNE WALKOVER STRUCTURES shall be constructed without a roof or walls, and shall be elevated at least 18 inches above the dune when the dune is determined to be a frontal dune. If the walkover structure extends over a primary dune, no elevation above the dune is required. Dune elevations may be determined through use of current contour data or surveyed elevations.
DUNE WALKOVER ACCESS, UNIMPROVED. A sand walkway or path used for the purposes of providing pedestrian access to the beach which is no more than 6 feet in width and located in an area where there is no escarpment present between the dune structure and the beach.
ESCARPMENT. The vertical drop or steep slope in the beach profile separating 2 comparatively level or more gentle sloping surfaces caused from high tide or storm tide erosion. ESCARPMENTS for the purposes of this chapter shall only be determined to exist in areas where the height and slope of the escarpment would preclude reasonable pedestrian access to the beach without causing an adverse impact to the dune structure.
GUY LINE. A grounding wire, rope, cord, tether, string, or strap that is used to secure a beach tent, beach umbrella, or tarp to the ground.
INVASIVE EXOTIC SPECIES. A non-native or invasive vegetation, which, if left undisturbed by manmade forces, will create a landscape comprised of a singular plant species.
SHIPWRECK. The remains of a ship, in whole or in part, which was wrecked or destroyed upon the water and subsequently abandoned, to which title voluntarily has been given up by the owner with the intent of never claiming a right or interest in the future and without vesting ownership in any other person, that is discovered or identified by some archaeological endeavor, natural exposure, or documented archeological site number.
TOE OF SLOPE. That point between the beach and the dune system where the uniform line of slope from the ocean toward the barrier dune begins an abrupt change upward and becomes the slope of the barrier dune.
VACATION RENTAL ACCOMMODATION or VACATION RENTAL. A vacation rental as defined in the North Carolina Vacation Rental Act.
VEHICLE. Motor-driven or wind-powered vehicles, including fishing boats and amphibious vehicles, but excluding sailboats used for sport, surfboards and amphibious vehicles which are afloat and no portion of which is beached, aground, or operating on wheels or tracks.
VEHICULAR BEACH ACCESS POINT.
(1) An access for use by vehicles at a designated location on a town street. Vehicle access is permitted at these points and at no other location.
(2) If the vehicular beach access point is not maintained by the town, users must have and possess written permission from the entity that owns or maintains the vehicular beach access point before using the vehicular beach access point.
(Ord. 09-04, passed 4-8-2009; Am. Ord. 13-04, passed 7-17-2013; Am. Ord. 22-10, passed 1-3-2023; Am. Ord. 23-15, passed 12-6-2023)