It is the intent of this article to protect public and private coastal property in the town from damage caused by flooding, erosion, and hurricanes as much as is reasonably possible. It is the further intent of this article to allow the reasonable use of coastal property that is subject to hurricanes, floods, and erosion while promoting public health and safety by protecting the natural beach and dune system from alterations that restrict its natural and dynamic changes or that impair its ability to provide a natural buffer from wind, water, and wave action.

The State of South Carolina has promulgated regulations, as administered through the South Carolina Department of Health and Environmental Control's Office of Ocean and Coastal Resource Management, that restrict and/or require permitting for certain activities along the beachfront. This article is designed to complement and, in some instances, provide protections in addition to those afforded in the state regulations. It is further intended that in the event a provision of this article is inconsistent with those of the state, the more restrictive provision shall control, to the extent allowed by law.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Baseline shall mean the line established, within a standard erosion zone, at the location of the crest of the primary oceanfront sand dune in that zone. In a standard erosion zone in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other man-made alterations, the baselines must be established using the best scientific and historical data, as where the crest of the primary ocean front sand dune for that zone would be located if the shoreline had not been altered.

Base value shall mean the appraised value of a habitable structure as contained within the tax appraisal records of Horry County. The base value only includes the assessed value of the structure(s) on the lot and does not include the value of the land on which the structure(s) is situated.

Destroyed beyond repair shall mean, for habitable structures and pools, more than sixty-six and two-thirds (66⅔) percent of the replacement value of the habitable structure or pool has been destroyed. For seawalls, bulkheads, and other structures, destroyed beyond repair shall mean that more than fifty percent of the structure, above grade, has been destroyed. The percentage destroyed, for seawalls and bulkheads, is determined based on the length of the structure, parallel to the shoreline, after damage divided by the length of the same structure before damage.

Dune, sand shall mean a hill or ridge of loose, windblown sand with or without vegetation.

Habitable structure shall mean a structure suitable for human habitation including, but not limited to, single-family, two-family, or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if the building is divided into apartments, then the entire building, not the individual apartment is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.

Primary ocean front sand dunes shall mean those dunes which constitute the front row of dunes adjacent to the Atlantic Ocean.

SCDHEC-OCRM shall mean the South Carolina Department of Health and Environmental Control's Office of Ocean and Coastal Resource Management.

SCDHEC-OCRM setback area shall mean the area located between the setback line and the baseline.

SCDHEC-OCRM setback line shall mean the line landward of the baseline that is established at a distance which is forty (40) times the average annual erosion rate as determined by historical and other scientific means and is adopted by the South Carolina Department of Health and Environmental Control in the State Comprehensive Beach Management Plan. However, all setback lines shall be established no less than twenty (20) feet landward of the baseline, even in cases where the shoreline has been stable or experienced net accretion over the past forty (40) years.

Shore protection area (SPA) shall mean that area bounded by the Atlantic Ocean and the shore protection line.

Shore protection line (SPL) shall mean a line seaward of which land and plants are protected under the provisions of this article.

(a)

On all lots lying contiguous to the Atlantic Ocean, the shore protection line shall be determined to be the line twenty (20) linear feet landward of the property line nearest the Atlantic Ocean (rear property line) or the line twenty (20) linear feet landward of the crest of the primary ocean front sand dune, as determined by SCDHEC-OCRM, whichever such line is further from the Atlantic Ocean. The area bounded by the shore protection line, as determined in this subsection, and the Atlantic Ocean shall be known as the shore protection area.

(b)

Prior to the issuance of a building or zoning permit for any new construction, development, or change of the primary use upon a lot lying contiguous to the Atlantic Ocean, and upon the determination by SCDHEC-OCRM that there is no continuous, identifiable primary ocean front sand dune situated upon or immediately seaward of such lot, the owner of such lot or the agent of such owner shall be required to construct a continuous, identifiable primary ocean front sand dune which shall be the same height and width and shall be in line with the adjacent primary ocean front sand dunes. Every primary ocean front sand dune which is required to be constructed by this subsection shall be composed of sand which is compatible in grain size with the sand which comprises adjacent primary ocean front sand dunes and every primary ocean front sand dune constructed pursuant to this section shall be constructed in accordance with the requirements of the permit issued for such construction by the code enforcement official. Upon completion of the construction of a continuous, identifiable primary ocean front sand dune in accordance with this subsection, a shore protection line shall be determined in accordance with subsection (a) of this section. Upon completion of construction of a continuous, identifiable primary ocean front sand dune in accordance with this subsection, property owners are encouraged to vegetate the dune with native plants in accordance with section 2.4.1 and Appendix F of the town's local comprehensive beach management plan.

(c)

Notwithstanding anything contained in section 17-303, 17-310, 17-320, 17-330, 17-340, 17-348, 17-356, 17-362, or 17-386 to the contrary, all lots lying contiguous to the Atlantic Ocean upon which a shore protection line is established in accordance with subsection (a) of this section shall be subject to a fifteen-foot front yard setback requirement.

Permitted uses allowed within the shore protection area, after having obtained a permit from the code enforcement official, are as follows:

(1)

Dune crossing and walkways. Dune crossings shall be permitted on all lots lying contiguous to the Atlantic Ocean. Dune crossings shall be built on pilings and must be constructed of wood planking elevated not less than two (2) feet above the surface of the sand dune. The boardwalk shall be no more than four (4) feet wide, leaving at least three-fourths (¾) of an inch between each plank or board to permit partial transfer of sand, wind, rain, and sunlight. The dune crossing shall not be covered, and in no event shall the dune crossing be enclosed in any form on any side except by a safety guard rail. A dune crossing permitted by this section may be connected to the main building or structure situated upon a lot lying contiguous to the Atlantic Ocean by means of an elevated walkway. Elevated walkways shall be permitted by this section only as a means of access between a main building or structure and a dune crossing. Elevated walkways shall be built on pilings and must be constructed of wood planking elevated not less than two (2) feet above ground level. The boardwalk shall be no more than four (4) feet wide, leaving at least three-fourths (¾) of an inch between each plank or board to permit partial transfer of sand, wind, rain, and sunlight. The walkway shall not be covered and in no event shall the walkway be enclosed in any form on any side except by a safety guard rail.

(2)

Sand fence. Sand fencing configuration to protect and encourage the development of the primary ocean front sand dune for Surfside Beach incorporates a double row of fencing. The seaward row of fencing shall be placed along or on the seaward dune face and shall be maintained by the town. The landward row of sand fence shall be a continuous row of fencing placed along the shore protection line unless the town authorizes placement in a more seaward location; however the landward row of sand fence shall not be placed farther seaward than the landward trough of the ocean front sand dune. Every ocean front property owner shall install and maintain the row of sand fence on the landward side of the dune. Both the town and the property owner shall develop sand fencing in accordance with section 2.4.1 of the town's local comprehensive beach management plan.

(3)

Vegetation. Property owners along the ocean front are encouraged to install and maintain native dune grasses, ground covers, and shrubs in the shore protection area. Vegetation on the seaward and landward sides of the primary ocean front sand dune shall be selected, installed, and maintained in accordance with section 2.4.1 and Appendix F of the town's local comprehensive beach management plan. The town may, at its discretion, allow property owners to landscape the area between the landward trough of the primary ocean front sand dune and the shore protection line with nonnative vegetation but not to include nonnative grass turf or covering. Nonnative vegetation shall not be allowed seaward of the landward through of the primary ocean front sand dune. The town may require mitigation for any landscaping seaward of the shore protection line using nonnative vegetation. Mitigation requirements are set forth in section 2.10 of the town's local comprehensive beach management plan.

(4)

Emergency temporary erosion control.

a.

In emergency situations, temporary erosion control measures including but not limited to sandbagging or sand scraping may be permitted for the protection of endangered improved real property. Only those temporary erosion control measures which do not impair the long term development and continuation of the natural dune system shall be permitted by this section. Permanent seawalls and/or other erosion control measures which impair or inhibit the development and continuation of the natural dune system are specifically prohibited by this article. All temporary erosion control measures must be removed within a reasonable time following the termination of the emergency situation. Post emergency measures to aid the rebuilding of damaged or destroyed dunes shall be permitted and such measures may include sand scraping, dune renourishment and sand fencing.

b.

If improved real property within or immediately adjacent to the shore protection area is endangered by an emergency situation, and if the owner of such endangered improved real property fails to undertake appropriate temporary erosion control measures to protect such endangered improved real property within a reasonable time after the onset of the emergency situation, then the town acting by and through its agents and employees, shall have the authority but not the obligation to undertake appropriate temporary erosion control measures to protect such endangered improved real property. If the town elects to undertake temporary erosion control measures to protect endangered improved real property in accordance with this subsection, the town shall assess the owner of such improved real property for the expense of such temporary erosion control measures.

(5)

Other permitted uses. Other municipal structures and services including but not limited to light poles, garbage receptacles, lifeguard stands, etc., necessary to provide for the public health, safety, and welfare, shall be permitted when such improvement or use will not reduce the effectiveness of nor alter sand dunes and vegetation, and when such improvement or use does not violate the intent of this article.

(a)

Shore protection line to be determined prior to construction. No construction or development shall be permitted on any lot lying contiguous to the Atlantic Ocean until such time as a shore protection line has been determined on such lot pursuant to section 17-802. No construction or development of any type, including overhead encroachments, shall be allowed within the shore protection area, except as specified in sections 17-803 and 17-806.

(b)

SCDHEC-OCRM setback line to be determined prior to construction. No construction or development shall be permitted on any lot lying contiguous to the Atlantic Ocean until such times as the SCDHEC-OCRM setback line has been determined. All construction or development shall comply with the regulations as promulgated by SCDHEC-OCRM and the code enforcement official shall require documentation of such compliance, pursuant to section 17-809(b), prior to the issuance of a zoning permit.

(c)

Not to damage, encroach upon shore protection area. Prior to the beginning of and during the construction phase of property lying contiguous to the Atlantic Ocean, the developer, owner, or contractor is required to construct a fence or barrier no less than three (3) feet high along the shore protection line for the entire width of the property, which clearly identifies the shore protection area. It shall be unlawful to damage or encroach upon this area during the construction of the project.

Notwithstanding any other provisions contained in this article to the contrary, the construction of seawalls, bulkheads, revetments, and similar structures which impair or inhibit the development and continuation of the natural dune system are prohibited in the shore protection area and within the SCDHEC-OCRM setback area.

(a)

Any building, structure, or lawful use of land located seaward of the shore protection line established pursuant to section 17-802 which is in existence or is permitted on or before the effective date of this amended article and which is not expressly permitted under the terms of section 17-803 of this article is declared to be a nonconforming use and/or structure. Such use or structure may be continued, provided the use or structure shall not be extended to occupy a greater area of land or space. Damaged nonconforming uses can be continued only after permission for such continuance has been received from both the town and SCDHEC-OCRM.

(b)

Determination of damage to nonconforming structures. The determination of the base value and the replacement/repair value for a damaged structure shall be made by the code enforcement official based on tax assessor records, damage assessment(s), and other supporting documentation from sources deemed credible by the code enforcement official. When available, the code enforcement official shall request a written determination by SCDHEC-OCRM as to whether or not a structure is destroyed beyond repair. To the extent required by law, determinations of SCDHEC-OCRM related to the damaged status of a structure shall be considered conclusive to the code enforcement official.

(c)

Repair and renovation of structures. Repair and renovation of a structure located wholly or partially seaward of the shore protection line damaged but not destroyed beyond repair, due to natural or man-made causes, is allowed after the issuance of a zoning permit by the code enforcement official. No repair or renovation to a nonconforming structure shall extend such structure to occupy an area of land or space greater than the area of land or space occupied prior to the damage.

(d)

Replacement or rebuilding of habitable structures and pools. A habitable structure or pool located wholly or partially seaward of the shore protection line which has been destroyed beyond repair, due to natural or man-made causes, may be replaced or rebuilt provided all of the following requirements are met:

(1)

The total square footage of the replacement structure seaward of the shore protection line does not exceed the total square footage of the original structure seaward of the shore protection line;

(2)

The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast;

(3)

The replaced structure is no farther seaward than the original structure; and

(4)

When possible, the replaced structure is moved landward of the shore protection line or if not possible, then as far landward as practicable, considering compliance with the other terms of this chapter.

(e)

Replacement of other structures. Except as provided by this section, a nonconforming building or structure located wholly or partially seaward of the shore protection line which has been destroyed beyond repair, due to natural or man-made cause, shall not be restored or replaced seaward of the shore protection line. The owner of such destroyed or damaged nonconforming building or structure shall remove any remaining portions of such building or structure within ninety (90) days of the date of the destruction or damage.

(f)

Subsections (c), (d), and (e) not to supersede other requirements. Subsections (c), (d), and (e) above, apply to nonconformities created by section 17-802. Excluding section 17-802, where a use or structure is nonconforming as a result of a requirement imposed by this chapter, the nonconforming use and/or structure restrictions of Article V shall apply. In addition, the damage threshold percentages used to determine whether a structure is damaged beyond repair under this article, do not abridge or otherwise amend the requirements imposed by Chapter 14 (Flood Damage Prevention) of this Code.

It shall be unlawful for any person, firm, corporation, or private authority in any manner to damage, destroy, remove, or redistribute sand and sand dunes lying seaward of the shore protection line or to alter, interfere with, do or perform any act which tends to lessen the protection afforded by the sand, beach, dunes, or dune line, without first having obtained a permit from the code enforcement official.

It shall be unlawful for any person, firm, corporation, or private authority in any manner to kill or destroy, remove, or alter the form of any trees, shrubbery, plants, grass, or any other natural form of vegetation growing, living, or situated seaward of the shore protection line, or to interfere with, do, or perform any act which tends to lessen the protection and natural purpose of such vegetation, without first having obtained a permit for such action from the code enforcement official.

(a)

No permit shall be issued pursuant to this article without a determination by the code enforcement official, based upon an inspection of the area involved, and a report thereon by the town engineer, that such proposed construction, alteration, or disturbance will not create nor increase a danger or hazard to life or property. No permit shall be granted if the proposed construction, alteration, or disturbance will:

(1)

Adversely affect the littoral drift of the shore protection area;

(2)

Result in a reduction of sand, sand dune, or vegetation; or

(3)

Tend to circumvent the intent of this article.

(b)

Prior to the issuance of any permit required by this article, the applicant for such permit shall provide to the code enforcement official:

(1)

Proof of permitting by SCDHEC-OCRM; or

(2)

A written determination from SCDHEC-OCRM stating that the proposed construction, alteration, or disturbance does not fall under the jurisdiction of SCDHEC-OCRM and/or a permit is not required.