§ 118-1322. Definitions.

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:

Dock means (i) any permanently fixed or floating structure extending from the upland into the water, capable of being used to moor vessels and/or conduct other water-dependent recreational activities; (ii) any floating structure, boat lift, or mooring piling, detached from the land, that is capable of being used to moor vessels and/or conduct other water-dependent recreational activities; or (iii) any area adjacent to the dock designated or designed for mooring purposes. This term shall not include any vessel that is not permanently docked, moored, or anchored.

Normal high water elevation ("NHWE") shall mean and refer to the higher of (a) the landward edge of any natural surface water body during normal hydrological conditions, as determined by the City Engineer of Orange County, or (b) the minimum infrequent high (IH) water elevation established by the Saint John's River Water Management District ("SJRWMD").

Person means any individual, firm, partnership, corporation, or other entity, including governmental entities.

Private dock means a dock (excluding public docks) intended to be used by only those persons residing on or owning the upland parcel served by such structure and the usual and customary guests of such persons.

Projected property line means a straight, linear continuation of, and extension to, the upland property line into a body of water. In cases in which bottomland is owned privately (i.e., non-sovereignty submerged lands underlying a water body), the projected property line is also the actual property line.

Public dock means a dock that is open to the public access, including docks that are owned or otherwise controlled by commercial establishments, governmental and non-governmental institutions, and private organizations. The fact that an entity may require a fee or membership to access the dock shall not alter the public character of the dock.

Riparian rights means and refers to those legally cognizable rights incident to lands bordering upon navigable waters, rivers, and streams.

Littoral rights means and refers to those legally cognizable rights incident to ownership of property abutting the shoreline of a lake, canal, pond or other waters.

Seawall means and refers to a protective wall or structure constructed along the shoreline used to prevent or otherwise protect property from shoreline erosion, swells, or flooding.

Shoreline means the upland and submerged areas immediately abutting the normal high water elevation ("NHWE") as defined in this section.

Shoreline alteration means and refers to the construction, installation, or emplacement of structures and other improvements along or near the shoreline and used in connection with aquatic activities, including structures such as docks and seawalls, but excluding boat ramps as defined and regulated in division 11 of chapter 118 of this Code.

Waters means and includes, but is not limited to, rivers, lakes, streams, waterways, bays, springs, impoundments, inlets, canals, and all other waters or bodies of water, whether natural or artificial.

(Ord. No. 11-20, § I, 9-21-11)