§ 118-1325. 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:

Boat ramp facility means the boat ramp and any other improvements which may be required or authorized by state or local regulations or this article to be built in conjunction with a particular type of boat ramp.

Boat ramp means any structure or clearing that extends waterward of the normal high water elevation or any structure or clearing upon which trailerable watercraft can be launched into or retrieved from a body of water. Regardless, this definition shall not apply to a homeowner who clears land which is the site of his personal residence in compliance with applicable regulations without building any structure or dredging or filling for the sole purpose of launching and retrieving his or her personal watercraft.

Boat ramp facility permit means a permit issued by the City of Winter Garden pursuant to the regulations contained herein, which permit, in conjunction with the required building permit(s), authorizes construction of a boat ramp facility. The permit shall automatically expire and reapplication shall be required in the event that construction of the boat ramp facility is not completed within one year of issuance of such a permit.

Boat ramp facility site means a duly platted lot or parcel of record which is the location of any boat ramp facility.

Commercial boat ramp facility means a boat ramp and any improvements required or authorized by state or local regulations to be built in conjunction therewith, the use of which is fee-based, open to equal public access, and intended to profit its owner, not including; (1) fees paid by any homeowner or condominium association for maintenance of common elements; or (2) fees imposed by any governmental or quasi-governmental entity. A commercial boat ramp facility shall also include any boat ramp used in connection with any commercial establishment where the boat ramp is used as an enhancement to the principal function of the basic facility, whether or not use of the boat ramp facility itself is fee-based or profit motivated, or both.

Companion boat mooring docks means a single mooring boat dock required or authorized to be built in conjunction with any boat ramp. A companion boat mooring dock may be permitted as part of the boat ramp facility permit and shall not require a boat dock permit. However, the companion boat mooring dock shall require a separate building permit.

Private boat ramp facility means a boat ramp and, if applicable, any improvements required or authorized by state or local regulations to be constructed in conjunction therewith, other than a commercial boat ramp, which boat ramp and improvements are not the subject of unrestricted public access to waters, and which are intended to be used, and are in fact used, only by those persons living in the single-family residence located at the boat ramp facility site and their usual and customary guests who are either in the company of the resident or using the resident's watercraft. It is intended that this type of facility be limited in scope of use. It is further intended that any application for a private boat ramp facility or semi-private boat ramp facility which is approved as such, but is in fact routinely used by individuals other than usual and customary guests of a private resident who are either in the resident's company or using the resident's watercraft, shall be considered an illegal use and be subject to revocation upon majority vote by the city commission.

Projected property line means a continuation of, and extension to, the upland property line into a body of water. In cases of privately owned bottomland, that is, non-sovereignty submerged lands underlying a water body, the projected property line is the actual property line.

Public boat ramp facility means a boat ramp and any improvements required by state or local regulations to be constructed in conjunction therewith, which provide the general public with unrestricted public access to waters.

Semi-private boat ramp facility means a boat ramp facility (other than a commercial, public or private boat ramp) along with a companion boat dock and any other improvements required by state or local regulations to be constructed in conjunction therewith, which are intended for the use of, and are in fact used by, a group of residents living in a subdivision or multifamily development, as the case may be, wherein a boat ramp facility is located or their usual and customary guests, but only if in the company of such residents.

Unrestricted public access means:

(1)

Open to any member of the general public at reasonable hours, free of charge; or

(2)

Operated by any governmental entity including, but not limited to, City of Winter Garden.

(Ord. No. 11-20, § II, 9-21-11)