§ 15-323. 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:

Access walkway means that portion of the dock that commences on the upland parcel and terminates at the junction with the terminal platform.

Board means the Board of County Commissioners of Orange County, Florida.

Building official means for unincorporated Orange County, the Orange County Building Official as defined in section 9-11; and for incorporated Orange County, the principal enforcing officer for the building code within the particular municipality.

Dock means any permanently fixed or floating structure extending from the upland into the water, capable of use for vessel mooring and other water-dependent recreational activities. The term "dock" also includes any floating structure, boat lift or mooring piling, detached from the land, capable of use for mooring vessels and/or for other water-dependent recreational activities. The term "dock" also includes any area adjacent to the dock designated for mooring purposes. This term does not include any vessel that is not permanently docked, moored, or anchored.

Enclosed dock means a dock which has any portion of its structure completely or partially enclosed with walls and/or doors. Screened enclosures and storage lockers shall not be included in this definition.

Environmental protection commission means the commission created and established pursuant to section 15-29.

Environmental protection officer means the Orange County official as defined in section 15-32.

EPD means the Orange County Environmental Protection Division.

Maintenance means the act of keeping the dock in a safe and useable condition consistent with original design specifications.

Normal high water elevation (NHWE) means the landward edge of any natural surface water body during normal hydrological conditions, as determined by the county engineer or according to article IX of chapter 30.

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

Principal structure means the building or structure in which the principal use of the parcel or lot is conducted. A dock shall not be the principal structure on a parcel or lot.

Principal use means a use of the upland parcel for residential, commercial or governmental purposes. At a minimum, a principal use shall be established by the issuance of a building permit for a principal structure.

Private dock means a dock, which may be used by only those persons living on the upland parcel and their usual and customary guests.

Projected property line means a continuation of, and extension to, the upland property line. 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 dock means a dock which is subject to public access. Docks associated with commercial establishments and activities, governmental and non-governmental institutions, and private organizations are included in the definition of public dock.

Repair means to restore to the original design specifications of a dock structure, including the replacement of the entire dock or portions of the dock.

Riparian rights means those rights incident to lands bordering upon navigable waters, as recognized by the courts of this state and common law.

Satisfactory evidence of title means a warranty deed or a current title insurance policy issued by a title insurance company authorized to do business in the State of Florida, or an opinion of title prepared by a member of the Florida Bar, covering title to lands involved and indicating, at least, such minimum interest in the applicant which may entitle the applicant to the relief sought.

Semi-private dock means a dock, which may be used by a group of residents living in a subdivision or multifamily development and their usual and customary guests.

Shoreline means the edge of a body of water at the normal high water elevation (NHWE).

Terminal platform means that portion of a dock beginning at the terminal end of the access walkway. The terminal platform shall be designed for the mooring and launching of vessels or other water-dependent activities. The size calculation for the terminal platform does not include any uncovered area adjacent to the dock designated for mooring purposes.

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, located in Orange County.

Water-dependent activity means any activity which can only be conducted on, in, over, or adjacent to, water areas because the activity requires direct access to the water body for transportation or recreation, and where the use of the water is an integral part of the activity.

USGS means the United States Geological Survey.

(Ord. No. 2004-08, § 2, 5-18-04)