(A) For the purposes of this article the following terms, phrases, words, and their derivation shall have the meanings given herein, except when the context clearly indicates a different meaning. In the interpretation and application of this article, the definitions provided for herein shall control over definitions which that may be included in other documents or manuals including, but not limited to, the Florida Building Code. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and the word "may" is permissive.
COMMON DOCKING AREA. The terminus of a canal river basin or waterway, excluding the navigational channel, that is shared by lots adjacent to each other and created when the outer boundary lot lines intersect with the adjacent shared lot line when extended into a canal or waterway.
LIVE ABOARD VESSELS. Any vessel used solely as a residence; or any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence. However, the definition of LIVE ABOARD shall not apply to vessels falling under the definition of WATER TAXIS as set forth in § 91.14(A).
LOT. Shall be defined as it is presently or as it may hereafter be amended in § 155.4215 of this Code.
MOORING STRUCTURE. A vessel dock, slip, davit, hoist, vessel lift, floating vessel platform, personal watercraft/jet ski platform, mooring pile or similar structures attached to land or a tidal flood barrier, to which a vessel can be moored.
NAVIGATIONAL CHANNEL. Shall be defined as the 45% of the width of a canal, river, basin, or
waterway with a width of greater than 40 feet. All other canals, rivers, basins, or waterways 40 feet or less, the navigational channel is 55% of the width of the canal, river basin, or waterway. The center of the navigational channel shall coincide with the centerline of the canal, river, basin, or waterway. Where the navigational channel runs to the terminus of a dead-end canal, river, basin or waterway, the navigational channel shall end a distance from the deadend canal, river, basin or waterway that is equal to the distance between the navigational channel and tidal flood barrier, rip-rap or shoreline as measured along the same canal, river, basin or waterway but before the terminus of a deadend canal, river, basin or waterway.
RAFTING. A first vessel being docked or moored at a tidal flood barrier, rip-rap or shoreline of a dock and a second vessel being docked at the same Tidal flood barrier, rip-rap or shoreline but distant from the tidal flood barrier, rip-rap or shoreline so that the first vessel is in between the second vessel and the seawall.
REVERSE CORNER LOT. Any lot when its boundary line abutting a canal or waterway that is concave.
RIP-RAP. A foundation of unconsolidated boulders, stone, rubble, concrete without protruding rebar or similar materials placed on or near a shoreline to mitigate wave impacts and prevent erosion.
SHORELINE. The tidally influenced area where land meets water.
TERMINUS. The ending point of a canal, river, basin or waterway and where the lots located at said ending point have been platted or designed or developed in such a way that the longest shoreline of any lot abutting the canal, river, basin or waterway, is 30 feet or less, and, where it is impossible for said vessel or watercraft to be docked parallel to the tidal flood barrier, rip-rap or shoreline.
TIDAL FLOOD BARRIER. Any structure or shoreline feature, including but not limited to, berms, canal banks, green-grey infrastructure, mooring structures, seawalls, seawall caps, upland stem walls, or other infrastructure that impedes tidal waters from flowing onto adjacent property or public rights-of-way, located within or along a tidally-influenced area. This definition is not meant to include rip-rap, derelict erosion control structures or permeable earthen mounds that do not provide an impermeable water barrier to tidal flooding.
VESSEL. A watercraft used or capable of being used as a means of transportation on water, except:
(a) A seaplane;
(b) An amphibious vehicle for which a certificate of title is issued pursuant to F.S. Chapter 319 or a similar statute of another state;
(c) Non-motor-powered watercraft less than 16 feet in length;
(d) Watercraft that operate only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
(e) A stationary floating structure that:
1. Does not have and is not designed to have a mode of propulsion of its own;
2. Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and
3. Has a permanent, continuous hookup to a shoreside sewage system;
(f) Watercraft owned by the United States, a state, or a foreign government or a political subdivision of any of them; or
(g) Watercraft used solely as a lifeboat on another watercraft.
(B) It shall be unlawful for any person to live aboard any vessel or other waterborne craft or structure, unless the vessel or watercraft is docked at a marina, as defined in § 155.4215 of this Code.
(C) The use of a mooring structure other than as accessory to the principal residential use of the property in residentially-zoned districts (single-family and multi-family) within the city is prohibited. This includes, but shall not necessarily be limited to, the prohibition of boarding cruise parties or charter parties at a mooring structure located at or adjacent to a residentially-zoned property (single-family and multi-family) within the city, except that this provision shall not be construed to prohibit such parties on private pleasure craft or the pick-up or drop-off of passengers by a water taxi that has obtained a business tax receipt from the city.
(D) Dockage.
(1) In canals or waterways adjacent to single-family, multi-family and commercial zoned lots where the property is improved and has been issued a Certificate of Occupancy for single-family, multi-family and commercial use or in canals or waterways adjacent to property which has been improved and issued a Certificate of Occupancy for single-family, multi-family and commercial use, docking of vessels or watercraft shall be permitted, provided that no vessel or watercraft shall be docked in any canal or waterway in such a manner as to have any part of the vessel or watercraft extended within five feet of an extended side boundary lot line or encroach into the “navigational channel.”
(2) In canals or waterways adjacent to single-family, multi-family and commercial zoned lots where the property is improved and has been issued a Certificate of Occupancy for single-family, multi-family and commercial use or in canals or waterways adjacent to property which has been improved and issued a Certificate of Occupancy for single-family, multi-family and commercial use, there shall be no rafting of vessels so that only one vessel may be docked or moored at any given space at a lot or tidal flood barrier rip-rap or shoreline. It is not intended that this provision shall prohibit the temporary rafting of the vessel of a house guest for up to one 24-hour visit in a seven-day period; nor is it intended that this shall prohibit vessels from docking one behind or in front of the other, each adjacent to and parallel to the tidal flood barrier, rip-rap or shoreline but only that no two or more vessels shall be rafted. It is immaterial whether the second vessel is tied to the first vessel or directly to the tidal flood barrier rip-rap, shoreline or mooring structure.
(3) In canals or waterways adjacent to single-family zoned lots where the property is improved and has been issued a Certificate of Occupancy for single-family use or in canals or waterways adjacent to property which has been improved and issued a Certificate of Occupancy for single-family use, mooring of vessels or watercraft at or on a mooring structure shall be permitted under the following conditions.
(a) Unless otherwise provided for in this subsection, all vessels or watercraft located in any canal or waterway shall be docked parallel to the tidal flood barrier, rip-rap or shoreline. However, where the tidal flood barrier, rip-rap or shoreline is curved or does not form a straight line or is a reverse corner lot and it is impossible for the vessel or watercraft to be docked parallel to the tidal flood barrier, rip- rap or shoreline, the vessel or watercraft shall be docked as parallel as possible.
(E) The parallel docking restriction of vessels or watercraft located in a canal or waterway adjacent to single-family zoned lots where the property is improved and has been issued a Certificate of Occupancy for single-family use or in canals or waterways adjacent to property which has been improved and issued a Certificate of Occupancy for single-family mooring of vessels or watercraft at or on a mooring structure, shall not apply in the following situations; however, all other applicable restrictions must be met:
(1) Where the city or other applicable and authorized agency has issued a permit for a mooring structure or other such structure for the purpose of docking of vessels or watercraft perpendicular to a tidal flood barrier, rip-rap or shoreline prior to December 14, 1993, and where the mooring structure is in conformance with the approved plans.
(2) Where the property owners within a common docking area, along with the city have executed and recorded the proper documents as provided for in § 151.03(I) of this Code or the City Engineer has divided the common docking area from the seaward intersection of the extended lot lines to the wet face of the tidal flood barriers or rip-rap corner of the adjoining lots as provided for in § 151.03(I)(2) of this Code.
(3) Where a court of competent jurisdiction has adjudicated the docking rights of the adjoining property.
(4) Up to four personal watercraft, which for purposes of this section are defined as vessels less than 13 feet in length, which use either an outboard or an inboard motor powered by a jet pump as its primary source of propulsion, provided that the personal watercraft are stored out of the water on a floating platform which is in compliance with Chapter 151 of this Code.
(5) Where a court of competent jurisdiction has adjudicated the docking rights of the adjoining property owners. Any vessel or watercraft docked at the terminus of a dead-end canal or waterway and where the lots located at said ending point have been platted or designed or developed in such a way that the longest shoreline of any lot abutting the canal, river, basin, or waterway is 30 feet or less, and where it is impossible for said vessel or watercraft to be docked parallel to the tidal flood barrier, rip-rap or
shoreline. Any and all vessels or watercraft so situated shall be docked as parallel as possible to the tidal flood barrier, rip-rap or shoreline, however, all other applicable restrictions must be met.
(F) Nothing contained in subsection (E) shall prohibit the docking of vessels or watercraft parallel to the tidal flood barrier, rip-rap or shoreline provided all the applicable restrictions have been met.
(G) Diagrams which document examples of the different docking provisions described by this section are to be maintained by and with the Code Enforcement Division.
(‘58 Code, § 6A.16) (Ord. 72-48, passed 6-27-72; Am. Ord. 78-53, passed 5-9-78; Am. Ord. 92-47, passed 6-23-92; Am. Ord. 94-06, passed 12-14-93; Am. Ord. 96-8, passed 11-7-95; Am. Ord. 96-80, passed 7-9-96; Am. Ord. 97-32, passed 1-28-97; Am. Ord. 2007-57, passed 7-10-07; Am. Ord. 2017-70, passed 9-26-17; Am. Ord. 2018-57, passed 5-22-18; Am. Ord. 2022-29, passed 2-8-22) Penalty, see § 10.99