§ 151.01 INTENT.
   (A)   The intent of this chapter is to permit construction in, over and upon the waterways within the city of mooring structures, tidal flood barriers, rip-rap or any similar marine structures, which do not interfere with navigation, endanger life or property, or deny the public reasonable access to public waterways. Structures not similar in nature to those listed herein shall be prohibited.
   (B)   Definitions. 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.
      BANK. Level space separating a waterway from an inland area, often elevated and constructed of compacted soil.
      BERM. An earthen mound designed with impermeability to resist the flow of tidal waters through to an adjacent property or public right-of-way.
      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 lines when extended into a canal or waterway.
      GREEN-GREY INFRASTRUCTURE OR GREEN-GREY MATERIALS. A combination of engineered and natural features that provide environmental qualities and ecosystem value.
      LOT. Shall be defined as it presently or as it may hereafter be amended in § 155.4215.
      MEASUREMENT REFERENCE LINE. The measurement standard utilized for the purpose of measuring the distance for mooring structures, tidal flood barriers, rip-rap and all other similar structures in waterways. When the recorded property line is seaward of the wet face of the original tidal flood barrier or rip-rap, the wet face of the original tidal flood barrier or rip-rap is to be utilized as the measurement reference line. When the property line is landward of the original tidal flood barrier or rip-rap greater than one foot, the measurement reference line is the wet face of the original tidal flood barrier. In all other instances, including when the property line will become landward of a new or proposed tidal flood barrier or rip-rap, the measurement reference line is the recorded property line.
      MOORING STRUCTURES. A vessel dock, slip, davit, hoist, vessel lift, floating vessel platform, personal watercraft/jet ski platform, mooring pile or similar structures that may be attached to land or a tidal flood barrier, to which a vessel can be moored.
      NAVIGATIONAL CHANNEL. 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 dead-end 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 dead-end canal, river, basin or waterway.
      NORTH AMERICAN VERTICAL DATUM (NAVD88 OR NAVD). The vertical control for datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.
      PUBLIC NUISANCE. A condition injurious to the public health or safety of the community or neighborhood, or injurious to any considerable number of persons, or a condition that obstructs the free passage or use, in the customary manner, of any public right-of-way.
      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.
      SEAWALL. The vertical or near vertical (often interlocking) structures placed between an upland area and a waterway or waterbody for erosion control.
      SEAWALL CAP. The concrete box structure (usually reinforced) that connects seawall panels, piles and anchoring system (if present) together at the top.
      SHORELINE. The tidally influenced area where land meets water.
         (a)   Any modification to shoreline or shoreline structures (such as tidal flood barriers) along more than 50% of the length of the property’s shoreline; or
         (b)   Any modifications, alterations, or installation of appurtenant structures (such as a mooring structure) which exceed 50% of the cost as determined by the City Engineer of a tidal flood barrier or raised seawall cap along the property’s shoreline.
      TERMINUS. The ending point or boundary limit of a dead-end canal, river, basin or waterway.
      TIDAL FLOOD BARRIER. Any structure or shoreline feature including, but not limited to, banks, berms, green-grey infrastructure, seawalls, seawall caps, upland stem walls, or other infrastructure that impedes tidal waters from flowing onto adjacent property or public right-of-way and 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.
      TIDALLY-INFLUENCED AREAS. The real property adjacent to, or effected by a waterway with water level changes in response to the daily tide.
      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; and
         (g)   Watercraft used solely as a lifeboat on another watercraft.
(Ord. 94-06, passed 12-14-93; Am. Ord. 2012-47, passed 6-12-12; Am. Ord. 2022-28, passed 2-8-22) Penalty, see § 10.99