§ 96-6. Allocation of all docking and mooring facilities.

A. 

The maximum number of docking and mooring facilities allocated to an adjoining parcel shall be based on the tier assigned by the Town Board to the adjoining zoning district.

(1) 

In the absence of a tier assignment by the Town Board, the default tier classification shall be Tier 1.

(2) 

If the adjoining parcel is located within two or more adjoining zoning districts, then the most restrictive tier assignment shall apply.

(3) 

Where Tier 1 has not been assigned to an adjoining zoning district, either Tier 2 or Tier 3, or both, may be assigned.

(4) 

Only the local elected governing body (Town Board) shall have the authority to assign a tier. The Zoning Board of Appeals shall not issue a use variance to change the tier assigned by the local elected governing body.

B. 

For the purposes of this chapter, the tier classifications shall be assigned to zoning districts as follows:

(1) 

Tier 1. The Tier 1 allocation of dock and mooring facilities shall be assigned to an adjoining zoning district when the primary purpose of the adjoining zoning district is residential uses of land. The scale and intensity of docking and mooring facilities allowed in Tier 1 are declared to be compatible with residential uses and the associated neighborhood character. All land uses within a Tier 1 zoning district shall receive Tier 1 allocation.

(2) 

Tier 2. The Tier 2 allocation of dock and mooring facilities shall be assigned to an adjoining zoning district when the primary purpose of the adjoining zoning district is nonresidential uses of land.

(3) 

Tier 3. The Tier 3 allocation of dock and mooring facilities shall be assigned to an adjoining zoning district when the primary purpose of the adjoining zoning district is nonresidential and permits the transient use of the adjoining parcel.

C. 

Lineal feet of shoreline. In addition to the adjoining zoning district, the number of lineal feet of shoreline of the adjoining parcel determines the maximum number of docking and mooring facilities, regardless of how property interests in the adjoining parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s) or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking or mooring facility.

D. 

Limitations on the maximum number of facilities. Section 96-8 establishes the maximum number of docking and mooring facilities that could be allowed and does not confer the right to any specific number of facilities independent of adjoining zoning district or other requirements related to development of the adjoining parcel. Application of other laws and requirements may result in a reduction in that number.