[Amended 3-21-2017 by L.L. No. 2-2017]
A. The Board of Trustees of the Village of Belle Terre shall appoint
a Board of Appeals consisting of six members. Five members shall serve
as regular members of the Board as provided for in Village Law. The
sixth member shall serve as an alternate member of the Board and shall
be called upon to serve when, and if, any other member is unavailable,
for any reason, to hear an application.
B. The Chairperson of the Zoning Board of Appeals may designate an alternate
member to substitute for a regular member for any application, matter
or period of time such member is absent or unable to participate on
an application or matter before the Board. Such designation shall
be entered into the minutes of the Zoning Board of Appeals meeting
at which the substitution is made.
C. An alternate member of the Zoning Board of Appeals shall serve for
the same term as a regular member of the Board and have the same obligations,
powers and duties as a regular member of the Board. Any decision or
determination of the Board which includes the vote of an alternate
member shall have the same force and effect as decisions or determinations
made solely by a vote of the regular members of the Board.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which are more particularly
specified as follows:
A. Interpretation. Upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provisions of this chapter.
B. Special permits. To issue special permits for any
of the uses for which this chapter requires the obtaining of such
permits from the Board of Appeals.
C. Variances. To vary or adapt the strict application
of any of the requirements of this chapter in the case of exceptionally
irregular, narrow, shallow or steep lots or other exceptional physical
conditions, whereby such strict application would result in practical
difficulty or unnecessary hardship that would deprive the owner of
the reasonable use of the land or building involved.
(1) No variance in the strict application of any provision
of this chapter shall be granted by the Board of Appeals unless it
finds:
(a)
That there are special circumstances or conditions,
fully described in the findings of the Board, applying to such land
or building and not applying generally to land or buildings in the
neighborhood and said circumstances or conditions are such that strict
application of the provisions of this chapter would deprive the applicant
of the reasonable use of such land or building.
(b)
That, for reasons fully set forth in the findings
of the Board, the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
(c)
That the granting of the variance will be in
harmony with the general purpose and intent of this chapter and will
not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
(2) In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Board shall be in writing and shall conform
to the following requirements:
A. Every appeal or application shall refer to the specific
provision of the chapter involved and shall exactly set forth the
interpretation that is claimed, the use for which the special permit
is sought or the details of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted,
as the case may be.
B. The written appeal or application shall be submitted
to the Board of Appeals, together with a fee as set forth from time
to time by resolution of the Board of Trustees made payable to the
Village of Belle Terre, a survey and a list of surrounding property
owners. Appeals shall reference correspondence from the Building Inspector
which defines the required variance. If the appeal is based on a single
and separate ownership, the applicant shall also submit a single and
separate ownership search from a reputable title company doing business
in Suffolk County.
[Amended 10-18-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No. 1-1992]
(1) The survey, which must be provided in triplicate,
shall give a detailed description and location of the property together
with all existing and proposed buildings or structures and distances
of the same from the lot and street lines.
(2) Names and addresses of the surrounding property owners
within 200 feet of the property in question, as shown on current Belle
Terre assessment rolls, shall be obtained from the Village Clerk along
with a sufficient quantity of notice forms. When the applicant has
been notified by the Board of Appeals regarding the time and date
of the public hearing, notice shall be sent to the surrounding property
owners by certified mail, return receipt requested. The list of surrounding
property owners shall be furnished with the appeal or application
to the Board of Appeals. Proof of notification shall be presented
at the public hearing.
[Amended 10-22-2002 by L.L. No. 2-2002; 7-16-2024 by L.L. No. 3-2024]