[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 500 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]