Any special exception previously granted under any Zoning Ordinance
of the Town shall continue to be a special exception, and shall not
be construed to become, by the passage of this chapter as revised
and amended in 1994, a nonconforming use or structure.
In granting a variance or special use permit, or in making any
determination upon which it is required to pass after a public hearing
under this chapter, the Board may apply such special conditions that
may, in the opinion of the Board, be required to promote the intent
and purposes of the Coventry Comprehensive Plan and this chapter.
Failure to abide by any special conditions attached to a grant shall
constitute a zoning violation. Those special conditions shall be based
on competent credible evidence on the record, be incorporated into
the decision, and may include, but are not limited to, provisions
for:
A. Minimizing adverse impact of the development upon other land, including
the type, intensity, design, and performance of activities;
B. Controlling the sequence of development, including when it must be
commenced and completed;
C. Controlling the duration of use or development and the time within
which any temporary structure must be removed;
D. Assuring satisfactory installation and maintenance of required public
improvements;
E. Designating the exact location and nature of development; and
F. Establishing detailed records by submission of drawings, maps, plats,
or specifications.
Participation in a zoning hearing or other proceeding by a party
shall not be a cause for civil action or liability except for acts
not in good faith, intentional misconduct, a knowing violation of
law, transactions where there is an improper personal benefit, or
malicious, wanton, or willful misconduct.
An aggrieved party may appeal a decision of the Board to the
Superior Court for Kent County in accordance with R.I.G.L. § 45-24-69
by filing a complaint setting forth the reasons of appeal within 20
days after the decision has been recorded and posted in the office
of the Town Clerk. The decision shall be posted in a location visible
to the public in the Town Hall for a period of 20 days following the
recording of the decision. The Board shall file the original documents
acted upon by it and constituting the record of the case appealed
from, or certified copies thereof, together with such other facts
as may be pertinent, with the clerk of the court within 30 days after
being served with a copy of the complaint. When the complaint is filed
by someone other than the original applicant or appellant, the original
applicant or appellant and the members of the Board shall be made
parties to the proceedings. The appeal shall not stay proceedings
upon the decision appealed from, but the court may, in its discretion,
grant a stay on appropriate terms and make such other orders as it
deems necessary for an equitable disposition of the appeal.
[Added Ord. No. 2023-4by 11-28-2023 ]
There shall be unified development review for the issuance of
variances and special use permits for properties undergoing review
under development plan review and/or land development or subdivision
review.
A.
Public hearing. All land development and subdivision applications,
and development plan review applications, which include requests for
variances and/or special use permits submitted pursuant to this section,
shall be heard in a public hearing that meets the requirements of
the Land Development and Subdivision Regulations and R.I.G.L. § 45-23-42(b).
B.
In granting requests for dimensional and use variances, the Planning Commission shall be bound to the requirements as set forth in Article
IV and specifically relative to entering evidence into the record in satisfaction of the applicable standards.
C.
In reviewing requests for special use permits, the Planning Commission shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as set forth in Article
IV and specifically relative to entering evidence into the record in satisfaction of the applicable standards.
D.
Appeals. An appeal from any decision made pursuant to this section
may be taken pursuant to R.I.G.L. § 45-23-71.
E.
Any decision for a variance or special use permit rendered by
the Planning Commission through unified development review shall be
required to provide for the recording of findings of fact and a written
decision. Such decision shall be made part of the record and recorded
in the land evidence records.