A.
There is hereby created a Zoning Board of Review, hereafter called
the "Board." The Board shall consist of five members, each to hold
office for the term of five years; provided, however, that the original
appointments shall be made for terms of one, two, three, four, and
five years, respectively. The Board shall also include two alternates
to be designated as the first and second alternate members, each for
one-year terms. Alternate members shall sit and may actively participate
in hearings. The first alternate shall vote if a member of the Board
is unable to serve at a hearing and the second shall vote if two members
of the Board are unable to serve at a hearing. In the absence of the
first alternate member, the second alternate member shall serve in
the position of the first alternate. No member or alternate may vote
on any matter before the Board unless they have attended all hearings
concerning that matter.
B.
Members and alternates of the Board shall be legal residents of the
Town of Coventry.
C.
The Board shall, in May of each year, elect a Chairman, Vice-Chairman
and a Secretary from its membership and may adopt rules to be used
in the conduct of its business.
D.
The Board as constituted at the time of the adoption of this chapter
shall be continued, and all members shall hold office for the remainder
of their respective terms.
E.
Members of the Board serving on the effective date of adoption of
this chapter shall be exempt from provisions of this chapter respecting
terms of originally appointed members until the expiration of their
current terms.
F.
If a vacancy occurs on the Board, for whatever reason at any time,
the Town Council shall appoint a new member for the unexpired term.
The following shall constitute termination of membership: voluntary
resignation; nonreappointment; or failure to maintain qualifications
of membership.
G.
Members of the Board may be removed from office for cause by a majority
vote of the Town Council upon written charges and after a public hearing,
if requested.
A.
The Board shall have the following powers and duties:
(1)
To hear and decide appeals in a timely fashion where it is alleged
there is error in any order, requirement, decision, or determination
made by the Building Inspector or the Zoning Enforcement Officer in
the enforcement or interpretation of the Zoning Enabling Act or this
chapter;
(2)
To hear and decide appeals from a party aggrieved by a decision
of the Historic District Commission when and if historic district
zoning is established in the Town;
(3)
To authorize, upon application, in specific cases of hardship,
variances in the application of the terms of this chapter;
(4)
To authorize, upon application, in specific cases, special use
permits;
(5)
To refer matters to the Planning Commission, or to other boards
or agencies of the Town as the Board may deem appropriate, for findings
and recommendations;
(6)
To provide for issuance of conditional zoning approvals where
a proposed application would otherwise be approved except that one
or more state or federal agency approvals which are necessary are
pending. A conditional zoning approval shall be revoked in the instance
where any necessary state or federal agency approvals are not received
within a specified time period;
(7)
To promulgate rules and regulations to enforce this chapter;
(8)
To provide for the payment of reasonable fees, in an amount
not to exceed actual costs incurred, to be paid by the appellant or
applicant for the adequate review and hearing of applications, the
issuance of zoning certificates, and for the recording of the decisions
thereon; and
(9)
To hear and decide other matters, according to the terms of
this chapter or other statutes, and upon which the Board may be authorized
to pass under this chapter or other statutes.
B.
An appeal to the Board from a decision of the Building Inspector
or the Zoning Enforcement Officer in the enforcement of this chapter
may be taken by any person, officer, department or board of the Town
or state aggrieved or affected by such decision or other action. Such
appeal shall be taken within 30 days of the recording of the decision
or action by the Building Inspector or the Zoning Enforcement Officer
by filing a notice of appeal with the Zoning Board of Review Clerk
specifying the grounds therefor. The Building Inspector or the Zoning
Enforcement Officer shall transmit to the Board all the records upon
which the decision or action was based. An appeal shall stay all proceedings
in furtherance of the decision or action appealed from, unless the
Building Inspector or Zoning Enforcement Officer certifies to the
Board that a stay would cause imminent peril to life or property.
In such a case, proceedings shall not be stayed other than by a restraining
order granted by a court of competent jurisdiction.
C.
In exercising its powers the Board may reverse or affirm wholly or
partly and may modify the order, requirement, decision, or determination
appealed from and may make such orders, requirements, decisions, or
determinations as ought to be made, and to that end shall have the
powers of the officer from whom the appeal was taken. All decisions
and records of the Board respecting appeals shall conform to the provisions
of § 255-420E.
A.
Meetings of the Board shall be held at the call of the chairperson,
by vote of the membership, or by written request signed by three members
of the Board and filed with the Town Clerk. The Chairperson or in
his absence, the Vice-Chairperson, may administer oaths and compel
the attendance of witnesses.
B.
When transacting business, conducting a public hearing, or arriving
at a decision, the Board shall at all times consist of at least five
participating members. As soon as a conflict of interest occurs for
a member, that member shall recuse himself or herself, shall not sit
as an active member, and take no part in the conduct of the hearing.
Only five active members shall be entitled to vote on any issue. The
concurring vote of three of the five members of the Board shall be
necessary to reverse or modify any order, requirement, decision or
determination of the Building Inspector or the Zoning Enforcement
Officer and the concurring vote of four of the five members of the
Board sitting at a hearing shall be required to decide in favor of
the applicant on the matter of a variance, special use permit, or
any other matter upon which the Board is authorized to pass.
C.
The Board shall hold a public hearing on all appeals and on applications
for special use permits. Such hearing shall not be held later than
45 days after receipt, in proper form, of an appeal or application.
Public notice thereof shall be given at least 21 days prior to the
date of hearing in a newspaper of general circulation in the Town.
In addition, the appellant or applicant shall give written notice
by certified mail at least 21 days before such hearing to all property
owners of record within the notice radii specified below (excluding
road rights-of-way). The requirement for notice by certified mail
shall apply even where properties within the notice radii are located
in an adjacent municipality. Where the notification radius includes
properties in an adjacent municipality, notice by certified mail shall
also be sent to the Clerk of the adjacent city or town. A list of
the names and addresses of these persons shall be determined from
current public records within the appropriate municipality. Proof
of such mailing shall be established by the applicant's filing an
affidavit of such notice with the Town Clerk. The Board shall render
a decision on any matters before it within 45 days after the termination
of the public hearing.
Notice Radius
Measured from Property Boundary
(feet)
|
Zone
|
---|---|
200
|
R-20
|
500
|
VRC, VMC, GB, BP, I1, I2
|
1,000
|
RR-2, RR-3
|
2,000
|
RR-5
|
D.
The Board shall include in its decision all findings of fact and
conditions, showing the vote of each member participating thereon,
and the absence of a member or his or her failure to vote. Decisions
shall be recorded and filed in the office of the Board within 30 working
days from the date when the decision was rendered and shall be a public
record. The Board shall keep written minutes of its proceedings, showing
the vote of each member upon each question, or, if absent or failing
to vote, indicating such fact, and shall keep records of its examinations,
findings of fact, and other official actions, all of which shall be
recorded and filed in the Office of the Town Clerk in an expeditious
manner upon completion of the proceeding. A copy of the Board's decision
shall also be recorded in the land evidence records of the Town. For
any proceeding in which the right of appeal lies to the superior or
supreme court, the Board shall have the minutes taken either by a
competent stenographer or recorded by a sound-recording device. All
costs for stenographic services shall be paid by the applicant.
[Amended 5-14-2018 by Ord. No. 03-18-321]
E.
Any decision by the Board, including any special conditions attached
thereto, shall be mailed to the appellant or applicant, the Town Clerk,
the Building Inspector or the Zoning Enforcement Officer, the Town
Planner and the Commission, and to the Associate Director of the Division
of Planning of the Rhode Island Department of Administration. Any
decision evidencing the granting of a variance, modification, or special
use shall also be recorded in the land evidence records of the Town.
F.
Where the Board denies a request for variance or special use permit,
an application requesting an identical action may not be considered
for a period of one year from the date of such denial unless the Board
in its discretion votes affirmatively to reconsider the request.
G.
Copies of all applications to the Board shall be forwarded to the
Planning Commission for advisory review and recommendation.
A.
The Board shall have the power to grant a special use permit for the uses so designated in Article VI.
B.
In granting any special use permit, the Board shall require that
evidence to the satisfaction of the following standards be entered
into the record of the proceedings:
(1)
Ingress and egress to the lot and to existing or proposed structures
thereon with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case of fire,
emergency or catastrophe;
(4)
Utilities, with reference to locations, availability and compatibility;
(6)
Signs, if any, and exterior lighting with reference to glare, traffic safety, economic effect on and compatibility and harmony with lots in the zoning district (see Article XV);
(7)
Required yards and other open space;
(8)
General compatibility with lots in the same or abutting zoning
districts;
(9)
The use will not result in or create conditions that will exceed the industrial performance standards in Article VII;
(10)
General compatibility with the Coventry Comprehensive Plan;
and
(11)
That the granting will not result in conditions inimical to
the public health, safety, morals and welfare.
C.
The Board shall hold a public hearing an any application for a special
use permit in an expeditious manner, after receipt, in proper form,
of an application, and shall give notice thereof at least 14 days
prior to the date of the hearing in a newspaper of general circulation
in the Town. Notice of hearing shall be sent by certified mail to
the applicant and to at least all those who would require notice under
§ 255-420C of this chapter. The notice shall also include
the street address of the subject property. The posting shall be for
informational purposes only and shall not constitute required notice
of a public hearing. The cost of notification shall be borne by the
applicant.
D.
Approval of an application for a special use permit shall expire
one year from the date recorded in the Town Clerk's Office unless
the applicant exercises the permission granted or receives a building
permit to do so and begins the construction and diligently pursues
it until completed. The disregarding of any conditions made part of
the special use permit shall be deemed a violation of this chapter
and shall negate the granted special use permit. The Board may grant
a six-month extension of the special use permit if the applicant can
show just cause.
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.
A.
The Board shall have the power to:
(1)
Grant a variance from the literal requirements of this chapter
relating to density, dimensions or other site requirements, but not
involving the actual use or activity; and
(2)
Grant a variance from the use regulations or requirements of
this chapter where application is made for reinstatement of a nonconforming
use.
B.
An application for relief from the literal requirements of this chapter
because of hardship may be made by any person by filing with the Zoning
Board of Review Clerk an application in accordance with § 255-470.
The Zoning Board of Review Clerk shall immediately transmit each application
received to the Board and shall transmit a copy of each application
to the Planning Commission.
C.
The Board, immediately upon receipt of an application for a variance
in the application of the literal terms of this chapter, may request
that the Commission and/or planning staff shall report its findings
and recommendations, including a statement on the general consistency
of the application with the goals and purposes of the Comprehensive
Plan, in writing, to the Board within 30 days of receipt of the application
from that Board. The Board shall hold a public hearing on any application
for variance in an expeditious manner, after receipt, in proper form,
of an application. Public notice thereof shall be given at least 21
days prior to the date of hearing in a newspaper of general circulation
in the Town. In addition, the applicant shall give written notice
by certified mail at least 21 days before such hearing to all property
owners of record within 200 feet of the perimeter of the subject property
(excluding road rights-of-way). The requirement for notice by certified
mail shall apply where properties within 200 feet are located in an
adjacent municipality. Where the notification radius includes properties
in an adjacent municipality, notice by certified mail shall also be
sent to the Clerk of the adjacent city or town. A list of the names
and addresses of these persons shall be determined from public record.
Proof of such mailing shall be established by the applicant's filing
an affidavit of such notice with the Town Clerk. The Board shall render
a decision on any matters before it within 45 days after the termination
of the public hearing. The notice shall also include the street address
of the subject property. The cost of notification shall be borne by
the applicant.
D.
In granting a variance, the Board shall require that evidence to
the satisfaction of the following standards be entered into the record
of the proceedings:
(1)
That the hardship from which the applicant seeks relief is due
to the unique characteristics of the subject land or structure and
not to the general characteristics of the surrounding area; and is
not due to a physical or economic disability of the applicant;
(2)
That the hardship is not the result of any prior action of the
applicant and does not result primarily from the desire of the applicant
to realize greater financial gain;
(3)
That the granting of the requested variance will not alter the
general character of the surrounding area or impair the intent or
purpose of this chapter or the Coventry Comprehensive Plan; and
(4)
That the relief to be granted is the least relief necessary.
(5)
When the Zoning Enforcement Officer of the Town of Coventry
has recorded a notice of violation in the Coventry Land Evidence records
which is, in his opinion, a violation of any of the use or dimensional
regulation of the Coventry Zoning Ordinance, then the Board shall
be prohibited from granting a variance regarding said use or dimensional
regulation until such time as the applicant has corrected said violation
to the satisfaction of the Zoning Enforcement Officer.
E.
The Board shall, in addition to the above standards, require that
evidence be entered into the record of the proceedings showing that:
(1)
Granting of variances:
(a)
In granting a use variance the subject land or structure cannot
yield any beneficial use if it is required to conform to the provisions
of this chapter. Nonconforming use of neighboring land or structures
in the same district and permitted use of lands or structures in an
adjacent district shall not be considered in granting a use variance;
and
(b)
In granting a dimensional variance, that the hardship that will
be suffered by the owner of the subject property if the dimensional
variance is not granted shall amount to more than a mere inconvenience,
which shall mean that there is no other reasonable alternative to
enjoy a legally permitted beneficial use of one's property.
(2)
The fact that a use may be more profitable or that a structure
may be more valuable after the relief is granted shall not be grounds
for relief.
F.
The Board shall consider any application for variance in the light
of the Comprehensive Plan and shall consider the effect of the variance
on the future development of the Town.
G.
In granting or denying an application for any variance, the Board
shall set forth specific reasons for its decision in writing.
H.
Approval of the application for a variance shall expire one year
from the date recorded in the Town Clerk's Office unless the applicant
exercise the permission granted by obtaining a building permit and
begins construction and diligently pursues it until completed. The
Board may grant a six-month extension of the variance upon a showing
of just cause by the applicant.
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.
A.
An application for a special use permit or variance may be made by any person desiring such action by filing with the Zoning Board of Review Clerk the prescribed application which shall describe the request and contain such information as may be required by this chapter and by the rules of the Board. All applications shall be accompanied at the time of filing by a plot plan drawn to scale showing the location of all lot and street lines, existing and proposed structures, utilities, wells, sewage disposal systems of the property which is the subject of the appeal or application. Additional application requirements may be found in Article XVI (Development Plan Review). All applications shall be accompanied by a plat map showing lot and street lines and approximate location of structures on premises adjacent to the property which is the subject of the application. All applications shall be filed with the Zoning Board of Review Clerk at least 20 days prior to the next scheduled public hearing date, and shall be accompanied by the fees required.
B.
An application for a special use permit, variance or appeal from
a decision of the Building Inspector, shall require a filing fee as
exhibited in Table 3-1.
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.