The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented or repealed by the Town Council. Any person may petition the Town Council for an amendment.
Proposals for the adoption, amendment, or repeal of this chapter or the Zoning Map shall be made to the Town Council.
Immediately upon receipt of the proposal, the Council shall refer the proposal to the Commission for study and recommendation. The Commission shall, in turn, notify and seek the advice of the Coventry Department of Planning and Development, and shall report to the Town Council within 45 days after receipt of the proposal with its findings and recommendations as prescribed in § 255-1810.
Where a proposal for adoption, amendment, or repeal of this chapter or the Zoning Map is made by the Commission, the requirements for study by the Board may be waived, provided that the proposal by the Commission include its findings and recommendations pursuant to § 255-1810.
The Town Council shall hold a public hearing within 65 days of receipt of a proposal, giving proper notice as prescribed in § 255-1820. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing.
The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment, or repeal of this chapter or the Zoning Map, the Commission shall:
Include a statement on the general consistency of the proposal with the Coventry Comprehensive Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan; and
Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in § 255-110.
This chapter shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. The Town Council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing an opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in Subsections B, C, D and E, at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
Specify the place of the hearing and the date and time of its commencement;
Indicate that adoption, amendment, or repeal of this chapter is under consideration;
Contain a statement of the proposed amendments to the Ordinance that may be printed once in its entirety, or summarize and describe the matter under consideration;
Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
Where a proposed general amendment to this chapter includes changes to the Zoning Map, public notice shall be given as required by § 255-1830A.
Where a proposed amendment to this chapter includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required by § 255-1830A with the additional requirements that:
Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, existing streets and roads and their names, and Town boundaries where appropriate; and
Written notice of the date, time, and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than 200 feet of the perimeter of the area proposed for change, whether within the Town or within an adjacent city or town. The notice shall be sent by registered or certified mail to the last known address of the owners, as shown on the current real estate tax assessment records of the city or town in which the property is located.
Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:
Which is located in or within not less than 200 feet of the boundary of the area proposed for change; or
Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change; provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Building Inspector a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
No defect in the form of any notice under this section shall render this chapter or amendment invalid, unless the defect is found to be intentional or misleading.
Costs of any notice required under this section shall be borne by the applicant.
In granting an amendment to this chapter the Town Council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and may impose such limitations, conditions, and restrictions, including, without limitation:
Requiring the applicant to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;
Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
Those relating to the use of the land, as it deems necessary.
The responsible Town official shall cause the limitations and conditions so imposed pursuant to § 255-1830A to be clearly noted on the Zoning Map and recorded in the land evidence records of the Town, provided, however, in the case of a conditional zone change, that the limitations, restrictions, and conditions shall not be noted on the Zoning Map until the zone change has become effective.
If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the Town Council may, after a public hearing as set forth in § 255-1820, change the land to its original zoning use before the petition was filed.
If any limitation, condition, or restriction in this chapter imposed pursuant to § 255-1830 is held to be invalid by a court in any action, that holding shall not cause the remainder of this chapter to be invalid.
This chapter shall be reviewed periodically by the Commission. When the Commission deems necessary, it shall recommend changes to the Town Council. This review shall be made at least once every two years.
Where a request for an amendment is denied, the Town Council may not consider another application requesting the same action for a period of one year from the date of such denial, unless the Council in its discretion votes affirmatively to reconsider a request for an amendment.
The fee for each application for an amendment shall be paid by the applicant and shall be $250, plus the advertising costs. The fees shall be waived for any application submitted on behalf of any Town agency.
Amendments or changes to zoning district boundaries shall be made to the Zoning Map within 10 working days after their adoption by the Town Council.
An appeal of an enactment of or an amendment to this chapter may be taken to the Kent County Superior Court in accordance with R.I.G.L. § 45-24-71 by filing a complaint in accordance therewith within 30 days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town or by any association of residents or landowners of the Town. The appeal shall not stay the enforcement of this chapter, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.