A.
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chapter may from time to time be amended, supplemented or repealed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.
B.
Proposals for the adoption, amendment, or repeal of this chapter
or the Zoning Map shall be made to the Town Council.
C.
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.
D.
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.
E.
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.
F.
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:
A.
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
B.
Include a demonstration of recognition and consideration of
each of the applicable purposes of zoning, as presented in § 255-110.
A.
This chapter shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council.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:
(1)
Specify the place of the hearing and the date and
time of its commencement;
(2)
Indicate that adoption, amendment, or repeal of
this chapter is under consideration;
(3)
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;
(4)
Advise those interested where and when a copy of
the matter under consideration may be obtained or examined and copied;
and
(5)
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.
B.
Where a proposed general amendment to this chapter includes
changes to the Zoning Map, public notice shall be given as required
by § 255-1830A.
C.
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:
(1)
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
(2)
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.
D.
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:
(1)
Which is located in or within not less than 200
feet of the boundary of the area proposed for change; or
(2)
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.
E.
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.
F.
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.
G.
Costs of any notice required under this section shall be borne
by the applicant.
A.
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:
(1)
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;
(2)
Those relating to the effectiveness or continued
effectiveness of the zoning change; and/or
(3)
Those relating to the use of the land, as it deems
necessary.
B.
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.
C.
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.
D.
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.
