[5-14-2018 by Ord. No. 02-18-320; 5-14-2018 by Ord. No. 03-18-321; 11-28-2023 by Ord. No. 2023-4; 3-25-2025 by Ord. No. 2025-09]
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 ("ZEO") 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. 
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 with respect to appeals shall conform to the provisions of Code § 255-4130B.
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, as defined by R.I. Gen. Laws § 36-14-1 et seq. as well as the rules and regulations of the Rhode Island Ethics Commission, occurs for a member, that member shall recuse themself, shall not sit on the dais or in the meeting room, and otherwise take no part in the conduct of the hearing.
C. 
Only five (5) active members shall be entitled to vote on any issue. The concurring vote of a majority of the members of the Board sitting at the hearing shall be necessary to reverse or modify any order, requirement, decision or determination of the ZEO from whom an appeal was taken and the concurring vote of a majority of the 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.
D. 
When 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.
A. 
The Board shall render a decision on any matters before it within fifteen (15) days after the public hearing is closed by a majority vote of the Board.
B. 
The Board shall include in its decision all findings of fact and conditions, registering the vote of each participating member, and the absence of a member or their failure to vote. The Board shall keep written minutes of its proceedings, recording the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and the Board 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 as expeditious a manner a practicable following the completion of a proceeding.
C. 
Decisions shall be recorded and filed in the office of the Board within thirty (30) working days from the date when a decision was rendered and decisions shall be a public record. A copy of all Board decisions shall also be recorded in the land evidence records of the Town.
D. 
For any proceeding from which a party to the proceeding has a right of appeal to the Rhode Island Superior or Supreme Courts, the Board shall have the minutes recorded stenographically and transcribed by a qualified stenographer or recorded by a sound-recording device and transcribed by a qualified transcriptionist. All costs for stenographic and/or transcription services shall be paid by the applicant.
E. 
All decisions of the Board, including any special conditions attached thereto, shall be mailed to the appellant or applicant, the Town Clerk, the Building Inspector or the ZEO, 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.
A. 
The Board, immediately upon receipt of an application for a variance or a special use permit, may request that planning staff 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 thirty (30) days of receipt of the application from the Board.
B. 
The Board shall hold a public hearing on an application for a variance or a special use permit in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the Town. A supplemental notice, that an application for a variance or a special use permit is under consideration, shall be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town and the notice shall be accessible on the Town's website at least fourteen (14) days prior to the hearing. For any notice sent by USPS first-class mail, the sender of the notice shall submit a notarized affidavit attesting the mailing. The cost of newspaper notification shall be due and payable from the applicant.
C. 
Notice by USPS first-class mail shall be sent by the applicant at least fourteen (14) days prior to the date of the hearing to all property owners within the notice radii specified under Subsections D and E of this Code section. Notice shall also be sent to at least those who would require notice under Code § 255-1820. The requirement for notice by USPS first-class mail shall apply even where properties within the notice radii are located in an adjacent municipality. Where notification radius includes properties in an adjacent municipality, notice by USPS 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 notice with the Town's Department of Planning and Development. The cost of mailing notification shall be paid by the applicant.
D. 
For dimensional variance and special use permit applications, notice shall be sent to all property owners within 500 feet measured from the perimeter of the property boundary, except in the case of applications within the R-20 Zoning District in which the notice shall be sent to all property owners within 200 feet measured from the perimeter of the property boundary.
E. 
For use variance applications, notice shall be sent to all property owners within the notice radii shown below, as measured from the perimeter of the property boundary:
Notice Radius
Measured from Property Boundary
(feet)
Zone
200
R-20
500
VRC, VMC, GB, GB-1, BP, I1, I2
1,000
RR-2, RR-3
2,000
RR-5
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;
(2) 
Off-street parking and loading areas where required (see Article XII), with particular attention to the items in Subsection B(1) above, and to the economic, noise, glare or odor effects of the special use permit on adjoining lots;
(3) 
Trash, storage and delivery areas with particular reference to the items in Subsection B(1) and (2) above;
(4) 
Utilities, with reference to locations, availability and compatibility;
(5) 
Screening and buffering with reference to type, dimensions and character (see Article XVII);
(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.
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. 
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 Enforcement Officer an application in accordance with Code § 255-4110. The ZEO shall immediately transmit each application received to the Board and shall transmit a copy of each application to the Planning Commission.
B. 
In granting a variance, the Board, or, when unified development review is triggered pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, 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
(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.
C. 
The Board, or, where unified development review is enabled pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
(1) 
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
(2) 
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, meaning that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. 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.
A. 
Any variance or special use permit shall expire one (1) year from the date recorded in the Town Clerk's Office unless the applicant exercises the permission granted or receives a building permit, begins construction and diligently performs construction of the project until it is completed. Construction shall be substantially completed within two (2) years from the date of approval. The Board may, upon written request for cause shown, renew the variance or special use permit for a second, one-year period. The request for an extension need not be advertised.
B. 
Should the applicant fail to begin construction following the issuance of a building permit, or obtain a certificate of occupancy within the second, one-year period, the Board may upon written request prior to the expiration of the second, one-year period, renew the variance or special use permit for a third, one-year period provided the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject variance or special use permit since the date of the filing of the resolution. Notice shall be given in accordance with Code § 255-440 and a hearing shall be held on the request.
C. 
The expiration periods of an approval of a variance or special use permit granted under this section under unified development review shall be the same as those set forth in the Rhode Island General Laws for the underlying type of project under review.
D. 
The above one-year periods shall be stayed as of the date any court action is commenced to overturn the approval and for the duration of the pendency of any such action.
When 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; and
B. 
Controlling the sequence of development, including when it must be commenced and completed; and
C. 
Controlling the duration of use or development and the time within which any temporary structure must be removed; and
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.
In accordance with R.I. Gen. Laws § 45-24-69, an aggrieved party may appeal any decision of the Board to the Rhode Island Superior Court sitting in Kent County by filing a complaint therein and setting forth the reasons of appeal within twenty (20) days after the decision has been recorded in the Town's land evidence records and posted in the office of the Town Clerk in a location visible to the general public. The posting in the Clerk's office shall be for a period of twenty (20) days following the recording of the decision.
After being served with a copy of the complaint, the Board shall file the original documents, or certified copies thereof, it acted upon and all other documents it relied upon or that otherwise constitute the record of the decision appealed from, together with such other facts as may be pertinent with the clerk of the Superior Court within thirty (30) days.
When a 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 in Superior Court. The appeal shall not stay the decision appealed from, but the Court may, on application, grant a stay and make orders it deems necessary and just while the appeal is pending before the Court.
A. 
An application for a special use permit or variance may be made by any person desiring such action by filing it with the Clerk of Zoning Board of Review. The prescribed application shall describe the request and contain such other 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 as well as existing and proposed structures, utilities, wells, and sewage disposal systems of the property, which is the subject of the appeal or application. Additional application requirements may be found in Article XVI of this chapter. 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 twenty (20) days prior to the next scheduled public hearing date, and shall be accompanied by payment for all required fees.
B. 
An application for a special use permit, variance or appeal from a decision of the Building Inspector, shall require a filing fee as set forth in Table 3-1.
The general public shall have the right to participate in any zoning hearing or other proceeding before the Board so long as the hearing or other proceeding is properly before the Board as a docketed matter on its agenda. The Board shall have, as a matter of course, a docket heading on its agenda entitled "Public Comment on Docketed Items; and Public Hearings" during which the public may exercises its right to participate, subject to Board rules concerning the conduct of its docket, hearings and public participation as well as guidance set forth on the docket itself.
Generally, participation in a zoning hearing or other proceeding by a party or member of the public shall not be a cause for civil action or liability except for: acts of bad faith, intentional misconduct, a knowing violation or misrepresentation of the law, a knowing misrepresentation of facts, transactions and relationships related to a docketed matter where there is an undisclosed personal benefit or self-interest; and other malicious, wanton, or willful acts of misconduct intended to provide misleading testimony.
A. 
An appeal to the Board from a decision of the ZEO 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 taken by the ZEO. Any appeal must be taken within thirty (30) days of the recording of the decision or action by the Building Inspector or the ZEO by filing a notice of appeal with the Clerk for the Zoning Board of Review setting forth the grounds for or reasons of appeal. The Building Inspector or the ZEO shall transmit to the Board all the records upon which the decision or action was based. Any appeal to the Board shall stay all actions or proceedings, including penalties and fines, in furtherance of the decision or action appealed from, unless the Building Inspector or ZEO certifies to the Board that a stay would cause imminent peril to life, life safety or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by a Court of competent jurisdiction.
B. 
In exercising its powers the Board may reverse or affirm, in whole or in part, 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 Code § 255-430E.
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. Gen. Laws § 45-23-42(b).
B. 
When granting requests for dimensional and use variances, the Planning Commission shall be bound to the requirements as set forth in Article IV of this chapter 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. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to R.I. Gen. Laws § 45-23-71.
D. 
Any decision on 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.