Procedures.
§ 255-1110. Procedures.
A. Application for an amendment to the Zoning Map to create a RMD shall be filed in accordance with the requirements and procedures of Article XVIII of this chapter. Town Council may consider an application for a RMD floating zone map amendment simultaneously with rezoning to the underlying district as one (1) rezoning application.
B. Application for an amendment to the Zoning Map to create a RMD may be allowed to be filed concurrently with a land development application, in accordance with the requirements and procedures of Article XIV of this chapter. However, the fee for the Zone Map amendment application shall be $500, plus advertising costs.
C. All applications for a Zoning Map amendment to RMD shall be referred to the Planning Commission by the Town Council. The Planning Commission shall have sixty (60) days to respond to the Council. This sixty-day (60) period shall begin upon the receipt of two copies of all plans and the application in the Planning Department from the Town Clerk's Office after referral by the Council. The Planning Commission may request an extension of this time period if additional time is required to complete the review of the proposed RMD rezoning. The Council may act if the Commission fails to respond within the allotted time.
D. All RMD Zoning Map amendments shall be approved as conditional upon land development approval of the site plan. Conditional approval of the RMD zone change shall not bind the Planning Commission to approving a land development project for the site. The approval of a RMD zone change legally binds commitment by the applicant to carry out the development as proposed.
E. In addition to the plat requirements, a site plan, prepared by a Rhode Island registered engineer, and additional application materials shall be required consistent with the application forms and checklists maintained in the Department of Planning and Development.
F. The applicant shall show to the satisfaction of the Planning Commission that:
(1) The granting of approval will not result in conditions inimical to the public health, safety, morals and welfare; and (2) The granting of such approval will not substantially or permanently injure the appropriate use of property in the surrounding area or district; and (3) The plans for such project comply with all of the requirements of this chapter; and (4) The plans for such project are in conformance with the Coventry Comprehensive Plan.
G. In recommending an action to the Town Council, the Planning Commission shall enumerate its reasons for approval or denial and any stipulations that the Planning Commission would like imposed.
H. After receipt of the Planning Commission's recommendations, the Council shall hold a public hearing in accordance with Article XVIII of this chapter and shall act on the amendment within forty five (45) days of the hearing and may attach conditions to ensure the public health, safety, morals and welfare. Approval of the amendment requires that the final development shall conform to the plans as approved by the Council. Any changes to the plan will require a resubmittal of the application for the rezoning following all procedures of this article.
I. The approved site plan with any conditions stipulated in the rezoning shall be recorded in the Town Clerk's Office within fourteen (14) days of the Zoning Approval. The Town Planner and Town Engineer shall review the site plan for conformity with the approved rezoning and shall certify to the Town Clerk the conformance of the plan prior to its recording. If the plan does not conform to the approved rezoning, it shall not be recorded and the applicant shall have fourteen (14) days to correct the plan and resubmit for review and recording.