Amendments
(a) Application for amendment. This zoning chapter may be amended by application to the town council, filed at the office of the town clerk, by any person desiring such amendment.
(1) Such application shall include the specific language to be added, deleted or modified or, in the case of a zoning district change, shall include a map detailing the area subject to the requested amendment.
Such application shall be accompanied by a filing fee, payable to the town, from which a recorder (device or person) shall be hired. The applicant shall pay the cost of all legal advertising and mailing associated with the action in excess of the fee prior to the hearing. No public hearing shall be held and no action shall be taken on a request for amendment until all fees and costs have been paid.
(2) The town clerk, upon filing of an application for an adoption, an amendment, or repeal of a zoning ordinance or zoning map or maps, shall immediately upon receipt of the proposal refer the proposal to the town council and to the planning board for study and recommendation. The planning board shall, in turn, notify and seek the advice of the town planning department, and shall report to the town council within 45 days after receipt of the proposal, giving its findings and recommendations as prescribed below. Where a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map is made by the town planning board, the requirements for study by the board may be waived, provided that the proposal by the planning board includes its findings and recommendations.
(3) The town council shall hold a public hearing within 65 days of receipt of a proposal, giving proper notice as prescribed below, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance.
(4) Town council shall give notice of the public hearing by publication of notice in a newspaper of local 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. Written 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)—(e) of this section, at least two weeks prior to the hearing.
a. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. The notice shall:
1. Specify the place of the hearing and the date and time of its commencement;
2. Indicate that adoption, amendment, or repeal of a zoning ordinance 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 an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (a) of this section.
c. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required by subsection (a) of this section, with the additional requirements that:
1. Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and city 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 town. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the town in which the property is located; provided, for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notifications shall be borne by the applicant.
d. Notice of a public hearing shall be sent by first-class mail to the town council of any 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 official in the city or town 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 any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.
(5) 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.
(b) Review by planning board or commission. Among its findings and recommendations to the town council with respect to a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map, the planning board or commission shall:
(1) Include a statement on the general consistency of the proposal with the comprehensive plan of the town, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and
(2) Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in G.L. 1956, § 45-24-30.
(c) Notice and hearing requirements. No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the town council.
(1) 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 opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written 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 (2)—(5) of this subsection, at least two weeks prior to the hearing. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. The notice shall:
a. Specify the place of the hearing and the date and time of its commencement;
b. Indicate that adoption, amendment, or repeal of a zoning ordinance is under consideration;
c. Contain a statement of the proposed amendments to the chapter that may be printed once in its entirety, or summarize and describe the matter under consideration;
d. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
e. 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.
(2) Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (1) above of this subsection.
(3) Where a proposed amendment to an existing zoning ordinance includes changes in an existing zoning map, but does not affect districts generally, public notice shall be given as required by subsection (1) above of this subsection, with the additional requirements that:
a. Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and town boundaries where appropriate; and
b. 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 town. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the town in which the property is located; provided, for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.
(4) Notice of a public hearing shall be sent by first-class mail to the town council of any town to which one or more of the following pertain:
a. Which is located in or within not less than 200 feet of the boundary of the area proposed for change; and
b. 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.
(5) 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 official in the town 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.
(6) No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.
(7) Costs of newspaper and mailing notices required under this section shall be borne by the applicant.
(8) In granting a zoning ordinance amendment, notwithstanding the provisions of G.L. 1956, § 45-24-37, the town council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:
a. Requiring the petitioner 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;
b. Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
c. Those relating to the use of the land; as it deems necessary.
(9) The town planner shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, 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 hereinbefore set forth, change the land to its original zoning use before the petition was filed.
(10) If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.
(d) Hearings on specific zoning ordinances. The same procedures shall apply relative to the notice of public hearings.
(1) In addition thereto, all owners of any real property within 200 feet of the perimeter which is the subject matter of the proposed zoning amendment, enactment or repeal shall be notified by first-class mail at least seven days before the date of said hearing.
(2) Where the boundary line of an adjacent town falls within the aforementioned 200 feet, or where there is an actual or potential public or quasi-public water source within 1,000 feet, the town council of said adjacent town shall be entitled to such notice and shall be a party in interest.
(3) The town council may limit such specific change to one permitted use and impose such limitations and conditions upon the use of the land as it deems necessary. Such limitations and conditions are to be clearly noted on the zoning map. If the permitted use has been abandoned or the land not used for that purpose for a period of two years or more, the town council may, after another public hearing, return the land to its previous zoning classification.
(e) Review by planning board. At least once every two years, the planning board shall review this chapter and make a written report to the town council, recommending any amendments deemed appropriate in the light of current development trends and needs.
(Ord. of 5-27-2009; Ord. No. 12-13-2023(2))
State Law reference— Procedure for amending the zoning ordinance, G.L. 1956, § 45-24-51; notice and hearing requirements, G.L. 1956, § 45-24-53.