Adoption, amendment and administration of zoning ordinance
910.1 - Procedure. The director of the planning division shall be the officer to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Immediately upon receipt of such proposal, the director shall refer such proposal to the city council and the planning commission for study and recommendation. The planning commission shall report to the city council within 45 days after receipt of the proposal, giving its findings and recommendations. The city council shall hold a public hearing within 65 days of receipt of [the] proposal, giving proper notice as prescribed in section 910.3 of this ordinance. The city council shall render a decision on any such proposal within 45 days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.
State Law reference— Similar provisions, G.L. 1956, § 45-24-51.
910.2 - Review by planning commission. Among its findings and recommendations to the amendment or repeal of this ordinance or zoning map, the planning commission shall:
(1) Include a statement on the general consistency of the proposal with the comprehensive plan of the city, 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 section 100 of this ordinance.
State Law reference— Similar provisions, G.L. 1956, § 45-24-52.
910.3 - Notice and hearing requirements.
(1) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council. The city council shall first give notice of such public hearing by publication of notice in a newspaper of local circulation within the city at least once each week for three consecutive weeks prior to the date of such 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 to the proposed ordinance. Written notice to the parties specified in subsections (2), (3), (4) and (5) of this section, at least two weeks prior to the hearing. The same notice shall be posted in the city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on its municipal home page of its website at least 14 days prior to the hearing. The notice shall:
(a) Specify the place of said 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 ordinance that may be printed once in its entirety, or summarize or 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 copies; and
(e) State that the proposal 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 such alteration or amendment must be presented for comment in the course of said 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) of this section.
(3) Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment record of the city. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (1) and with reference to the merger clause in this ordinance and the impacts of common ownership of nonconforming lots. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(4) 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 in subsection (1) of this section, 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 city 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 within 200 feet of the perimeter of the area proposed for change, whether within the City of Central Falls or within an adjacent city or town in which the property is located.
(5) 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:
(a) Which is located within 200 feet of the boundary of the area proposed for change; or
(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. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. 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 city or town where the property is located; provided, for any notice sent by first-class mail, sender of the notice shall submit a notarized affidavit to attest to such mailing.
(6) 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 company has filed with the building inspector in the city 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.
(7) No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.
(8) Costs of newspaper and mailing notices required under this section shall be borne by the applicant.
(9) In granting a zoning ordinance amendment, the city 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 subject to the zoning change;
(b) Relating to the effectiveness or continued effectiveness of the zoning change; and/or
(c) Relating to the use of the land, as it deems necessary.
The director and the city clerk 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 city council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before such petition was filed.
If any limitation, condition, or restriction in an ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.
State Law reference— Similar provisions, G.L. 1956, § 45-24-53.
910.4 - Maintenance of zoning ordinance. The city clerk shall be the custodian of this zoning ordinance and zoning map or maps created hereunder. The director shall be responsible for maintenance and update of the text and zoning map comprising this ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized change(s). The director shall be responsible for review of this ordinance annually, and whenever changes are made to the comprehensive plan of the city, to identify any changes necessary and forward these changes to the city council.
State Law reference— Similar provisions, G.L. 1956, § 45-24-55.
910.5 - Publication and availability of zoning ordinance. Printed copies of this ordinance and map(s) shall be available to the general public through the city clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.
Upon publication of this ordinance and map(s), and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the State of Rhode Island, and the state law library.
State Law reference— Similar provisions, G.L. 1956, § 45-24-45.
910.6 - Appeal of enactment of or amendment to zoning ordinance. An appeal of the enactment of or an amendment to this ordinance may be taken to the superior court for Providence County by filing a complaint within 30 days after such enactment or amendment has become effective. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the city, or by any association of residents or landowners of the city. This appeal shall not stay the enforcement of the zoning ordinance, 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.
State Law reference— Similar provisions, G.L. 1956, § 45-24-71.