Notice and hearing requirements.
§ 255-1820. Notice and hearing requirements. [Amended 3-25-2025 by Ord. No. 2025-03]
A. This chapter shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council.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 (hereinafter "notice") by publication of notice in a newspaper of local circulation within the Town at least once each week for three (3) consecutive 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 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 (2) weeks prior to the hearing. The same notice shall be posted in the Town Clerk's Office and one other town building and be accessible on the Town's website for at least fourteen (14) days prior to the hearing. 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 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 as long as the intent and effect of the proposed ordinance is expressly written in that notice;
(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 of the Code.
C. 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.
D. 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 Subsection A of this chapter and section, 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 USPS 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 in which the property is located; provided, for any notice sent by USPS first-class mail, the person sending the notice shall prepare and submit an affidavit in which they swear and attest to mailing the notice.
E. Notice of the 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.
F. 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 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.
G. 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 records of the Town. The notice shall be given by USPS first-class mail at least two (2) weeks prior to the hearing at which the text amendment is to be considered, with the content required by Subsection A of this section. If the zoning ordinance contains an existing merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots. For any notice sent by USPS first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
H. 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.
I. Any actual costs of newspaper notices/advertising as well as the cost of mailing notices required under this chapter and section shall be due from and payable by the applicant.