Adoption
5.A. Adoption; power of council to adopt; consistency with comprehensive plan.
For the purpose of promoting public health, safety, morals and general welfare, the town council shall have the power to adopt, amend or repeal, and to provide for the administration, interpretation and enforcement of the the zoning ordinance. Amendments shall be consistent with the comprehensive plan.
5.B. Adoption; application procedure.
A. An application to amend the zoning ordinance shall be submitted to the planning board.
B. If the application proposes an amendment to the zoning map, the applicant shall submit seven copies of a plan prepared by a professional engineer registered in Rhode Island. The plan shall show the area to be rezoned, shall be prepared to a scale sufficient to clearly show all of the information required, and shall include the following information:
1. Name and address of the proposed development.
2. Name and address of property owner and applicant.
3. Name, address and telephone number of person or firm preparing application plan.
4. Date of plan preparation, with revision date(s) (if any).
5. Graphic scale and true north arrow.
6. Plat and lot number(s) of the land being subdivided.
7. Zoning district(s) of the subject property and the zoning requested. If more than one district, zoning boundary lines must be shown.
8. Perimeter boundary line of the development, drawn so as to distinguish them from other property lines.
9. Area of the development parcel and proposed number of buildable lots, dwellings structures or other proposed improvements.
10. Location and dimension of existing property lines within or abutting the development parcel, easements and rights-of-way.
11. Location, width and names of existing streets within and immediately abutting the development parcel.
12. Names of abutting property owners and property owners immediately across any adjacent streets.
13. Location of wooded areas and notation of existing ground cover.
14. A map showing the existing and proposed boundaries, zoning districts/boundaries and existing streets and roads, their names and town boundaries where appropriate. This map will be advertised in a newspaper, it should be clear and reproducible.
15. Location of wetlands, watercourses or coastal features present on and/or within 200 feet of the property being rezoned.
16. Areas of agricultural use.
17. Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the development.
18. Proposed locations of wells and ISDS systems.
19. Site suitability for collecting and discharging stormwater.
20. Location of historic cemeteries on or immediately adjacent to the development (if any).
21. Location of any unique natural and/or historic features, including stone walls.
22. Notation on plan if the development parcel(s) are located within any of the following areas:
Natural heritage area (RIDEM); letter from DEM required for verification.
Groundwater protection overly district (town).
23. Base flood elevation data.
24. Identify wellhead protection area(s) within 500 feet of the development site.
25. A summary and description of the proposed amendment or repeal including intended use(s) of the property.
26. Any other information that the planning board deems necessary to evaluate the unique conditions of the proposed use or site.
C. The following supplemental information shall be submitted with the plan:
1. An aerial photograph of the proposed development parcel and surrounding area.
2. A copy of the soils map of the development parcel and surrounding area. Use soil groupings from the comprehensive plan, and a general analysis of soil types and suitability for the development proposed. If any prime agricultural soils are within the development parcel(s), soils map shall be marked to show their location.
3. An estimate of the approximate population of the proposed development.
4. An estimate of the number of school-aged children to be housed in the proposed development.
5. Proposed impact to town services including, but not limited to, roads, fire, police, and schools.
6. Proposed phasing, if any.
7. A vicinity (locus) map, drawn to scale of one-inch equals 400 feet, or as necessary to show the area within one-half mile of the development parcel showing the locations of all streets, existing lot lines, and zoning district boundaries. Significant public facilities shall be identified.
8. An area context map to show the proposed developed site and the 500 feet immediately surrounding the site. The map shall contain information on all significant topographic, natural and build features.
9. An estimate of existing and potential traffic volumes related to the proposal.
10. Water supply.
D. The applicant shall submit the application fee with the application and supporting documents.
E. The administrative officer shall have 15 days from receipt of an application and the applicable application fee to determine if the application is complete. The administrative officer shall issue a certificate of completion or a certificate of incompletion with the incomplete items specified. The administrative officer may waiver of any application requirement that are not applicable to the proposal; provided, however, that the planning board shall have the authority to require an applicant to submit any additional information it determines to be necessary to assess the potential impact of the proposed zone change or to determine consistency with the comprehensive plan.
5.C. Adoption: Planning board recommendation
A. When the application is complete, the planning board shall have 45 days to submit its findings and recommendations to the town council.
B. The planning board shall review the application to determine its potential impact on the public health, safety and welfare and its consistency with the comprehensive plan. For zoning ordinance amendment applications submitted by property owners and for zoning ordinance amendments proposed by the planning board, the planning board shall prepare a written recommendation to the town council. The recommendation to the town council shall include:
(i) A determination of whether the amendment is consistent with the comprehensive plan, including but not limited to consistency with the goals and policies, the implementation program, and the future land use map;
(ii) A statement of how the proposed amendment addresses each of the purposes of zoning in R.I. Gen. Laws § 45-24-30 that are applicable to the proposal; and
(iii) A determination of the amendment's potential effects, if any, on the health, safety, and welfare of the town.
C. If the planning board determines that the proposal is inconsistent with the comprehensive plan, the planning board may advise the town council that an amendment to the comprehensive plan is necessary before the town council can approve the proposal.
5.D. Adoption: Town council public hearing.
A. The zoning ordinance shall not be 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 by publication of notice in a newspaper that circulates in Exeter 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. The newspaper notice shall:
B. Before acting on the proposed amendment, the town council shall conduct a public hearing at which all interested person shall have an opportunity to be heard.
C. The town council shall give notice of the public hearing by publishing the notice in a newspaper that circulates in Exeter 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. The notice shall:
1. Specify the date, time, and place of the hearing;
2. Indicate the adoption, amendment or repeal of the zoning ordinance is under consideration;
3. Contain a statement of the proposed amendments amendment. to the ordinance. The amendments that amendment 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 copies; or copied; and
5. State that the proposals shown thereon proposed amendments 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 during the hearing.
D. At least 14 days before the date of the public hearing shall be posted in the town clerk's office, in one other municipal building, and on the home page of the Town's website.
E. Where a proposed amendment includes general changes in an existing zoning map, public notice shall be given as required by subsections A and B of this section. In addition, if the proposed text amendment would cause one or more lots to become nonconforming in area or frontage, written notice shall be mailed at least 14 days before the public hearing by first class mail to the owner of each lot that would become nonconforming. If article III of this zoning ordinance contains a section automatically merging nonconforming lots in the same ownership, the notice shall contain a copy of the merger section and shall state that adoption of the proposed amendment may cause a legal nonconforming lot to merge with an adjacent nonconforming lot if both lots are owned by the same person or persons.
F. Where a proposed amendment includes a specific change in the zoning map, but does not affect districts generally, public notice shall be given as required by subsections B, and C of this section, with the additional requirements that the notice shall include a map showing the existing and proposed lot boundaries, existing and proposed zoning district boundaries, existing streets and roads and their names, and town boundaries. Written notice shall be sent by first class mail at least 14 days before the date of the public hearing to:
1. The owners of real property within 200 feet of the property that is the subject of the amendment, whether located in Exeter or an adjacent town. The last known names and addresses of the property owners shall be obtained from current real estate tax assessment records.
2. The town council of any town adjacent to Exeter if the subject property is located within 200 feet of the boundary of that town.
3. The town council of any other town where a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within 2,000 feet of the subject property.
4. The governing body of any state or municipal water department or agency, special water district, or private water company, or any private property owner, that has riparian rights to a surface water resource or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of the property that is the subject of the application, provided that the governing body of the state or municipal water department or agency, special water district, or private water company, or the private property owner, has filed with the Exeter building official a map survey showing those areas of surface water resources or watersheds and parcels of land.
5. An individual or entity holding a conservation or preservation restriction on the property.
G. 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.
H. Costs of any notice required under this section shall be borne by the applicant. If the applicant mails notices required by this section, he or she shall submit to the town clerk an affidavit attesting to the mailing, a copy of the notice mailed, and the names and addresses of the property owners to whom it was mailed.
5.E. Adoption: limitations and conditions.
A. In granting a zoning ordinance amendment the town council may limit the change to one of the uses permitted in the zone to which the subject land is rezoned, and impose limitations, conditions and restrictions including, without limitation:
1. Requiring the petitioner to obtain a permit or approval from any state or local governmental agencies or instrumentalities having jurisdiction over the land and use that are the subject of the zoning change.
2. Those relating to the effectiveness or continued effectiveness of the zoning change.
3. Those relating to the use of the land.
B. The zoning inspector 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.
C. 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.
5.F. Public notice registry.
A. The town shall establish and maintain a public notice registry that enables anyone to register to receive electronic notice of any proposed or enacted amendments to the zoning ordinance.
B. At least once a year, the town shall publish a notice of the availability of the public notice registry in a newspaper that circulates in Exeter.
C. The town shall post notice of the availability of the public notice registry on the town website and provide a link that members of the public can use to register to receive notice.
D. Notice provided through this registry does not qualify the recipient as an aggrieved party as that term is defined in article 2, section 1.2 of this ordinance.
(Ord. of 11-2-98(1); Ord. of 12-4-2023 (1))