Public notice and hearing requirements
A. This zoning code shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council.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 the public hearing by publication of notice in a newspaper of general circulation within the city 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 zoning code. Written notice, which may be a copy of the newspaper 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 of this section, at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and 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 code is under consideration;
3. Contain a statement of the proposed amendments to the zoning code 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 of 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 zoning code 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 this zoning code includes a specific change in a zoning 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 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 two hundred (200) feet of the perimeter of the area proposed for change, whether within the city or within an adjacent city. The notice shall be sent by registered or certified mail to the last known address of the owners, as shown on the current tax assessor's records.
D. 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:
1. Which is located in or within not less than two hundred (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 two thousand (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 two thousand (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 inspector of 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 two thousand (2,000) feet thereof.
F. No defect in the form of any notice under this section shall render this zoning code or amendment invalid, unless the defect is found to be intentional or misleading.
G. Costs of any notice required under this section shall be borne by the applicant.
H. In adopting a zoning code amendment, the city council may limit the change to one of the permitted uses in the district to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:
1. Requiring a 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;
2. Relating to the effectiveness or continued effectiveness of the zoning change; and/or
3. Relating to the use of the land; as it deems necessary.
The zoning officer 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 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 herein before set forth, change the land to its original zoning use before the petition was filed.
(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.04)