§ XV-D
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 No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. At said hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance.
- 2. General notice requirements. 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 (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held.
- a) 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 2., 3., 4., and 5. of this section, at least two (2) weeks prior to the hearing.
- b) 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 the 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.
- 3. Notice for a general amendment. Where a proposed general amendment to an existing zoning ordinance, having Town-wide or district wide effect, includes changes in an existing zoning map, public notice shall be given as required by Subparagraph 2 of this section.
- 4. Notice for specific lot(s) change(s). Where a proposed amendment to an existing ordinance includes a specific change in the zoning district map applicable to specific parcels, but does not affect districts generally, public notice shall be given as required by Subparagraph 2 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 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 two hundred feet (200') of the perimeter of the area proposed for change, whether within the Town or within an adjacent town.
- c) The notice shall be sent by registered or certified 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.
- 5. Notice of a public hearing shall be sent by first class mail to the Town Council of any town to which one (1) or more of the following pertain:
- a) Which is located in or within not less than two hundred feet (200') 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 two thousand feet (2,000') of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
- 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 two thousand feet (2,000') 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 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 two thousand feet (2,000') thereof.
- 7. 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.
- 8. Costs of any notice required under this section shall be borne by the applicant.