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City of Providence
City of Providence Zoning Ordinance
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§ 1801

NOTICE

1801 NOTICE

  • A. Rhode Island State Notice Registry Per State law, all public notices are required to be posted to the website of the Rhode Island Secretary of State. Any person or entity may register with the Secretary of State’s Office to receive notice of any public hearing or meeting posted to the website regarding a zoning application.

  • B. City Council Notice

    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 No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the City Council.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 give published notice of the public hearing for a change to this Ordinance by publication of notice in a newspaper of local 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 ordinance. The same notice shall be posted in the city clerk’s office and one other municipal building in the City and the City must make the notice accessible on the municipal home page of its website at least 14 days prior to the hearing. The notice shall be mailed, where applicable, to the parties specified in Sections 1801.B.2, 3, 4, and 5, at least 14 days prior to the hearing. The notice shall: a. Specify the place of the 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 may summarize or describe the matter under consideration as long as the intent and effect of the proposed regulation is expressly written in that notice; d. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and e. State that the proposals shown on the ordinance 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.

  • 2. Where a proposed general amendment to an existing ordinance includes changes to an existing zoning map, public notice shall be given as required by Section 1801.B.1.

  • 3. 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 by Section 1801.B.1, 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 and town boundaries where appropriate; and b. Written notice of the date, time, and place of the public hearing and the nature and purpose of the hearing 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 City or within an adjacent city of town. 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 in which the property is located; provided, for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

  • 4. 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 in or within not less than 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.

  • 5. 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 in 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 2,000 feet thereof.

  • 6. The City shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to this ordinance. The City shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of local circulation within the City. In addition, the City is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the City may use to impart information to the local community. However, notice pursuant to a public notice registry as per this requirement, does not alone qualify a person or entity on the public notice registry as an aggrieved party, per Rhode Island General Laws §45-24-31(4).

  • 7. No defect in the form of any notice under this section will render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.

  • 8. The cost of newspaper notice and mailings shall be borne by the applicant.

  • 9. Where a proposed text amendment to this 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 city or town. The notice shall be given at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by this section. Notice shall utilize a United States Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be retained to demonstrate proof of the mailing.

    • C. City Plan Commission, Downtown Design Review Committee, and Administrative Officer Notice When notice is required for a City Plan Commission, Downtown Design Review Committee, and administrative officer meeting hearing, or development review, such notice will be provided in accordance with the development review regulations adopted by the City Plan Commission pursuant to Rhode Island General Laws §45-23.

    • D. Zoning Board of Review and I-195 Redevelopment District Commission Public Hearing Notice 1. Mailed notice shall be sent by first class mail at least two weeks prior to the hearing to the applicant and to the following: a. All owners of real property as they appear in the current records of the City Assessor, whose property is located in or within not less than 200 feet of the perimeter of the lot(s) proposed for variance, special use permit, or development, whether within the City or within an adjacent city or town.

      • b. The City Council representative of the applicable ward, said notice to be delivered to the City Council representative by the City Sergeant.

      • c. The Office of the Superintendent of Schools.

      • d. The city or town council of any city or town which is located within 200 feet of the boundary of the area proposed for a variance, special use, or development.

      • e. Water authorities or 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 variance, special use permit, or development, regardless of municipal boundaries.

      • f. Any neighborhood group that registers the name of the organization, its officers and mailing address with the public body’s staff. Neighborhood group registration shall be renewed every year by July 1st. Failure to renew the registration relieves the staff of the responsibility of mailing out the agenda.

  • 2. Public notice of the hearing shall be published at least fourteen days prior to the date of the hearing in a newspaper of local circulation in the city.

  • 3. Mailed and newspaper notice shall include: a. The location of the hearing and the date and time of its commencement.

    • b. The street address of the subject property.

    • c. A statement of the proposed variance, special use, or development under consideration.

    • d. Information for those interested where and when a copy of the matter under consideration may be obtained or examined and copied.

    • e. All mailed notice shall be translated in accordance with Section 2-15 of the City Code of Ordinances.

  • 4. No defect in the form of any notice under this section will render any application for variance, special use permit, or development approval invalid, unless the defect is found to be intentional or misleading.

  • 5. The cost of newspaper and mailing notification shall be borne by the applicant.

  • 6. The same notice shall be posted in the City clerk’s office and one other municipal building in the City and the City must make the notice accessible on the municipal home page of its website at least 14 days prior to the hearing.

    • E. Historic District Commission Notice

      1. Mailed notice for a certificate of appropriateness shall be sent by regular mail to the applicant and to all abutting property owners at least seven days prior to the public meeting. An application for a certificate of appropriateness for demolition of any principal structure within any historic district requires published notice of a public hearing at least 14 days in advance in a newspaper of general circulation in the City.

  • 2. The applicant shall supply the Historic District Commission with a list of names and addresses of all abutting property owners from the most current records of the City Tax Assessor. The cost of mailed and published notice is the responsibility of the applicant, and he/she will be billed by the Department of Planning and Development for such costs.

    • F. Reserved

    • G. Administrative Modification Notice

      1. Upon an affirmative determination of an administrative modification, the Director of the Department of Inspection and Standards will notify, by first class mail, all property owners abutting the property that is the subject of the modification request and publish in a newspaper of local circulation within the City that the modification will be granted unless written objection is received within 14 days of the public notice.

  • 2. Mailed and published notice shall indicate the street address of the subject property in the notice.

  • 3. Costs of any notice required under this section are borne by the applicant.