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City of Providence
City of Providence Zoning Ordinance
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§ 1900

ZONING TEXT AND MAP AMENDMENT

1900 ZONING TEXT AND MAP AMENDMENT

  • A. Purpose This Ordinance may, from time to time, be amended or repealed as provided in Section 45-24-51 of the General Laws of Rhode Island, as amended.

  • B. Authority The City Council, after receiving a recommendation from the City Plan Commission, will take formal action on requests for zoning text or map amendments.

  • C. Procedure

    1. Upon receipt of a complete proposal for a zoning text or map amendment, the City Clerk will refer the proposal to the City Council and City Plan Commission for study and recommendation.

  • 2. Upon receipt of the proposal, the City Plan Commission will notify and seek the advice of the Department of Planning and Development and report to the City Council within 45 days of receipt of the proposal, giving its findings and recommendations.

  • 3. The City Plan Commission recommendation shall include: a. A statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan.

    • b. A demonstration of recognition and consideration of each of the applicable purposes of zoning, as delineated in Section 101.

  • 4. When an amendment proposal is made by the City Plan Commission, the requirement for a study is waived, provided that the proposal by the Commission includes its recommendations pursuant to item 3 above.

  • 5. The City Council shall hold a public hearing within 65 days of receipt of a proposal, providing notice as required in Section 1801. The City Council shall render a decision on any proposal within 45 days of the close of the public hearing.

  • 6. The provisions of this section pertaining to deadlines do not apply to any extension consented to by an applicant.

    • D. Conditions and Restrictions

      1. In granting a map 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 further impose limitations, conditions, and restrictions, including, without limitation: a. Requiring the 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 that are the subject of the zoning change.

      • b. Those relating to the effectiveness or continued effectiveness of the zoning change.

      • c. Those relating to the use of the land, as it deems necessary.

  • 2. The limitations and conditions imposed shall be clearly noted on the Zoning Map and recorded in the land evidence records, provided that in the case of a conditional zone change, the limitations, restrictions, and conditions will not be noted on the Zoning Map until the change has become effective.

  • 3. If the permitted use for which the 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 change becomes effective, the City Council may, after a public hearing, change the land to its original zoning before the petition was filed.

  • 4. 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.

    • E. Appeals An aggrieved party, legal resident or landowner of the municipality, or group of residents or landowners may appeal an amendment to the Rhode Island Superior Court within 30 days after the amendment has become effective.