Amendments
Any person may apply for an amendment making a specific change in the zoning map by filing an application with the town clerk directed to the town council accompanied by a filing fee of one hundred fifty dollars ($150.00) together with such fee as the town clerk may require to reimburse the town for the estimated expenses of advertising and registered or certified mail.
Immediately upon receipt of the proposal the town clerk shall refer it to the town council and to the plan commission for study and recommendation. The plan commission shall report to the town council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations; including, as required by section 45-24-52 of the General Laws,
(a) A statement of 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; and
(b) A demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in section 45-24-30 of the General Laws.
The town council shall hold a public hearing within sixty-five (65) days of receipt of a proposal after notice as required by section 45-24-53. The town council shall render a decision within forty-five (45) days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
(A) No proposed amendment making a specific change in the zoning map shall be enacted until after a public hearing, at which, opportunity shall be given for all persons interested to be heard, has been held upon the question of the enactment, amendment or repeal of such ordinance, before the town council, who shall first give written notice of the time and place of such public hearing, and the nature and purpose thereof, to all owners of any real property within three hundred (300) feet of the perimeter of the real property which is the subject matter of the proposed amendments, enactment or repeal by registered or certified mail at least fourteen (14) days before the date of such hearing and by publication of such notice in a newspaper of general circulation within such town at least once each week for three (3) successive weeks prior to the date of such hearing. Notice shall also be mailed to Associate Director of R.I. Division of Planning, Department of Administration at least fourteen (14) days prior to the hearing. The town council may in approving a zone change limit such change to one (1) of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations and conditions upon the use of the land as it deems necessary. The town clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for that purpose for a period of two (2) years, the town council may after a public hearing as hereinbefore set forth, change the land to its original zoning use before such petition was filed.
Such newspaper notices containing a statement of the proposed amendments to the ordinance shall be inserted once in its entirety and thereafter a weekly formal legal notice shall be inserted stating that a public hearing will be held specifying the time and place of such hearing. Such subsequent formal notices shall include reference to such original advertisement which gave full description. 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 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.
(B) Where a proposed general amendment to an existing zoning ordinance 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 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 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 town 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 three hundred (300) feet of the perimeter of the area proposed for change, whether within the town or within an adjacent city or town. 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.
(D) Notice of a public hearing shall be sent by first class mail to the town council of any city or town to which one (1) or more of the following pertain:
(1) Which is located in or within not less than three hundred (300) 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 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 (2,000) feet thereof.
(F) 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.
(G) Costs of any notice required under this section shall be borne by the applicant.
(H) In granting a zoning ordinance amendment, notwithstanding the provisions of section 45-24-37 of the General Laws, the town council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including, without limitation:
(1) 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 which are the subject of the zoning change;
(2) Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
(3) Those relating to the use of the land; as it deems necessary.
The town clerk 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 the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two (2) years or more after the zone change becomes effective, the town council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the petition was filed. 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.