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South Kingstown
Town of South Kingstown Zoning Ordinance
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§ 1002

Notice and hearing requirements

  • A. Notice required for all amendments. No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the town council. 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 but not the day of the hearing. At such hearing, opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed by the town clerk to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Where applicable, written notice shall be mailed by the applicant to the parties specified in subsections B., C., D., and E. of this section, at least two (2) 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 ordinance is under consideration;.

    • 3. Contain a statement of the proposed amendments to the ordinance, that may be either printed once in its entirety, or may 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 such alteration or amendment must be presented for comment in the course of the hearing.

  • B. General amendment. Where a proposed general amendment to the ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection A., of this section.

  • C. Specific map amendment. Where a proposed amendment to the 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 two hundred (200) 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.

  • D. Notice to neighboring municipalities. 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 (1) 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 to water supply entities. 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 official 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. Defect in notice. 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. Cost of notice. Costs of any notice required under this section shall be borne by the applicant.