Amendments

A. Changes in text or boundaries.
- (1) This chapter may be amended by the Town Council on its own initiative or by application of any person, group of persons, corporation or agency. All applications for amendment shall be filed at the office of the Town Clerk and shall be accompanied by a complete description of the proposed amendment and portion of the chapter proposed for amendment.
- (2) Where the application is for a change in the boundary of a zoning district, the application shall be accompanied by an accurately drawn map showing the following:
  - (a) The boundaries of the property proposed for change, with appropriate plat, lot and street numbers, and the dimensions and area of the proposed change.
  - (b) All properties within 200 feet from the perimeter of the property proposed for change, including those outside of municipal and state boundaries, together with plat and lot numbers and the names and mailing addresses of the owners of record of all said properties.
  - (c) The present zoning district boundaries in the area, as determined by the Official Zoning Map.
B. Fees. Except for action initiated by the Town Council or a Town agency or official, all applications for amendment shall be accompanied by a filing fee in an amount set from time to time by the Town Council, payable to the Town of West Greenwich and returnable only in the event that the application is withdrawn prior to the publication of notification of the public hearing.
C. Procedure for amendment. The West Greenwich Town Clerk shall receive all proposals for the amendment or repeal of the West Greenwich Zoning Ordinance and/or Zoning Map. Immediately upon receipt of the proposal, the Town Clerk shall refer the proposal to the Town Council, and to the West Greenwich Planning Board for study and recommendation. The Planning Board shall, in turn, notify and seek the advice of the Town Planner and shall report to the Town Council within 45 days after receipt of the proposal, unless extended for good cause, giving its findings and recommendations as prescribed in R.I.G.L. § 45-24-52. Where a proposal for the amendment or repeal of this chapter or the Zoning Map is made by the West Greenwich Planning Board, the requirements for study by the Board may be waived, provided that the proposal by the Planning Board includes its findings and recommendations pursuant to R.I.G.L. § 45-25-52. The West Greenwich Town Council shall hold a public hearing within 65 days of receipt of a proposal, after giving proper notice as prescribed by this chapter. The Town Council shall render a decision on any proposal within 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.
D. Review by Planning Board or Commission. Among its findings and recommendations to the Town Council with respect to a proposal for amendment or repeal of this chapter or the Zoning Map, the Planning Board or Commission shall:
- (1) Include a statement on the general consistency of the proposal with the Comprehensive Plan of the Town of West Greenwich, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan; and
- (2) Include a demonstration of recognition and consideration of each of the applicable purposes of this chapter.
E. Notice and hearing requirements.
- (1) The West Greenwich Zoning Ordinance shall not be amended or repealed until after a public hearing has been held upon the question before the West Greenwich 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 per 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. Written notice, which may be a copy of the newspaper notice, shall be mailed to the statewide planning program, and, where applicable, to the parties specified in Subsection E(2), (3), (4), and (5) of this section, at least two 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:
  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
  - (a) Specify the place of the hearing and the date and time of its commencement;
  - (b) Indicate that the amendment or repeal of a zoning ordinance is under consideration;
  - (c) Contain a statement of the proposed amendment(s) to the ordinance that may be printed once in its entirety, or summarize and 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 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.
- (2) Where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map(s), public notice shall be given as required by Subsection E(1) of this section.
- (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 Subsection E(1) 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 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 thereof 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 Town or within an adjacent city or 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 registered, certified or 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 that for any notice sent by first class mail, the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, PS Form 3817, or any applicable version thereof, to demonstrate proof of such mailing.
    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- (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, 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 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) 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.
- (7) Costs of any notice required under this section shall be borne by the applicant.
- (8) Imposition of limitations and conditions.
  - (a) In granting a zoning ordinance amendment, notwithstanding the provisions of R.I.G.L. § 45-24-37, the Town Council may limit the change to one of the permitted uses in the zone which the subject land is rezoned, and impose such limitations, conditions, and restrictions as it deems necessary, including, without limitation:
    - [1] Requiring the petitioner to obtain a permit or approval for 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.
  - (b) The Town Council shall cause the limitations and conditions so imposed to be clearly noted on the West Greenwich 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 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.
- (9) The above requirements are to be construed as minimum requirements.