§ 708. Amendments to the Ordinance

A. General. For the purposes of promoting the public health, safety, morals and general welfare, the Town Council shall have the power to adopt, amend or repeal this Zoning Ordinance. This Ordinance shall be consistent with and shall provide for the implementation of the New Shoreham Comprehensive Community Plan.

B. Submittal Requirements. An application to amend the Ordinance shall be accompanied by the following:

1. Zone Change. When the proposed amendment includes a specific change in a zoning district map, but does not affect districts generally, the application shall include: a survey showing the parcel of land to be rezoned; the existing zone of the subject property and of all abutting properties; a current listing of the names and addresses of all owners of real property whose property is located in or within two hundred (200) feet of the perimeter of the area proposed for change; all appropriate fees, and; any other information or documentation necessary to demonstrate that the proposed amendment meets the needs of the Town and is consistent with the Comprehensive Plan and the intents and purposes of this Ordinance.

2. Other Amendment. An application for an amendment other than a zone change shall include any information or documentation necessary to support the application or requested by the Town Council to demonstrate that the proposed amendment meets the needs of the Town and is consistent with the Comprehensive Plan and the intents and purposes of this Ordinance.

C. Procedures. Submission, review and disposition of an application to amend the Ordinance shall be conducted as follows:

1. Application. An application to amend the Ordinance, together with the appropriate filing fee, shall be submitted to the Town Clerk on a form adopted by the Town Council for such purpose.

2. Planning Board Recommendation. Immediately upon receipt of the proposal, the Town Clerk shall transmit a copy of such proposal to the Town Council and to the Planning Board for study and recommendation. The Planning Board shall notify and seek the advice of the Planning Staff, and report to the Town Council within forty-five (45) days after receipt of the proposal giving its findings and recommendations. Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map is made by the Planning Board, the requirements for study by the Board may be waived, provided that the proposal by the Planning Board include its findings and recommendations. Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map, the Planning Board shall:

a. Include 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; and

b. Include a demonstration of recognition and consideration of the applicable purposes of zoning, as represented in Section 102, Purpose.

3. Public Hearing Required. Prior to the disposition of an application to amend the Ordinance, and within sixty-five (65) days of the receipt of the proposal, the Town Council shall hold a duly noticed public hearing at which opportunity shall be given to all interested persons to be heard on the proposed amendment.

4. Notice and Hearing Requirements.

a. General Notice Requirements. Notice of public hearing shall be given by the Town Clerk in a newspaper of general circulation in 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. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the Rhode Island Department of Administration, Division of Planning. The newspaper notice 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. Specific Notice Requirements.

(1) Where a proposed general amendment to the existing Ordinance includes changes in the existing zoning map, public notice shall be given as required in Subsection 4(a), General Notice Requirements, of this Section.

(2) Where a proposed amendment to the existing Ordinance includes a specific change in a zoning district map, but does not affect districts generally, the hearing notice requirement cited above shall be supplemented by written notice of the date, time, place, nature and purpose of the hearing, to the owner of record, the applicant and to all owners of real property whose property is within the area of the proposed change and to owners whose property is within two hundred (200) feet of the perimeter of the real property proposed for change. Such notice shall also include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names. Such notice shall be sent by certified mail, return receipt requested, postage prepaid, to the last known address of the owners, as shown on the current real estate tax assessment records, and shall be sent at least fifteen (15) days prior to the date of the public hearing. Proof of mailing shall be established by the applicant's filing, prior to the commencement of the public hearing, an affidavit of such notice, including an affidavit that both the owner of the subject property and the applicant have also received a copy of such notice, and the receipts of mailing and return receipts.

(3) Notice of public hearing shall be sent by first class mail to the chief executive body of the New Shoreham municipal water company.

c. Costs of all notice requirements shall be borne by the applicant and shall be paid in advance, as may be required by the Clerk.

5. Review and Disposition. The Town Council shall dispose of all applications to amend the Ordinance in accordance with the following:

a. Within sixty-five (65) days of receipt of the complete application to amend the Ordinance, the Town Council shall hold a public hearing on the application and shall receive all information presented by the applicant or agent or any property owner or agent or any other interested party, and pertinent to the proposed amendment.

b. The public hearing may be held open for up to three (3) months from the date of commencement at the request of either the Planning Board, the Town Council, or the applicant in order for additional information to be presented.

c. Within forty-five (45) days after the date of completion of the public hearing, the Council shall deliberate at a meeting open to the public as to whether the proposed amendment meets the needs of the Town and is consistent with the Comprehensive Plan and the intent and purposes of the Ordinance, and shall either approve, conditionally approve or deny the proposed amendment. The decision of the Council shall be in writing.

d. The provisions of this Subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

6. Conditions of Approval. In granting a zoning ordinance amendment, the Town Council may limit the change to one of the permitted uses in the zoning district to which the subject land is rezoned, and impose such limitations, conditions, and restrictions as it deems necessary, 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 which are the subject of the zoning change;

b. Those relating to the effectiveness or continued effectiveness of the zoning change; and/or

c. Those relating to the use of the land.

D. Recording the Decision.

1. 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. In the case of a conditional zone change, however, 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 set forth in Subsection C, Procedures, above, 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.

2. The Town Clerk shall also notify the Building Official, Planning Staff and other Town boards and officials of the disposition of any application to amend this Ordinance.

3. Upon publication of the Zoning Ordinance and map(s), and any amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the RI Department of Administration, Division of Planning, and to the RI State Law Library.