Introduced By: Senators Breene, Gibbs, Bates and Blais
Date Introduced : February 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-24-45, 45-24-53 and 45-24-61 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:
45-24-45. General provisions -- Publication and availability of zoning ordinances. -- (A) Printed copies of the zoning ordinance and map(s) of a city or town shall be available to the general public and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.
(B) Upon publication of a zoning ordinance and map, and any amendments
thereto, the city or town clerk shall send a copy, without charge,
to the {DEL associate director of the division of planning DEL}
{ADD statewide planning program ADD} of the department of administration
of the state of Rhode Island, and the state law library.
45-24-53. Adoption -- Notice and hearing requirements. --
(A) No zoning ordinance shall be adopted, repealed, or amended
until after a public hearing has been held upon the question before
the city or town council. The city or town council shall first
give notice of the public hearing by publication of notice in
a newspaper of general circulation within the city or 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, 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 {DEL associate director of the
division of planning DEL} {ADD statewide planning program ADD}
of the Rhode Island department of administration, and, where applicable,
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 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 city 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 feet (200') of the perimeter of the area proposed for change, whether within the city or 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 city or town in which the property is located.
(D) 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:
(1) Which is located in or within not less than two hundred feet (200') 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 feet (2,000') 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 feet (2,000') 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 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 two thousand feet (2,000') 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, the town or city 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 responsible town or city official 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 or city council may, after a public hearing as herein before 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.
(I) The above requirements are to be construed as minimum requirements.
45-24-61. Administration -- Decisions and records of zoning board of review. -- (A) Following a public hearing, the zoning board of review shall render a decision within a reasonable period of time. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within thirty (30) working days from the date when the decision was rendered, and shall be a public record. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
(B) Any decision by the zoning board of review, including any
special conditions attached thereto, shall be mailed to the applicant,
to the zoning enforcement officer of the city or town, and to
the {DEL associate director of the division of planning DEL}
{ADD statewide planning program ADD} of the Rhode Island department
of administration. Any decision evidencing the granting of a variance,
modification, or special use shall also be recorded in the land
evidence records of the city or town.
SECTION 2. Sections 45-23-53 and 45-23-54 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:
45-23-53. Local regulations -- Public hearing and notice
requirements. -- (A) No local regulations shall be adopted,
repealed, or amended until after a public hearing has been held
upon the question before the city or town planning board. The
city or town planning board shall first give notice of the public
hearing by publication of notice in a newspaper of general circulation
within the municipality 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. At this hearing opportunity
shall be given to all persons interested to be heard upon the
matter of the proposed regulations. Written notice, which may
be a copy of the newspaper notice, shall be mailed to the {DEL associate
director of the division of planning DEL} {ADD statewide planning
program ADD} of the Rhode Island department of administration 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 said hearing and the date and time of its commencement;
(2) Indicate that adoption, amendment or repeal of local regulations is under consideration;
(3) Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety, or may summarize or 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 said hearing.
(B) Notice of the public hearing shall be sent by first class mail to the city or town planning board of any municipality 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, located within two thousand feet (2,000') of the municipal boundaries.
(C) 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 located within either the municipality or two thousand feet (2,000') of the municipal boundaries, provided, however, that a map survey has been filed with the building inspector as specified in section 45-24-53(E).
(D) No defect in the form of any notice under this section shall render any regulations invalid, unless such defect is found to be intentional or misleading.
(E) The above requirements are to be construed as minimum requirements.
45-23-54. Local regulations -- Publication and availability. -- (A) Printed copies of the local regulations shall be available to the general public and shall be revised to include all amendments. Any appendices shall also be available. A reasonable charge may be made for copies.
(B) Upon publication of local regulations and any amendments thereto,
the municipality shall send a copy to the Rhode Island department
of administration's {DEL division of planning DEL} {ADD statewide
planning program ADD} and to the state law library.
SECTION 3. This act shall take effect January 1, 2000.ADD}
