Rhode Island 2023 Regular Session

Rhode Island House Bill H5261 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5261
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7	7	LC000452
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
16	16	Introduced By: Representatives Stewart, Cruz, Morales, Henries, Kazarian, Alzate,
17	17	Sanchez, and Knight
18	18	Date Introduced: January 27, 2023
19	19	Referred To: House Municipal Government & Housing
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 45-24-53 of the General Laws in Chapter 45-24 entitled "Zoning 1
24	24	Ordinances" is hereby amended to read as follows: 2
25	25	45-24-53. Adoption — Notice and hearing requirements. 3
26	26	(a) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing 4
27	27	has been held upon the question before the city or town council. The city or town council shall first 5
28	28	give notice of the public hearing by publication of notice in a newspaper of general circulation 6
29	29	within the city or town at least once each week for three (3) successive weeks prior to the date of 7
30	30	the hearing, which may include the week in which the hearing is to be held, at which hearing 8
31	31	opportunity shall be given to all persons interested to be heard upon the matter of the proposed 9
32	32	ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the 10
33	33	parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least two (2) weeks prior 11
34	34	to the hearing. The newspaper notice shall be published as a display advertisement, using a type 12
35	35	size at least as large as the normal type size used by the newspaper in its news articles, and shall: 13
36	36	(1) Specify the place of the hearing and the date and time of its commencement; 14
37	37	(2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under 15
38	38	consideration; 16
39	39	(3) Contain a statement of the proposed amendments to the ordinance that may be printed 17
40	40	once in its entirety, or summarize and describe the matter under consideration as long as the intent 18
41	41	and effect of the proposed ordinance is expressly written in that notice; 19
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44	44	LC000452 - Page 2 of 5
45	45	(4) Advise those interested where and when a copy of the matter under consideration may 1
46	46	be obtained or examined and copied; and 2
47	47	(5) State that the proposals shown on the ordinance may be altered or amended prior to the 3
48	48	close of the public hearing without further advertising, as a result of further study or because of the 4
49	49	views expressed at the public hearing. Any alteration or amendment must be presented for comment 5
50	50	in the course of the hearing. 6
51	51	(b) Where a proposed general amendment to an existing zoning ordinance includes changes 7
52	52	in an existing zoning map, public notice shall be given as required by subsection (a) of this section. 8
53	53	(c) Where a proposed text amendment to an existing zoning ordinance would cause a 9
54	54	conforming lot of record to become nonconforming by lot area or frontage, written notice shall be 10
55	55	given to all owners of the real property as shown on the current real estate tax assessment records 11
56	56	of the city or town. The notice shall be given at least two (2) weeks prior to the hearing at which 12
57	57	the text amendment is to be considered, with the content required by subsection (a). If the city or 13
58	58	town zoning ordinance contains an existing merger clause to which the nonconforming lots would 14
59	59	be subject, the notice shall include reference to the merger clause and the impacts of common 15
60	60	ownership of nonconforming lots. The sender of the notice shall utilize and obtain a United States 16
61	61	Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be 17
62	62	retained to demonstrate proof of the mailing. 18
63	63	(d) Where a proposed amendment to an existing ordinance includes a specific change in a 19
64	64	zoning district map, but does not affect districts generally, public notice shall be given as required 20
65	65	by subsection (a) of this section, with the additional requirements that: 21
66	66	(1) Notice shall include a map showing the existing and proposed boundaries, zoning 22
67	67	district boundaries, existing streets and roads and their names, and city and town boundaries where 23
68	68	appropriate; and 24
69	69	(2) Written notice of the date, time, and place of the public hearing and the nature and 25
70	70	purpose of the hearing shall be sent to all owners of real property, as well as affected tenants, whose 26
71	71	property is located in or within not less than two hundred feet (200′) one thousand feet (1,000') of 27
72	72	the perimeter of the area proposed for change, whether within the city or town or within an adjacent 28
73	73	city or town. Notice shall also be sent to any individual or entity holding a recorded conservation 29
74	74	or preservation restriction on the property that is the subject of the amendment. The notice shall be 30
75	75	sent by registered, certified, or first-class mail to the last known address of the owners, as shown 31
76	76	on the current real estate tax assessment records of the city or town in which the property is located; 32
77	77	provided, for any notice sent by first-class mail, the sender of the notice shall utilize and obtain a 33
78	78	United States Postal Service certificate of mailing, PS form 3817, or any applicable version thereof, 34
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82	82	to demonstrate proof of such mailing. 1
83	83	(e) Notice of a public hearing shall be sent by first-class mail to the city or town council of 2
84	84	any city or town to which one or more of the following pertain: 3
85	85	(1) That is located in or within not less than two hundred feet (200′) of the boundary of the 4
86	86	area proposed for change; or 5
87	87	(2) Where there is a public or quasi-public water source, or private water source that is 6
88	88	used, or is suitable for use, as a public water source, within two thousand feet (2,000′) of any real 7
89	89	property that is the subject of a proposed zoning change, regardless of municipal boundaries. 8
90	90	(f) Notice of a public hearing shall be sent to the governing body of any state or municipal 9
91	91	water department or agency, special water district, or private water company that has riparian rights 10
92	92	to a surface water resource or surface watershed that is used, or is suitable for use, as a public water 11
93	93	source and that is within two thousand feet (2,000′) of any real property that is the subject of a 12
94	94	proposed zoning change; provided, that the governing body of any state or municipal water 13
95	95	department or agency, special water district, or private water company has filed with the building 14
96	96	inspector in the city or town a map survey, that shall be kept as a public record, showing areas of 15
97	97	surface water resources and/or watersheds and parcels of land within two thousand feet (2,000′) 16
98	98	thereof. 17
99	99	(g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each 18
100	100	municipality shall establish and maintain a public notice registry allowing any person or entity to 19
101	101	register for electronic notice of any changes to the zoning ordinance. The city or town shall provide 20
102	102	public notice annually of the existence of the electronic registry by publication of notice in a 21
103	103	newspaper of general circulation within the city or town. In addition, each municipality is hereby 22
104	104	encouraged to provide public notice of the existence of the public notice registry in all of its current 23
105	105	and future communications with the public, including, but not limited to, governmental websites, 24
106	106	electronic newsletters, public bulletins, press releases, and all other means the municipality may 25
107	107	use to impart information to the local community. 26
108	108	(1) Provided, however, notice pursuant to a public notice registry as per this section does 27
109	109	not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 28
110	110	45-24-31(4). 29
111	111	(h) No defect in the form of any notice under this section shall render any ordinance or 30
112	112	amendment invalid, unless the defect is found to be intentional or misleading. 31
113	113	(i) Costs of any notice required under this section shall be borne by the applicant. 32
114	114	(j) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-33
115	115	37, the town or city council may limit the change to one of the permitted uses in the zone to which 34
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119	119	the subject land is rezoned and impose limitations, conditions, and restrictions, including, without 1
120	120	limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all state or local 2
121	121	governmental agencies or instrumentalities having jurisdiction over the land and use that are the 3
122	122	subject of the zoning change; (2) Those relating to the effectiveness or continued effectiveness of 4
123	123	the zoning change; and/or (3) Those relating to the use of the land as it deems necessary. The 5
124	124	responsible town or city official shall cause the limitations and conditions so imposed to be clearly 6
125	125	noted on the zoning map and recorded in the land evidence records; provided, that in the case of a 7
126	126	conditional zone change, the limitations, restrictions, and conditions shall not be noted on the 8
127	127	zoning map until the zone change has become effective. If the permitted use for which the land has 9
128	128	been rezoned is abandoned or if the land is not used for the requested purpose for a period of two 10
129	129	(2) years or more after the zone change becomes effective, the town or city council may, after a 11
130	130	public hearing, change the land to its original zoning use before the petition was filed. If any 12
131	131	limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, 13
132	132	that holding shall not cause the remainder of the ordinance to be invalid. 14
133	133	(k) In addition to the above requirements regarding hearing notices, in the event of a 15
134	134	commercial development or a zoning change for city or town owned property, the following is 16
135	135	required: 17
136	136	(1) A sign posted at the site considered for development or zone change containing: 18
137	137	(i) Date and purpose of hearing; 19
138	138	(ii) Notice of hearing displayed in two (2) languages spoken by residents of the affected 20
139	139	area; and 21
140	140	(iii) A display sign area easily viewable by foot and vehicle traffic. 22
141	141	(2) The hearing notice shall be posted on the city/town website as well as any social media 23
142	142	site of the city/town. 24
143	143	(k)(l) The above requirements are to be construed as minimum requirements. 25
144	144	SECTION 2. This act shall take effect upon passage. 26
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146	146	LC000452
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150	150	LC000452 - Page 5 of 5
151	151	EXPLANATION
152	152	BY THE LEGISLATIVE COUNCIL
153	153	OF
154	154	A N A C T
155	155	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
156	156	***
157	157	This act would increase the distance to one thousand feet (1,000') for notice given to real 1
158	158	property owners and tenants for zoning changes. It would also require commercial developments 2
159	159	and cities/towns to post hearing notice signage at property as well as notice on websites and any 3
160	160	social media site operated by the city/town. 4
161	161	This act would take effect upon passage. 5
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163	163	LC000452
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