| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING |
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| 16 | 16 | | AND LAND USE ACT |
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| 17 | 17 | | Introduced By: Senator Dominick J. Ruggerio |
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| 18 | 18 | | Date Introduced: May 19, 2023 |
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| 19 | 19 | | Referred To: Senate Housing & Municipal Government |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 45-22.2-8 of the General Laws in Chapter 45-22.2 entitled "Rhode 1 |
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| 24 | 24 | | Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 45-22.2-8. Preparation, adoption, and amendments of comprehensive plans. 3 |
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| 26 | 26 | | (a) The preparation of a comprehensive plan shall be conducted according to the following 4 |
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| 27 | 27 | | provisions in addition to any other provision that may be required by law: 5 |
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| 28 | 28 | | (1) In addition to the duties established by chapter 45-22, local planning board or 6 |
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| 29 | 29 | | commission, to the extent that those provisions do not conflict with the requirements of this chapter, 7 |
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| 30 | 30 | | a planning board or commission has the sole responsibility for performing all those acts necessary 8 |
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| 31 | 31 | | to prepare a comprehensive plan for a municipality. 9 |
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| 32 | 32 | | (2) Municipalities which choose to conduct joint planning and regulatory programs 10 |
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| 33 | 33 | | pursuant to this section shall designate and establish a local planning committee which has 11 |
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| 34 | 34 | | responsibility for the comprehensive planning program. 12 |
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| 35 | 35 | | (3) The conduct of the planning board, commission, or the local planning committee shall 13 |
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| 36 | 36 | | include: 14 |
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| 37 | 37 | | (i) Preparation of the comprehensive plan, including the implementation program 15 |
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| 38 | 38 | | component. 16 |
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| 39 | 39 | | (ii) Citizen participation through the dissemination of information to the public and 17 |
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| 40 | 40 | | solicitation of both written and oral comments during the preparation of the plan. 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | (iii) Conducting a minimum of one public hearing. 1 |
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| 45 | 45 | | (iv) Submission of recommendations to the municipal legislative body regarding the 2 |
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| 46 | 46 | | adoption of the plan or amendment. 3 |
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| 47 | 47 | | (4) The municipality may enter into a formal written agreement with the chief to conduct 4 |
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| 48 | 48 | | a review of a draft plan or amendment in order to provide comments prior to the public hearing by 5 |
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| 49 | 49 | | the planning board, commission, or committee. 6 |
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| 50 | 50 | | (b) The adoption or amendment of a comprehensive plan shall be conducted according to 7 |
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| 51 | 51 | | the following provisions in addition to any other provision that may be required by law: 8 |
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| 52 | 52 | | (1) Prior to the adoption or amendment of a comprehensive plan, the city or town council 9 |
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| 53 | 53 | | shall first conduct a minimum of one public hearing. 10 |
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| 54 | 54 | | (2) A comprehensive plan is adopted, for the purpose of conforming municipal land use 11 |
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| 55 | 55 | | decisions and for the purpose of being transmitted to the chief for state review, when it has been 12 |
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| 56 | 56 | | incorporated by reference into the municipal code of ordinances by the legislative body of the 13 |
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| 57 | 57 | | municipality. All ordinances dealing with the adoption of or amendment to a municipal 14 |
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| 58 | 58 | | comprehensive plan shall contain language stating that the comprehensive plan ordinance or 15 |
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| 59 | 59 | | amendment shall not become effective for the purposes of guiding state agency actions until it is 16 |
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| 60 | 60 | | approved by the State of Rhode Island pursuant to the methods stated in this chapter, or pursuant 17 |
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| 61 | 61 | | to any rules and regulations adopted pursuant to this chapter. The comprehensive plan of a 18 |
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| 62 | 62 | | municipality shall not take effect for purposes of guiding state agency actions until approved by 19 |
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| 63 | 63 | | the chief or the Rhode Island superior court. 20 |
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| 64 | 64 | | (3) A municipality may not amend its comprehensive plan more than four (4) times in any 21 |
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| 65 | 65 | | one calendar year. Amendments that are required to address the findings of the chief, changes to 22 |
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| 66 | 66 | | the state guide plan, or changes to this act shall not be included under this provision. 23 |
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| 67 | 67 | | (c) The intent of this section is to provide for the dissemination and discussion of proposals 24 |
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| 68 | 68 | | and alternatives to the proposed comprehensive plan by means of either individual or joint 25 |
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| 69 | 69 | | legislative and planning commission hearings which disseminate information to the public and 26 |
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| 70 | 70 | | which seek both written and oral comments from the public. Public hearing requirements for either 27 |
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| 71 | 71 | | joint hearings or for individual hearings of the planning board or commission and for the municipal 28 |
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| 72 | 72 | | legislative body shall include the following: 29 |
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| 73 | 73 | | (1) Prior to the adoption of, or amendment to, a comprehensive plan, notice shall be given 30 |
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| 74 | 74 | | of the public hearing by publication of notice in a newspaper of general local circulation within the 31 |
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| 75 | 75 | | city or town at least once each week for three (3) successive weeks prior to the date of the hearing, 32 |
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| 76 | 76 | | which may include the week in which the hearing is to be held, at which hearing opportunity shall 33 |
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| 77 | 77 | | be given to all persons interested to be heard. Written notice, which may be a copy of the newspaper 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 81 | 81 | | notice, The same notice shall be posted in the town or city clerk's office and one other municipal 1 |
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| 82 | 82 | | building in the municipality and the municipality must make the notice accessible on their 2 |
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| 83 | 83 | | municipal home page of its website at least fourteen (14) days prior to the hearing. The notice shall 3 |
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| 84 | 84 | | be mailed to the statewide planning program of the department of administration at least fourteen 4 |
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| 85 | 85 | | (14) days prior to the hearing. The newspaper notice shall be published as a display advertisement, 5 |
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| 86 | 86 | | using a type size at least as large as the normal type size used by the newspaper in its news articles, 6 |
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| 87 | 87 | | and notice shall: 7 |
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| 88 | 88 | | (i) Specify the place of the hearing and the date and time of its commencement; 8 |
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| 89 | 89 | | (ii) Indicate that adoption of, or amendment to, the comprehensive plan is under 9 |
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| 90 | 90 | | consideration; 10 |
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| 91 | 91 | | (iii) Contain a statement of the proposed amendments to the comprehensive plan that may 11 |
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| 92 | 92 | | be printed once in its entirety, or summarize and describe the matter under consideration; the plan 12 |
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| 93 | 93 | | need not be published in its entirety; 13 |
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| 94 | 94 | | (iv) Advise those interested where and when a copy of the matter under consideration may 14 |
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| 95 | 95 | | be obtained or examined and copied; and 15 |
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| 96 | 96 | | (v) State that the plan or amendment may be altered or amended prior to the close of the 16 |
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| 97 | 97 | | public hearing without further advertising, as a result of further study or because of the views 17 |
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| 98 | 98 | | expressed at the public hearing. Any alteration or amendment must be presented for comment in 18 |
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| 99 | 99 | | the course of the hearing. 19 |
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| 100 | 100 | | SECTION 2. Sections 45-23-42 and 45-23-53 of the General Laws in Chapter 45-23 20 |
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| 101 | 101 | | entitled "Subdivision of Land" are hereby amended to read as follows: 21 |
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| 102 | 102 | | 45-23-42. General provisions — Major land development and major subdivision — 22 |
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| 103 | 103 | | Public hearing and notice. 23 |
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| 104 | 104 | | (a) A public hearing is required for a major land development project or a major subdivision 24 |
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| 105 | 105 | | or where a street extension or creation requires a public hearing for a minor land development 25 |
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| 106 | 106 | | project or minor subdivision. 26 |
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| 107 | 107 | | (b) Notice requirements. Public notice of the hearing shall be given at least fourteen (14) 27 |
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| 108 | 108 | | days prior to the date of the hearing in a newspaper of general local circulation within the 28 |
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| 109 | 109 | | municipality following the municipality’s usual and customary practices for this kind of 29 |
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| 110 | 110 | | advertising. The same notice shall be posted in the town or city clerk's office and one other 30 |
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| 111 | 111 | | municipal building in the municipality and the municipality must make the notice accessible on 31 |
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| 112 | 112 | | their municipal home page of its website at least fourteen (14) days prior to the hearing. Notice 32 |
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| 113 | 113 | | shall be sent to the applicant and to each owner within the notice area, by certified mail, return 33 |
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| 114 | 114 | | receipt requested first class mail, of the time and place of the hearing not less than ten (10) days 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 118 | 118 | | prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a 1 |
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| 119 | 119 | | recorded conservation or preservation restriction on the property that is the subject of the 2 |
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| 120 | 120 | | application at least fourteen (14) days prior to the hearing. The notice shall also include the street 3 |
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| 121 | 121 | | address of the subject property, or if no street address is available, the distance from the nearest 4 |
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| 122 | 122 | | existing intersection in tenths (1/10’s) of a mile. Local regulations may require a supplemental 5 |
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| 123 | 123 | | notice that an application for development approval is under consideration be posted at the location 6 |
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| 124 | 124 | | in question. The posting is for informational purposes only and does not constitute required notice 7 |
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| 125 | 125 | | of a public hearing. For any notice sent by first-class mail, the sender of the notice shall submit a 8 |
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| 126 | 126 | | notarized affidavit to attest to such mailing. 9 |
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| 127 | 127 | | (c) Notice area. 10 |
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| 128 | 128 | | (1) The distance(s) for notice of the public hearing shall be specified in the local 11 |
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| 129 | 129 | | regulations. The distance may differ by zoning district and scale of development. At a minimum, 12 |
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| 130 | 130 | | all abutting property owners to the proposed development’s property boundary shall receive notice. 13 |
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| 131 | 131 | | (2) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-14 |
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| 132 | 132 | | 23-53(b) and (c). 15 |
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| 133 | 133 | | (3) Adjacent municipalities. Notice of the public hearing shall be sent by the administrative 16 |
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| 134 | 134 | | officer to the administrative officer of an adjacent municipality if (1) the notice area extends into 17 |
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| 135 | 135 | | the adjacent municipality, or (2) the development site extends into the adjacent municipality, or (3) 18 |
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| 136 | 136 | | there is a potential for significant negative impact on the adjacent municipality. 19 |
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| 137 | 137 | | (d) Notice cost. The cost of all notice newspaper and mailing notices shall be borne by the 20 |
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| 138 | 138 | | applicant. 21 |
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| 139 | 139 | | 45-23-53. Local regulations — Public hearing and notice requirements. 22 |
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| 140 | 140 | | (a) No local regulations shall be adopted, repealed, or amended until after a public hearing 23 |
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| 141 | 141 | | has been held upon the question before the city or town planning board. The city or town planning 24 |
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| 142 | 142 | | board shall first give notice of the public hearing by publication of notice in a newspaper of general 25 |
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| 143 | 143 | | local circulation within the municipality at least once each week for three (3) successive weeks 26 |
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| 144 | 144 | | prior to the date of the hearing, which may include the week in which the hearing is to be held. The 27 |
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| 145 | 145 | | same notice shall be posted in the town or city clerk's office and one other municipal building in 28 |
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| 146 | 146 | | the municipality and the municipality must make the notice accessible on their municipal home 29 |
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| 147 | 147 | | page of its website at least fourteen (14) days prior to the hearing. At this hearing, opportunity shall 30 |
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| 148 | 148 | | be given to all persons interested on being heard upon the matter of the proposed regulations. The 31 |
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| 149 | 149 | | newspaper notice shall be published as a display advertisement, using a type size at least as large 32 |
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| 150 | 150 | | as the normal type size used by the newspaper in its news articles, and shall: 33 |
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| 151 | 151 | | (1) Specify the place of the hearing and the date and time of its commencement; 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 155 | 155 | | (2) Indicate that adoption, amendment, or repeal of local regulations is under consideration; 1 |
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| 156 | 156 | | (3) Contain a statement of the proposed amendments to the regulations that may be printed 2 |
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| 157 | 157 | | once in its entirety, or may summarize or describe the matter under consideration as long as the 3 |
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| 158 | 158 | | intent and effect of the proposed regulation is expressly written in that notice; 4 |
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| 159 | 159 | | (4) Advise those interested where and when a copy of the matter under consideration may 5 |
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| 160 | 160 | | be obtained or examined and copied; and 6 |
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| 161 | 161 | | (5) State that the proposals shown on the notice may be altered or amended prior to the 7 |
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| 162 | 162 | | close of the public hearing without further advertising as a result of further study or because of the 8 |
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| 163 | 163 | | views expressed at the public hearing. Any alteration or amendment must be presented for comment 9 |
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| 164 | 164 | | in the course of the hearing. 10 |
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| 165 | 165 | | (b) Notice of the public hearing shall be sent by first-class mail to the city or town planning 11 |
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| 166 | 166 | | board of any municipality where there is a public or quasi-public water source, or private water 12 |
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| 167 | 167 | | source that is used, or is suitable for use, as a public water source, located within two thousand feet 13 |
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| 168 | 168 | | (2,000′) of the municipal boundaries. 14 |
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| 169 | 169 | | (c) Notice of a public hearing shall be sent to the governing body of any state or municipal 15 |
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| 170 | 170 | | water department or agency, special water district, or private water company that has riparian rights 16 |
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| 171 | 171 | | to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public 17 |
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| 172 | 172 | | water source, located within either the municipality or two thousand feet (2,000′) of the municipal 18 |
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| 173 | 173 | | boundaries; provided, that a map survey has been filed with the building inspector as specified in 19 |
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| 174 | 174 | | § 45-24-53(f). 20 |
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| 175 | 175 | | (d) Notwithstanding any of the requirements set forth in subsections (a) through (c) above, 21 |
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| 176 | 176 | | each municipality shall establish and maintain a public notice registry allowing any person or entity 22 |
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| 177 | 177 | | to register for electronic notice of any changes to the local regulations. Municipalities shall annually 23 |
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| 178 | 178 | | provide public notice of the existence of the registry by a publication of notice in a newspaper of 24 |
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| 179 | 179 | | general circulation within the municipality. In addition, each municipality is hereby encouraged to 25 |
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| 180 | 180 | | provide public notice of the existence of the public notice registry in all of its current and future 26 |
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| 181 | 181 | | communications with the public, including, but not limited to, governmental websites, electronic 27 |
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| 182 | 182 | | newsletters, public bulletins, press releases, and all other means the municipality may use to impart 28 |
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| 183 | 183 | | information to the local community. 29 |
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| 184 | 184 | | (1) Provided, however, notice pursuant to a public notice registry as per this section does 30 |
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| 185 | 185 | | not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 31 |
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| 186 | 186 | | 45-24-31(4). 32 |
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| 187 | 187 | | (e) No defect in the form of any notice under this section renders any regulations invalid, 33 |
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| 188 | 188 | | unless the defect is found to be intentional or misleading. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 192 | 192 | | (f) The cost of newspaper notice and mailings shall be borne by the applicant. 1 |
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| 193 | 193 | | (f)(g) The requirements in this section are to be construed as minimum requirements. 2 |
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| 194 | 194 | | SECTION 3. Sections 45-24-41 and 45-24-53 of the General Laws in Chapter 45-24 3 |
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| 195 | 195 | | entitled "Zoning Ordinances" are hereby amended to read as follows: 4 |
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| 196 | 196 | | 45-24-41. General provisions — Variances. 5 |
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| 197 | 197 | | (a) An application for relief from the literal requirements of a zoning ordinance because of 6 |
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| 198 | 198 | | hardship may be made by any person, group, agency, or corporation by filing with the zoning 7 |
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| 199 | 199 | | enforcement officer or agency an application describing the request and supported by any data and 8 |
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| 200 | 200 | | evidence as may be required by the zoning board of review or by the terms of the ordinance. The 9 |
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| 201 | 201 | | zoning enforcement officer or agency shall immediately transmit each application received to the 10 |
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| 202 | 202 | | zoning board of review and a copy of each application to the planning board or commission. 11 |
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| 203 | 203 | | (b) A zoning ordinance provides that the zoning board of review, immediately upon receipt 12 |
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| 204 | 204 | | of an application for a variance in the application of the literal terms of the zoning ordinance, may 13 |
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| 205 | 205 | | request that the planning board or commission and/or staff report its findings and recommendations, 14 |
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| 206 | 206 | | including a statement on the general consistency of the application with the goals and purposes of 15 |
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| 207 | 207 | | the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty 16 |
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| 208 | 208 | | (30) days of receipt of the application from that board. The zoning board shall hold a public hearing 17 |
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| 209 | 209 | | on any application for variance in an expeditious manner, after receipt, in proper form, of an 18 |
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| 210 | 210 | | application, and shall give public notice at least fourteen (14) days prior to the date of the hearing 19 |
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| 211 | 211 | | in a newspaper of general local circulation in the city or town. Notice of hearing shall be sent by 20 |
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| 212 | 212 | | first-class mail to the applicant, and to at least all those who would require notice under § 45-24-21 |
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| 213 | 213 | | 53. The notice shall also include the street address of the subject property. A zoning ordinance may 22 |
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| 214 | 214 | | require that a supplemental notice, that an application for a variance is under consideration, be 23 |
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| 215 | 215 | | posted at the location in question. The posting is for information purposes only and does not 24 |
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| 216 | 216 | | constitute required notice of a public hearing. The same notice shall be posted in the town or city 25 |
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| 217 | 217 | | clerk's office and one other municipal building in the municipality and the municipality must make 26 |
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| 218 | 218 | | the notice accessible on their municipal home page of its website at least fourteen (14) days prior 27 |
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| 219 | 219 | | to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a 28 |
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| 220 | 220 | | notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall 29 |
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| 221 | 221 | | be borne by the applicant. 30 |
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| 222 | 222 | | (c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-31 |
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| 223 | 223 | | 46.4. Requests for dimensional and use variances submitted under a unified development review 32 |
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| 224 | 224 | | provision of a zoning ordinance shall be submitted as part of the subdivision or land-development 33 |
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| 225 | 225 | | application to the administrative officer of the planning board or commission, pursuant to § 45-24-34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 229 | 229 | | 46.4(a). All subdivision or land-development applications submitted under the unified development 1 |
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| 230 | 230 | | review provisions of a zoning ordinance shall have a public hearing, which shall meet the 2 |
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| 231 | 231 | | requirements of § 45-23-50.1(c). 3 |
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| 232 | 232 | | (d) In granting a variance, the zoning board of review, or, where unified development 4 |
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| 233 | 233 | | review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that 5 |
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| 234 | 234 | | evidence to the satisfaction of the following standards is entered into the record of the proceedings: 6 |
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| 235 | 235 | | (1) That the hardship from which the applicant seeks relief is due to the unique 7 |
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| 236 | 236 | | characteristics of the subject land or structure and not to the general characteristics of the 8 |
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| 237 | 237 | | surrounding area; and is not due to a physical or economic disability of the applicant, excepting 9 |
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| 238 | 238 | | those physical disabilities addressed in § 45-24-30(a)(16); 10 |
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| 239 | 239 | | (2) That the hardship is not the result of any prior action of the applicant and does not result 11 |
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| 240 | 240 | | primarily from the desire of the applicant to realize greater financial gain; 12 |
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| 241 | 241 | | (3) That the granting of the requested variance will not alter the general character of the 13 |
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| 242 | 242 | | surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan 14 |
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| 243 | 243 | | upon which the ordinance is based; and 15 |
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| 244 | 244 | | (4) That the relief to be granted is the least relief necessary. 16 |
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| 245 | 245 | | (e) The zoning board of review, or, where unified development review is enabled pursuant 17 |
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| 246 | 246 | | to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require 18 |
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| 247 | 247 | | that evidence is entered into the record of the proceedings showing that: 19 |
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| 248 | 248 | | (1) In granting a use variance, the subject land or structure cannot yield any beneficial use 20 |
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| 249 | 249 | | if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of 21 |
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| 250 | 250 | | neighboring land or structures in the same district and permitted use of lands or structures in an 22 |
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| 251 | 251 | | adjacent district shall not be considered in granting a use variance; and 23 |
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| 252 | 252 | | (2) In granting a dimensional variance, that the hardship suffered by the owner of the 24 |
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| 253 | 253 | | subject property if the dimensional variance is not granted amounts to more than a mere 25 |
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| 254 | 254 | | inconvenience. The fact that a use may be more profitable or that a structure may be more valuable 26 |
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| 255 | 255 | | after the relief is granted is not grounds for relief. The zoning board of review, or, where unified 27 |
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| 256 | 256 | | development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the 28 |
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| 257 | 257 | | power to grant dimensional variances where the use is permitted by special-use permit if provided 29 |
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| 258 | 258 | | for in the special use permit sections of the zoning ordinance. 30 |
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| 259 | 259 | | 45-24-53. Adoption — Notice and hearing requirements. 31 |
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| 260 | 260 | | (a) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing 32 |
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| 261 | 261 | | has been held upon the question before the city or town council. The city or town council shall first 33 |
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| 262 | 262 | | give notice of the public hearing by publication of notice in a newspaper of general local circulation 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 266 | 266 | | within the city or town at least once each week for three (3) successive weeks prior to the date of 1 |
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| 267 | 267 | | the hearing, which may include the week in which the hearing is to be held, at which hearing 2 |
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| 268 | 268 | | opportunity shall be given to all persons interested to be heard upon the matter of the proposed 3 |
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| 269 | 269 | | ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the 4 |
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| 270 | 270 | | parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least two (2) weeks prior 5 |
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| 271 | 271 | | to the hearing. The newspaper notice shall be published as a display advertisement, using a type 6 |
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| 272 | 272 | | size at least as large as the normal type size used by the newspaper in its news articles, and The 7 |
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| 273 | 273 | | same notice shall be posted in the town or city clerk's office and one other municipal building in 8 |
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| 274 | 274 | | the municipality and the municipality must make the notice accessible on their municipal home 9 |
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| 275 | 275 | | page of its website at least fourteen (14) days prior to the hearing. The notice shall: 10 |
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| 276 | 276 | | (1) Specify the place of the hearing and the date and time of its commencement; 11 |
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| 277 | 277 | | (2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under 12 |
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| 278 | 278 | | consideration; 13 |
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| 279 | 279 | | (3) Contain a statement of the proposed amendments to the ordinance that may be printed 14 |
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| 280 | 280 | | once in its entirety, or summarize and describe the matter under consideration as long as the intent 15 |
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| 281 | 281 | | and effect of the proposed ordinance is expressly written in that notice; 16 |
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| 282 | 282 | | (4) Advise those interested where and when a copy of the matter under consideration may 17 |
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| 283 | 283 | | be obtained or examined and copied; and 18 |
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| 284 | 284 | | (5) State that the proposals shown on the ordinance may be altered or amended prior to the 19 |
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| 285 | 285 | | close of the public hearing without further advertising, as a result of further study or because of the 20 |
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| 286 | 286 | | views expressed at the public hearing. Any alteration or amendment must be presented for comment 21 |
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| 287 | 287 | | in the course of the hearing. 22 |
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| 288 | 288 | | (b) Where a proposed general amendment to an existing zoning ordinance includes changes 23 |
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| 289 | 289 | | in an existing zoning map, public notice shall be given as required by subsection (a) of this section. 24 |
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| 290 | 290 | | (c) Where a proposed text amendment to an existing zoning ordinance would cause a 25 |
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| 291 | 291 | | conforming lot of record to become nonconforming by lot area or frontage, written notice shall be 26 |
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| 292 | 292 | | given to all owners of the real property as shown on the current real estate tax assessment records 27 |
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| 293 | 293 | | of the city or town. The notice shall be given by first-class mail at least two (2) weeks prior to the 28 |
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| 294 | 294 | | hearing at which the text amendment is to be considered, with the content required by subsection 29 |
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| 295 | 295 | | (a). If the city or town zoning ordinance contains an existing merger clause to which the 30 |
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| 296 | 296 | | nonconforming lots would be subject, the notice shall include reference to the merger clause and 31 |
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| 297 | 297 | | the impacts of common ownership of nonconforming lots. The sender of the notice shall utilize and 32 |
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| 298 | 298 | | obtain a United States Postal Service certificate of mailing, and the certificate or an electronic copy 33 |
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| 299 | 299 | | thereof shall be retained to demonstrate proof of the mailing. For any notice sent by first-class mail, 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 303 | 303 | | the sender of the notice shall submit a notarized affidavit to attest to such mailing. 1 |
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| 304 | 304 | | (d) Where a proposed amendment to an existing ordinance includes a specific change in a 2 |
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| 305 | 305 | | zoning district map, but does not affect districts generally, public notice shall be given as required 3 |
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| 306 | 306 | | by subsection (a) of this section, with the additional requirements that: 4 |
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| 307 | 307 | | (1) Notice shall include a map showing the existing and proposed boundaries, zoning 5 |
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| 308 | 308 | | district boundaries, existing streets and roads and their names, and city and town boundaries where 6 |
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| 309 | 309 | | appropriate; and 7 |
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| 310 | 310 | | (2) Written notice of the date, time, and place of the public hearing and the nature and 8 |
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| 311 | 311 | | purpose of the hearing shall be sent to all owners of real property whose property is located in or 9 |
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| 312 | 312 | | within not less than two hundred feet (200′) of the perimeter of the area proposed for change, 10 |
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| 313 | 313 | | whether within the city or town or within an adjacent city or town. Notice shall also be sent to any 11 |
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| 314 | 314 | | individual or entity holding a recorded conservation or preservation restriction on the property that 12 |
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| 315 | 315 | | is the subject of the amendment. The notice shall be sent by registered, certified, or first-class mail 13 |
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| 316 | 316 | | to the last known address of the owners, as shown on the current real estate tax assessment records 14 |
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| 317 | 317 | | of the city or town in which the property is located; provided, for any notice sent by first-class mail, 15 |
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| 318 | 318 | | the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, 16 |
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| 319 | 319 | | PS form 3817, or any applicable version thereof, to demonstrate proof of submit a notarized 17 |
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| 320 | 320 | | affidavit to attest to such mailing. 18 |
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| 321 | 321 | | (e) Notice of a public hearing shall be sent by first-class mail to the city or town council of 19 |
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| 322 | 322 | | any city or town to which one or more of the following pertain: 20 |
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| 323 | 323 | | (1) That is located in or within not less than two hundred feet (200′) of the boundary of the 21 |
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| 324 | 324 | | area proposed for change; or 22 |
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| 325 | 325 | | (2) Where there is a public or quasi-public water source, or private water source that is 23 |
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| 326 | 326 | | used, or is suitable for use, as a public water source, within two thousand feet (2,000′) of any real 24 |
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| 327 | 327 | | property that is the subject of a proposed zoning change, regardless of municipal boundaries. 25 |
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| 328 | 328 | | (f) Notice of a public hearing shall be sent to the governing body of any state or municipal 26 |
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| 329 | 329 | | water department or agency, special water district, or private water company that has riparian rights 27 |
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| 330 | 330 | | to a surface water resource or surface watershed that is used, or is suitable for use, as a public water 28 |
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| 331 | 331 | | source and that is within two thousand feet (2,000′) of any real property that is the subject of a 29 |
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| 332 | 332 | | proposed zoning change; provided, that the governing body of any state or municipal water 30 |
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| 333 | 333 | | department or agency, special water district, or private water company has filed with the building 31 |
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| 334 | 334 | | inspector in the city or town a map survey, that shall be kept as a public record, showing areas of 32 |
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| 335 | 335 | | surface water resources and/or watersheds and parcels of land within two thousand feet (2,000′) 33 |
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| 336 | 336 | | thereof. 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 340 | 340 | | (g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each 1 |
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| 341 | 341 | | municipality shall establish and maintain a public notice registry allowing any person or entity to 2 |
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| 342 | 342 | | register for electronic notice of any changes to the zoning ordinance. The city or town shall provide 3 |
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| 343 | 343 | | public notice annually of the existence of the electronic registry by publication of notice in a 4 |
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| 344 | 344 | | newspaper of general circulation within the city or town. In addition, each municipality is hereby 5 |
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| 345 | 345 | | encouraged to provide public notice of the existence of the public notice registry in all of its current 6 |
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| 346 | 346 | | and future communications with the public, including, but not limited to, governmental websites, 7 |
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| 347 | 347 | | electronic newsletters, public bulletins, press releases, and all other means the municipality may 8 |
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| 348 | 348 | | use to impart information to the local community. 9 |
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| 349 | 349 | | (1) Provided, however, notice pursuant to a public notice registry as per this section does 10 |
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| 350 | 350 | | not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 11 |
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| 351 | 351 | | 45-24-31(4). 12 |
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| 352 | 352 | | (h) No defect in the form of any notice under this section shall render any ordinance or 13 |
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| 353 | 353 | | amendment invalid, unless the defect is found to be intentional or misleading. 14 |
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| 354 | 354 | | (i) Costs of any notice newspaper and mailing notices required under this section shall be 15 |
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| 355 | 355 | | borne by the applicant. 16 |
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| 356 | 356 | | (j) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-17 |
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| 357 | 357 | | 37, the town or city council may limit the change to one of the permitted uses in the zone to which 18 |
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| 358 | 358 | | the subject land is rezoned and impose limitations, conditions, and restrictions, including, without 19 |
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| 359 | 359 | | limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all state or local 20 |
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| 360 | 360 | | governmental agencies or instrumentalities having jurisdiction over the land and use that are the 21 |
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| 361 | 361 | | subject of the zoning change; (2) Those relating to the effectiveness or continued effectiveness of 22 |
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| 362 | 362 | | the zoning change; and/or (3) Those relating to the use of the land as it deems necessary. The 23 |
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| 363 | 363 | | responsible town or city official shall cause the limitations and conditions so imposed to be clearly 24 |
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| 364 | 364 | | noted on the zoning map and recorded in the land evidence records; provided, that in the case of a 25 |
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| 365 | 365 | | conditional zone change, the limitations, restrictions, and conditions shall not be noted on the 26 |
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| 366 | 366 | | zoning map until the zone change has become effective. If the permitted use for which the land has 27 |
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| 367 | 367 | | been rezoned is abandoned or if the land is not used for the requested purpose for a period of two 28 |
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| 368 | 368 | | (2) years or more after the zone change becomes effective, the town or city council may, after a 29 |
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| 369 | 369 | | public hearing, change the land to its original zoning use before the petition was filed. If any 30 |
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| 370 | 370 | | limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, 31 |
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| 371 | 371 | | that holding shall not cause the remainder of the ordinance to be invalid. 32 |
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| 372 | 372 | | (k) The above requirements are to be construed as minimum requirements. 33 |
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| 373 | 373 | | |
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| 374 | 374 | | |
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