DIVISION 4. - ADOPTION, AMENDMENT OR REPEAL
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 19-71. - Consent and eligibility.#
(a)
To be effective, this chapter must be amendable. Such changes may include deleting requirements which are obsolete, adjusting requirements which are inadequate or adding requirements based on advances in knowledge. Petitions for amendment or repeal of this chapter may come from the city council on its own motion or the planning board or on petition to the city council, filed in the office of the city clerk, by any person or group of persons desiring such amendment. Action may include the adoption of a new zoning ordinance.
(b)
Amendments/repeals may be to ordinance language alone, the zoning map alone or a combination of the language and map.
(Rev. Ords. 1987, § 19-71)
Sec. 19-72. - Petition requirements.#
(a)
Petition forms for ordinance amendments/repeals shall be filed with the city clerk and include:
(1)
The section/or subject area that is the subject of the petition;
(2)
The intention of the proposed amendment/repeal;
(3)
The relation of the proposed action to the city comprehensive plan; and
(4)
Filing fee as set by the city council to cover the costs associated with review, hearing, notice and recording fees.
(b)
In addition, if the amendment/repeal seeks a change in the zoning map, the petition shall be accompanied by:
(1)
Eleven copies of an accurately drawn radius map drawn at a scale of one-inch equals 100 feet (or as appropriate one-inch equals 50 feet or one-inch equals 40 feet) which includes:
a.
A title block in the lower righthand corner showing names of the property owners; map, block, parcel of the subject property; date of plan and north arrow;
b.
For all property in or within 200 feet of the perimeter of the subject property:
1.
The shape, dimension and area of property;
2.
The location of all zoning use district boundary lines;
3.
The street numbers and assessor's lot numbers;
4.
The general location, shape and use of all existing buildings and structures; and
c.
Such other information as may be necessary for the execution and enforcement of this chapter.
(2)
A listing of names and addresses of all owners of real property located in or within 200 feet of the perimeter of the property, whether within the city or an adjacent city or town, and as shown on the current real estate tax assessment record of the city or town in which the property is located.
(Rev. Ords. 1987, § 19-72; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-73. - Review process.#
(a)
Upon receipt of a petition to amend/repeal this chapter, or adopt a new zoning ordinance, the city clerk shall transmit a copy of such petition to the city council and to the planning board for study and recommendation. The planning board shall in turn notify and seek the advice of the department of planning and economic development. The department of planning and economic development shall review and make a written recommendation which outlines the petition's affect upon the city comprehensive plan or any portion thereof and indicates whether or not a comprehensive plan amendment would be necessary in order to grant the petition. The planning board shall consider the department of planning and economic development's recommendation and prepare a written report to the city council within 45 days of receipt of the proposal. This report shall include:
(1)
A statement on the general consistency of the proposal with the city comprehensive plan, including the goals and policies statement, the implementation program and all other applicable elements of the city comprehensive plan;
(2)
A demonstration of recognition and consideration of each of the applicable purposes of zoning as listed in section 19-2; and
(3)
A statement indicating whether or not a comprehensive plan amendment would be necessary in order to grant the petition.
(b)
Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map is initiated by the planning board, the requirement for study by such board may be waived provided the proposal by the planning board includes a report which includes the findings and recommendations as required above.
(Rev. Ords. 1987, § 19-73; Ch. 914, § I(Att.), 12-19-23)
Sec. 19-74. - Notification.#
The city council shall hold a public hearing within 65 days of receipt of the petition. Opportunity shall be given to all persons interested to be heard upon the matter of the proposed amendment/repeal. Notification for this public hearing shall include: (1)
Publication of notice in a newspaper of local circulation within the city at least once each week for three successive weeks prior to the date of such hearing, (which may include the week in which the hearing is to be held). Such newspaper notice shall:
a.
Specify the place of such hearing and the date and time of its commencement;
b.
Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;
c.
Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;
d.
Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied;
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 and that any such alteration or amendment must be presented for comment in the course of such hearing; and
f.
In the case of a proposed amendment which includes a specific change in a zoning district map, but does not affect districts generally, the newspaper notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city and town boundaries where appropriate.
(2)
Written notice shall be mailed at least two weeks prior to the hearing to any of the following which is applicable:
a.
Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map but does not affect districts generally, notice shall be sent to all owners of real property whose property is located in or within 200 feet of the perimeter of the area proposed for change, whether within the city 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. Such notice shall be sent by first class mail to the last known address of such 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 submit a notarized affidavit to attest to such mailing. This notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city town boundaries where appropriate.
b.
To the city or town council of any city or town which is located in or within 200 feet of the perimeter of the area proposed for change.
c.
To the city or town council of any city or town 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, at or within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
d.
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 at or 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 inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.
e.
Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city. The notice shall given by first class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by section (1). Notice shall include reference to the merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership on non-conforming lots.
(3)
The city shall post the notice in the city clerk's office and in one other city building at least 14 days prior to the hearing;
(4)
The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;
(5)
For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(6)
The cost of newspaper and mailing notification shall be borne by the applicant.
(Rev. Ords. 1987, § 19-74; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-75. - Determination.#
The city council shall consider the recommendation of the planning board, the city comprehensive plan, the concerns expressed at the public hearing, and the public interest, in making a determination on the petition. Any alteration or amendment to the petition, which will be voted on prior to the close of the public hearing, must be presented for comment in the course of such hearing.
(Rev. Ords. 1987, § 19-75)
Sec. 19-76. - General conditions.#
(a)
Defect. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.
(b)
Repetitive petitions. No petition involving the same lot or parcel of land or any part thereof including a request for different zoning classification than requested in initial petition for an amendment to this chapter or zoning map, shall be accepted by the city clerk, if a petition requesting an amendment, for the same lot or parcel of land or any part thereof has been denied or the petitioner withdrew such petition within the preceding 18 months. However, such a petition may be accepted at any time with the consent of the city council if in the opinion of the council it sets forth facts indicating a substantial change of circumstances justifying a hearing on the petition.
(c)
Limitations, conditions and restrictions. In granting an amendment to the zoning map the 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)
Relating to the effectiveness or continued effectiveness of the zoning change; and/or
(3)
Relating to the use of the land as it deems necessary.
The city clerk 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 years or more after the zone change becomes effective, the city council may, after a public hearing as set forth in this division, change the land to its original zoning use before such 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.
(d)
Comprehensive plan amendment. Where a proposed change requires an amendment to the comprehensive plan, the city council shall approve such amendment to the comprehensive plan prior to granting the petition following the requirements of the state statutes. A condition of the approval of the petition, however, shall be that the comprehensive plan amendment receive approval from the state director of administration in accordance with the state statutes.
(e)
Copies of amendment to be sent to state. Upon adoption of a zoning ordinance, and zoning map, and any amendments thereto, the city clerk shall send a copy, without charge to the state law library.
(Rev. Ords. 1987, § 19-76; Ch. 914, § I(Att.), 12-19-23)
Sec. 19-77. - Appeals.#
(a)
An appeal of an amendment to this chapter may be taken to the superior court for the county by filing a complaint as set forth in this division within 30 days after such enactment, or amendment has become effective. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
(b)
The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.
(c)
When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision recorded in the city land evidence records, the city solicitor's office shall record notice of the court's decision in the city land evidence records.
(Rev. Ords. 1987, § 19-77)