The town clerk shall be the custodian of this chapter and zoning maps created thereunder. The director of community development shall be responsible for maintenance and update of the text and zoning map comprising this chapter. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized changes. The director with the planning board shall be responsible for review of this chapter annually, and whenever changes are made to the comprehensive plan of the town, to identify any changes necessary and forward these changes to the town council.

(a)

Printed copies of this chapter and maps shall be available to the general public through the town clerk 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 this chapter and map(s), and any amendments thereto, the town clerk shall send a copy, without charge, to the state law library.

(Amend. of 1-27-21)

(a)

Any application for development under this chapter, including an application for a building permit, special use permit, variance, planned development, or land development project, shall be deemed substantially complete when all required documents for the initial application, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this chapter or by rules adopted and published by the permitting authority, prior to the time the application is filed.

(b)

Any application for development under this chapter that is substantially complete prior to the enactment or amendment of this chapter, shall be reviewed according to the regulations applicable in the chapter in force at the time the application was submitted. If such application is approved, the applicant must begin construction or exercise the right granted in the application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval.

The director of community development shall be the officer to receive a proposal for adoption, amendment or repeal of the provisions of this chapter or the zoning maps. At the request of the director or the persons presenting the proposal, a preapplication meeting may be held to discuss the proposed amendment. Immediately upon receipt of such proposal, the director shall refer such proposal to the town council and the planning board for study and recommendation.

(1)

Planning board review. The planning board shall seek the advice of the community development department and shall report to the town council within 45 days after receipt of the proposal, giving its findings and recommendations. In its findings and recommendations to the town council, the planning board shall:

a.

Include a statement on the general consistency of the proposal with town's comprehensive plan, including the goals and policies statements, the implementation program, and all other applicable elements of the comprehensive plan; and

b.

Include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in section 28-2.

Where a proposal for adoption, amendment or repeal of the provisions of this chapter or the zoning map is made by the planning board, then the requirements for study by the planning board may be waived, provided that the proposal by the board includes its findings and recommendations as prescribed above.

(2)

Town council hearing. The town council shall hold a public hearing within 65 days of receipt of proposal, giving proper notice as prescribed in section 28-52. The town council shall render a decision within 45 days after the date of completion of the public hearing. The town council may not make any decisions that are inconsistent with the findings of the planning board, unless the council makes their own findings of facts present in the record, that the findings of the planning board are in clear error or clearly exceed their authority. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

(a)

No provision of this chapter shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of such public hearing by publication of notice in a newspaper of local circulation within the town at least once each week for three consecutive weeks prior to the date of such 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 shall be mailed, to the parties specified in subsections (b) through (f) of this section, at least two weeks prior to the hearing. The same notice shall be posted in the town clerk's office and one other municipal building and shall be accessible on the home page of the town's website at least 14 days prior to the hearing. The notice shall:

(1)

Specify the place of the hearing and the date and time of its commencement;

(2)

Indicate the provisions for adoption, amendment or repeal of this chapter that is under consideration;

(3)

Contain a statement of the proposed amendments to this chapter that may be printed once in its entirety, or 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 proposal 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 the hearing.

(b)

Where a proposed general amendment to the existing provisions of this chapter includes changes in an existing zoning map, public notice shall be given as required by subsection (a) of this section.

(c)

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 town. The notice shall be given at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (a). If the zoning ordinance contains an existing 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 of nonconforming lots. The notice shall be sent by first-class mail and the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(d)

Where a proposed amendment to an existing provision of this chapter includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in 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 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 within 200 feet of the perimeter of the area proposed for change, whether within the Town of Bristol or within an adjacent town (Warren) in which the property is located. 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. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the town; provided for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(e)

Notice of a public hearing shall be sent by first class mail to the town council of any town to which one or more of the following pertain:

(1)

Which is located within 200 feet 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 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

(f)

Notice of a public hearing shall be sent to the governing body of any state or municipal water department 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 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 company has filed with the director in the 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 2,000 feet thereof.

(g)

No defect in the form of any notice under this section shall render an ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

(h)

Costs of newspaper and mailing notices required under this section shall be borne by the applicant.

(Amend. of 1-27-21; Ord. No. 2023-23, 12-6-23)

(a)

In granting an amendment to this chapter, notwithstanding the provisions of RIGL § 45-23-37, the town council may limit the change to one or more 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 federal, 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.

(b)

The director of community development 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.

(c)

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 town council may, after notice and a public hearing as herein before set forth, change the land back to its original zoning use before the petition was filed.

An appeal of the enactment of or an amendment to this chapter may be taken to the Superior Court for Providence and Bristol Counties by filing a complaint within 30 days after such enactment or amendment has become effective. The complaint shall set forth with specificity the area 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. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the town, or by any association of residents or landowners of the town. This 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.