(a)

The provisions of this chapter shall be enforced by the zoning officer, unless otherwise specified, who shall be appointed by the mayor. No application, building or zoning permit, plan, specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the zoning officer.

(b)

The zoning officer shall:

(1)

Issue zoning certificates and zoning permits;

(2)

Review and approve for zoning compliance, building permits and certificates of occupancy;

(3)

Collect required fees for variances, modifications (which shall be the same filing fee as variance petitions), special use permits, and appeal applications;

(4)

Receive and review for proper form, all applications for variances, special use permits, and appeals, and, as per section 19-45(c), shall have authority to administratively approve modifications from the dimensional standards of section 19-145 for structures, except for the moving of lot lines, provided the deviation is not more 25 percent, and further provided that the zoning officer receives no written objections to the requested variance within 30 calendar days from the date of notification. Should written objection be received by the zoning officer or if the zoning officer cannot make the required determinations of section 19-45(c), the application shall be considered a variance request, which may only be granted by the zoning board of review or planning board under unified development review through the standard procedures for variances in chapter 19, Zoning;

(5)

Transmit all applications to the zoning board of review, department of planning and urban development, and planning board as specified in this chapter;

(6)

Prepare the calendar of the zoning board of review in compliance with the board's adopted rules of procedure, and include notice of any modifications granted on the agendas of the zoning board of review;

(7)

Keep records on compliance of uses of land;

(8)

Inspect suspected violations and issue violation notices in cooperation with the law department.

(9)

Require that declarations and restrictions of approved accessory family dwelling units for a family member or members of an owner-occupied one-family dwelling shall be:

a.

Recorded in the land evidence records at the cost of the applicant; and

b.

Be filed with the zoning enforcement officer and the building official.

(c)

Upon written request the zoning officer shall, in order to provide guidance or clarification, issue a zoning certificate or provide information to a requesting party as to the determination by the zoning officer on issues of compliance, applicability and interpretation of this chapter. This response must be issued within 15 days of receipt of the written request. In the event that no written response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

(d)

When in the opinion of the zoning officer it is necessary or when required by this chapter, the zoning officer shall seek technical assistance or approval from other city officials in the administration of this chapter. Such technical assistance or approval, unless otherwise specified, may serve in whole or in part as the basis for the approval or disapproval of a zoning permit. Any permit or license issued in conflict with the provisions of this chapter shall be deemed null and void.

(e)

Actions and decisions of the zoning officer may be appealed to the zoning board of review in accordance with section 19-51.

(f)

Minimum qualifications for the zoning officer shall include: Graduation from a recognized college or university with a bachelor's degree in planning or closely related field and three years of experience in a position requiring office administration, review of site plans, and interpretation of zoning regulations; or a masters degree in city or regional planning or a closely related field, and one year of the specified experience; or eight years of a combination of planning experience and training which provides the abilities, knowledge and skills specified.

(Rev. Ords. 1987, § 19-5; Ch. 470A, § II, 10-7-08; Ch. 506, § III, 7-20-10; Ch. 877, § I, 6-6-23; Ch. 914, § I(Att.), 12-19-23)

(a)

Printed copies of this chapter and zoning map of the city shall be available to the general public and shall be revised to include all amendments as set out in sections 19-71 through 19-77. A reasonable charge shall be made for copies to reflect printing and distribution costs. The city clerk shall be responsible for providing these copies and collecting fees.

(b)

Upon publication of a zoning ordinance and zoning map and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the state, and the state law library.

(Rev. Ords. 1987, § 19-6)

(a)

The city clerk shall be the custodian of the zoning ordinance and zoning map created thereunder. In addition the city clerk shall be responsible for maintaining and updating the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized changes and changes to the text shall be included in the zoning ordinance within 30 days of such authorized changes.

(b)

In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the zoning map until the zone change has become effective.

(c)

It shall be the responsibility of the city clerk to receive, in proper form, petitions for amendments or repeals to the zoning ordinance and/or amendments to the zoning map as outlined in section 19-72. The city clerk shall collect the required fees for such petitions as set by the city council.

(d)

Minimum qualifications of the city clerk shall be as set out in section 2-16 of the Charter.

(Rev. Ords. 1987, § 19-7)

(a)

This chapter shall not repeal, annul or impair any existing provisions of law, this chapter, other ordinances or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, wherever the terms of this chapter require a greater width or size of yards or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other greater standards than are required in any other statute, ordinance or regulation, the provisions of this chapter shall govern. Wherever the provisions of any other statute, ordinance or regulation require a greater width or size of yards, courts or other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other higher standards than are required in this chapter, the provisions of such statute, ordinance or regulation shall govern.

(b)

All variances and exceptions heretofore granted by the zoning board of review, and approvals by other zoning enforcement bodies, shall remain in full force and effect, and all terms, conditions and obligations imposed by the board or other zoning enforcement agency shall remain in effect and be binding to the same extent as if this chapter had not been enacted. All violations of previous provisions shall be punishable as if they had not been repealed and shall remain in effect insofar as required for the initiation of any proceedings against such violations and for the prosecution of any violations heretofore commenced.

(Rev. Ords. 1987, § 19-8(a), (b))

The provisions of this chapter shall be reviewed annually after public notice by the planning board for the purpose of considering proposed amendments deemed appropriate in the light of changing conditions or policies. After such annual review the planning board shall make a written report to the city council advising the council of its review and transmitting recommendations the planning board may have, if any, regarding the provisions of this chapter. In addition whenever the city comprehensive plan is amended, the planning board shall identify any changes necessary to the zoning ordinance, to ensure consistency and forward these changes to the city council.

(Rev. Ords. 1987, § 19-9)

(a)

Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the zoning board of review, city council, zoning officer, or technical review committee shall be fined not exceeding $500.00 for each offense, such fine to inure to the city, and each day that such violation shall continue shall be deemed to constitute a separate offense. The penalty shall be reasonably related to the seriousness of the offense.

(b)

The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The city solicitor shall institute appropriate legal action to redress such violations.

(c)

The city may also cause suit to be brought in the supreme court or superior court, or any municipal court including a municipal housing court having jurisdiction in the name of the city, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The city may consolidate an action for injunctive relief and/or fines under this chapter in the superior court of the county.

(Rev. Ords. 1987, § 19-10)

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Rev. Ords. 1987, § 19-11)

The provisions of this chapter pertaining to decision deadlines, shall not be construed to apply to any extension for good cause, consented to by an applicant.

(Rev. Ords. 1987, § 19-12)

In making any determination upon which it is required to pass after public hearing under this chapter, the zoning board of review or other zoning enforcement agency may apply such special conditions that may in the opinion of the board or agency, be required to promote the intent and purposes of the city comprehensive plan and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include but are not limited to provisions for:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4)

Assuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats, or specifications.

(Rev. Ords. 1987, § 19-13)

The city council shall set a fee schedule for the applications contained within this chapter to cover the costs associated with the review, hearing, notice and recording fees. These fees shall be reviewed at a minimum on an annual basis and not more than a quarterly basis. It shall be the responsibility of the city clerk to ensure fees are reviewed in accordance with this schedule.

Fees as set by the city council are contained in appendix A, land use and development fees, on file in the office of the city clerk.

(Rev. Ords. 1987, § 19-14; Ch. 198, § II, 2-19-02)

It is the intention of this chapter to facilitate coordination with contiguous municipalities and state agencies with regard to land use decisions which may affect shared resources and facilities, abutting property, and the greater public good. This coordination shall be carried out by assuring this chapter is consistent with the city comprehensive plan and any amendments thereto, which is reviewed by other municipalities and state agencies, and notifying, in accordance with state statutes, property owners, water resource boards, and/or city or town governing bodies of pending variance and special use applications or zoning map amendment petitions, and associated public hearings. Notices of proposals in neighboring communities or by state agencies, shall be forwarded to the department of planning and urban development for their review and when concerns exist with regard to consistency with the objectives of the city comprehensive plan, comments shall be prepared and forwarded to the agency submitting notice.

(Rev. Ords. 1987, § 19-15)

(a)

Any application for development under this chapter, including an application for a special use permit, variance, or development plan review, shall be considered vested when the submitted application is deemed to be substantially complete by the proper administration and/or official designated to receive such applications. An application shall include all required forms, plans, supporting documentation, and required fees. Any application considered by the city under the provisions of this section shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was deemed substantially complete.

(b)

If an application for development under the provisions of this section is approved, the applicant shall initiate and substantially complete development of the property within the time limit established for each of these actions in the appropriate section of the zoning ordinance.

(c)

Failure to initiate development of the property prior to the time limit established at approval, shall render the approval null and void. Any development of the property proposed after the lapse of the time limit established at approval, shall require a resubmission of development plans by the applicant subject to the regulations in the appropriate sections of the zoning ordinance.

(Rev. Ords. 1987, § 19-16)

(a)

There shall be a zoning board of review which shall consist of five members, who shall be qualified electors of the city, each to hold office for a term of five years. Members shall be appointed by the mayor, subject to city council approval, with at least one standing member to be a resident of each ward in the city.

Each member shall continue in office until his successor has been duly appointed and qualified. In case any vacancy shall occur in the board for any cause, the vacancy shall be filled in the manner provided above, and the appointee shall serve for and during the unexpired term of his predecessor.

(b)

Any member of the board may be removed by the city council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:

(1)

Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board;

(2)

Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.

(c)

In addition to the five standing members, the mayor shall appoint two alternates to be designated as the first and second alternate members. Alternates shall not reside in the same ward. The first alternate shall serve for a term of five years and the second alternate for a term of four years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.

(Rev. Ords. 1987, § 19-36; Ch. 877, § III, 6-6-23; Ch. 914, § I(Att.), 12-19-23)

(a)

Once each year the zoning board of review shall organize by electing from its membership a vice-chair, and secretary. The zoning officer may serve as clerk of the board and shall perform such duties as are provided by this chapter. Meetings of the board shall be held at the call of the chair or as may be fixed by the board. The chair, or in his absence the vice-chair, may administer oaths and compel the attendance of witnesses by the issuance of subpoena.

(b)

The zoning board of review shall adopt written rules of procedure within six months of the adoption of this chapter.

(c)

All hearings and meetings of the board shall be open to the public. All decisions shall be made and voted upon at a public hearing.

(d)

No member or alternate may vote on any matter before the board unless they have attended all hearings concerning such matter.

(e)

Four active members, which may include alternates, are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. A maximum of five members, which may include alternates, are entitled to vote on any issue.

(f)

The concurring vote of a majority of members of the zoning board of review sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and the concurring vote of a majority of members of the zoning board of review sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under the ordinance, including variances and special use permits.

(g)

No member of the board shall pass on any matter in which he has a business, professional or personal interest. As soon as a conflict occurs for a member, that member shall recuse himself and shall not sit as an active member and shall take no part in the conduct of the hearing.

(h)

For any proceeding in which the right of appeal lies to the superior court or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

(i)

The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board of review and shall be a public record.

(j)

Any decision by the zoning board of review, including any special conditions attached thereto shall be mailed to the applicant. In addition a copy of the decision shall be sent to the office of the zoning officer.

(k)

All decisions of the zoning board of review shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(l)

Members of the zoning board of review shall receive remuneration for their service on the board, as established by the city council.

(Rev. Ords. 1987, § 19-37; Ch. 914, § I(Att.), 12-19-23)

(a)

The zoning board of review shall have the following powers and duties:

(1)

To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant to this chapter, as per R.I.G.L. 2023 § 45-23-67.

(2)

To hear and decide appeals from any decision or determination made by an administrative officer in accordance with R.I.G.L. 2023 § 45-23-67.

(3)

To authorize upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to the state statutes and section 19-40, with the exception of variances issued by the planning board through the unified development review process.

(4)

To authorize upon application, in specific cases special use permits, pursuant to the general laws of state and section 19-39, with the exception of special use permits issued by the planning board through the unified development review process.

(5)

To refer matters to the planning board or to other boards or agencies of the city as the zoning board of review may deem appropriate, for findings and recommendations.

(6)

To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.

(7)

To hear and decide such other matters, according to the terms of this article or other statutes, and upon which such board may be authorized to pass under this chapter or other statutes.

(b)

Appeals of zoning board of review decisions shall be as follows:

(1)

An aggrieved party may appeal a decision of the zoning board of review to the superior court for the county by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been recorded and posted in the office of the city clerk. The decision shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant such original applicant or appellant and the members of the zoning board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

(2)

When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision of the zoning board of review 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, § 19-38; Ch. 914, § I(Att.), 12-19-23)

State Law reference— Powers and duties of zoning board of review, R.I.G.L. 1956, § 45-24-57 et seq.

(a)

In granting a special use permit, the zoning board of review, or planning board under the unified development review process, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings. The special use permit shall conform to the specific criteria established in this ordinance for each type of use category, which criteria shall be in conformance with the purposes and intent of the comprehensive plan and this ordinance.

(b)

In granting a special use permit, the zoning board of review, or planning board under the unified development review process, may apply such special conditions as provided for in section 19-13.

(c)

An applicant may apply for, and be issued, a dimensional variance in conjunction with a special-use permit. If the special use could not exist without the dimensional variance the zoning board of review, or planning board under the unified development review process, shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standard.

(Rev. Ords. 1987, § 19-39; Ch. 867, § I, 12-20-22; Ch. 914, § I(Att.), 12-19-23)

(a)

Within the city generally and in particular some zoning districts, certain uses are specified in the schedule of use, section 19-98 as allowed by special use permit only. These uses are of a nature requiring review, in accordance with the state statutes, to determine whether they should be permitted in specific locations; if they meet special conditions and safeguards; and what additional conditions may be required if permission is granted.

(b)

To the extent a proposed land use is not specifically listed in section 19-98, the property owner may submit a written request to the zoning officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The zoning officer will have 30 days to provide a written evaluation to the property owner. Upon such a positive determination, the proposed use may be considered to be a use requiring a special use permit. The applicant shall include the zoning officer's written determination as part of their special use permit application submission. The zoning board, or planning board, as part of the unified review process, may either concur with zoning officer's determination or state on the record its reasons for disagreement with the zoning officer's determination. Disagreement with the zoning officer's determination shall be grounds for denial of an application.

(Rev. Ords. 1987, § 19-40; Ch. 914, § I(Att.), 12-19-23)

Applications for special use permits shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review or in accordance with the land development and subdivision regulations if filing under unified development review. Fifteen complete copies of the application must be submitted. The application shall include:

(1)

A completed special use permit form indicating the special use permit sought, the grounds for the permit, and information on the scale and size of the proposed use as applicable.

(2)

Names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property, and as shown on the current real estate tax assessment records of the city or town in which the property is located.

(3)

A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island. The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

a.

The shape, dimension and area of the subject property;

b.

The location size and use of all existing and proposed structures;

c.

The zoning use district boundaries;

d.

The street number and assessor's lot numbers;

e.

Title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; north arrow; and a blank signature space for the chair; and

f.

Such other information as may be necessary for the execution and enforcement of this chapter.

(4)

Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

(5)

An accurate 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 the names of the property owners; map, block, parcel of the subject property; date of plan; and north arrow;

b.

For all property within a 200-foot radius as measured from the perimeter of the subject property:

1.

The shape, dimension and area of property;

2.

The location of all zoning use district boundary lines; and

3.

The street numbers and assessor's lot numbers;

4.

The general location, shape and use of all existing buildings and structures; and

5.

Such other information as may be necessary for the execution and enforcement of this chapter.

(6)

The application fee as set by the city council to cover the costs associated with review, hearing, notice and recording fees.

Applications for special use permits to the planning board through the unified development review process shall follow relevant application requirements of the city's land development and subdivision regulations.

(Rev. Ords. 1987, § 19-41; Ch. 642, § II, 3-15-16; Ch. 914, § I(Att.), 12-19-23)

(a)

Upon receipt of a special use permit application, in proper form, the zoning officer shall refer a copy to the department of planning and urban development in its capacity as staff to the planning board, for an advisory opinion. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter within 30 days of receipt of the application.

(b)

The zoning officer may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public safety, health and welfare.

(c)

The board shall fix a reasonable time not to exceed 30 days for a public hearing on a special use permit application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:

(1)

Published at least 14 days prior to the date of such hearing in a newspaper of general local circulation in the city;

(2)

Sent by first class mail to the applicant;

(3)

Sent registered or certified mail to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area; such notice shall be sent 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;

(4)

Sent by first class mail to the city or town council of any city or town which is located at or within 200 feet of the boundary of the subject area;

(5)

Sent first class mail 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 the subject property, regardless of the municipal boundaries;

(6)

Sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is at or within 2,000 feet of the subject property, 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.

(Rev. Ords. 1987, § 19-42; Ch. 914, § I(Att.), 12-19-23)

(a)

Any party may appear at the hearing in person, or by agent or by attorney. The hearing held by the zoning board of review or planning board under unified development review is a public meeting and all decisions reached by the board shall be made and voted upon at a public meeting. The board shall hear all evidence on the special use permit request; and consider the written reports of city staff when reaching a decision on the findings required by section 19-39.

(b)

Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered, and shall be a public record.

(Rev. Ords. 1987, § 19-43; Ch. 914, § I(Att.), 12-19-23)

(a)

The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk in the land evidence records of the city, decisions on special use permits. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(b)

Any special use permit granted by the zoning board of review or planning board under unified development review shall expire within six months from the date of its issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.

(c)

No application for a special use permit involving the same parcel and same request, which was denied or withdrawn with prejudice, may be resubmitted for a special use permit for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a special use permit application.

(d)

If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.

(e)

Any aggrieved party may appeal decisions of the zoning board of review or planning board under unified development review to the superior court for the county in accordance with subsection 19-38(b).

(f)

All work approved by the issuance of a special use permit shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review or planning board under unified development review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

(Rev. Ords. 1987, § 19-44; Ch. 914, § I(Att.), 12-19-23)

(a)

In granting a variance, the zoning board of review, or the planning board under the unified development review process, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings that:

(1)

The hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area, and not due to a physical or economic disability of the applicant excepting those physical disabilities addressed in R.I.G.L. 45-24-30(16).

(2)

Such hardship is not the result of any prior action of the applicant; and

(3)

The granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the city comprehensive plan upon which this chapter is based.

(b)

The zoning board of review, or the planning board under the unified development review process, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

(1)

In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

(2)

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or the planning board under the unified development review process, has the power to grant dimensional variances where the use is permitted by special use permit.

(c)

Modifications permitted by zoning officer. The zoning officer shall have authority to administratively approve modifications from the literal dimensional requirements of section 19-145 in the instance of the construction, alteration, or structural modification of a structure, except for the moving of lot lines, provided the deviation is no more than 25 percent. Within ten days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:

(1)

The modification requested is reasonably necessary for the full enjoyment of the permitted use;

(2)

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

(3)

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

(4)

The modification does violate any rules or regulations with respect to freshwater or coastal wetlands.

Upon an affirmative determination, in the case of a modification of five percent or less, the zoning officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance, following standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning officer shall grant the modification. The zoning officer may apply any special conditions to the permit as may, in the opinion of the office, be requested to conform to the intent and purposes of the zoning ordinance. The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(d)

In granting a variance the zoning board of review may apply special conditions as provided for in section 19-13.

(Rev. Ords. 1987, § 19-45; Ch. 216, § I, 6-18-02; Ch. 470A, § III, 10-7-08; Ch. 914, § I(Att.), 12-19-23)

Any person, group, agency or corporation may apply for relief from the literal requirements of this chapter, which is not contrary to the public interest, in instances where owing to special conditions of the parcel, a strict application of this chapter results in unnecessary and undue hardship. Two types of variances are allowed: Dimensional variance and use variance. Both variance applications follow the same procedure, while the standards of findings differ as noted in section 19-45.

(Rev. Ords. 1987, § 19-46; Ch. 914, § I(Att.), 12-19-23)

Applications for variances that are not part of the unified development review process shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. When a request for a variance is submitted through the unified development review process, as part of a subdivision or land development project application, it shall be submitted to the administrative officer of the planning board. Fifteen complete copies of the application must be submitted. The application shall include:

(1)

A completed variance form indicating the variance sought and the grounds for the variance;

(2)

Names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property and as shown on the current real estate tax assessment records of the city or town in which the property is located;

(3)

A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island. The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

a.

The shape, dimension and area of the subject property;

b.

The location, size and use of all existing and proposed structures;

c.

The zoning use district boundaries;

d.

The street number and assessor's lot numbers;

e.

Title block in the lower righthand corner showing the names of the property owners; map, block, parcel of the subject property; date of plan; north arrow; and a blank signature space for the chair; and

f.

Such other information as may be necessary for the execution and enforcement of this chapter.

(4)

Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

(5)

An accurate 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 within a 200-foot radius as measured from the perimeter of the subject property:

1.

The shape, dimension and area of the property;

2.

The location of all zoning use district boundary lines; and

3.

The street numbers and assessor's lot numbers.

c.

In the case of a dimensional variance, the general location, shape and use of all existing buildings and structures within a 100-foot radius of the subject property;

d.

In the case of a use variance, the general location, shape and use of all existing buildings and structures within a 200-foot radius of the subject property; and

e.

Such other information as may be necessary for the execution and enforcement of this chapter.

(6)

The application fee as set by the city council, to cover the costs associated with review, hearing, notice and recording fees.

Applications for variances to the planning board through the unified development review process shall follow relevant application requirements of the city's land development and subdivision regulations.

(Rev. Ords. 1987, § 19-47; Ch. 642, § III, 3-15-16; Ch. 914, § I(Att.), 12-19-23)

(a)

Upon receipt of a variance application, in proper form, the zoning officer shall refer a copy to the zoning board of review and the department of planning and urban development acting in its capacity as staff to the planning board. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter within 30 days of receipt of the application.

(b)

The zoning officer, or administrative officer for the planning board through the unified development review process, may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public health, safety and welfare.

(c)

The zoning board shall fix a reasonable time not to exceed 30 days for a public hearing on a variance application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:

(1)

Published at least 14 days prior to the date of such hearing in a newspaper of local circulation in the city;

(2)

Sent by first class mail to the applicant;

(3)

Sent first class mail to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area; such notice shall be sent 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;

(4)

Sent by first class mail to the city or town council of any city or town which is located at or within 200 feet of the perimeter of the subject area;

(5)

Sent by first class mail 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 the subject property, regardless of the municipal boundaries;

(6)

Sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is at or within 2,000 feet of the subject property, 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.

(7)

Posted in the city clerk's office and one other city building at least 14 days prior to the hearing;

(8)

The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;

(9)

For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(d)

The cost of newspaper and mailing notification shall be borne by the applicant.

(Rev. Ords. 1987, § 19-48; Ch. 914, § I(Att.), 12-19-23)

(a)

Any party may appear at the hearing in person, or by agent or by attorney. A hearing held by the zoning board of review or planning board is a public meeting and all decisions reached by the zoning board of review or planning board shall be made and voted upon at a public meeting. The board shall hear all evidence on the variance request, and consider the written reports of city staff when reaching a decision on the findings required by section 19-45.

(b)

Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered, and shall be a public record.

(Rev. Ords. 1987, § 19-49; Ch. 914, § I(Att.), 12-19-23)

(a)

The zoning officer, acting in his capacity as clerk for the zoning board of review, shall be responsible for the recording with the city clerk, in the land evidence records of the city, all decisions on variance applications. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(b)

Any variance granted by the zoning board of review or planning board under unified development review shall expire within six months from the date of the issuance, unless the applicant shall within that period exercise the right granted by the decision. The board may upon application within the six-month period and for good cause shown, extend the limitation for one additional six-month period. The application for an extension need not be advertised.

(c)

No application for a variance involving the same parcel and same request, which was denied or withdrawn may be resubmitted for a variance for a period of 18 months, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a variance application.

(d)

If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the department of planning and urban development.

(e)

Any aggrieved party may appeal decisions of the zoning board of review or planning board under unified development review to the superior court for the county in accordance with subsection 19-38(b).

(f)

All work approved by the issuance of a variance shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review or planning board under unified development review. Minor changes must be approved by the zoning officer in consultation with the building inspector. Changes deemed to be major by the zoning officer or building inspector shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

(g)

Granting of a variance does not eliminate the requirement to obtain a building permit. The applicant is responsible for obtaining a building permit through the department of public works, building inspection division.

(Rev. Ords. 1987, § 19-50; Ch. 53, § III, 2-3-99; Ch. 914, § I(Att.), 12-19-23)

An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer, except a permitting authority, which is appealed in accordance with section 19-55, may be taken by an aggrieved party. Such appeal shall be taken within 30 days of the recording of the decision by the zoning officer or agency.

(Rev. Ords. 1987, § 19-51; Ch. 914, § I(Att.), 12-19-23)

(a)

Application for an appeal from a decision of the zoning officer or any other zoning enforcement agency, shall be filed with the zoning officer acting in his capacity as clerk for the zoning board of review. The application shall include:

(1)

A completed appeal form indicating the grounds for the appeal.

(2)

An accurate 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 the map, block, and parcel of all property within a 200-foot radius of the subject property as measured from the perimeter of the subject property;

(3)

The names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property and as shown on the current real estate tax assessment records of the city or town in which the property is located; and

(4)

The fee as set by the city council to cover costs associated with the review, hearing and notice to be paid by the applicant.

(b)

The officer or agency from whom the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(Rev. Ords. 1987, § 19-52; Ch. 914, § I(Att.), 12-19-23)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning officer or agency from whom the appeal is taken certifies to the zoning board of review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the officer's or agency's opinion cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

(Rev. Ords. 1987, § 19-53; Ch. 914, § I(Att.), 12-19-23)

(a)

The zoning board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties of interest. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be sent by registered or certified mail to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area. Such notice shall be sent 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.

(b)

The zoning board of review shall make a decision within 65 days of the date the appeal was filed. Upon the hearing, any party may appear in person or by agent or by attorney.

(c)

In exercising its powers, the zoning board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken; and may apply special conditions as provided for in section 19-13 of this chapter.

(d)

The zoning board of review shall include in its decision all findings of fact and conditions showing the vote of each member participating thereon, and the absence of a member or his failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within 30 days from the date the decision was rendered, and shall be a public record. The decision shall also be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision.

(e)

When an appeal results in a decision by the zoning board of review which overturns a decision of another zoning enforcement agency or the zoning officer, recorded in the city land evidence records, the zoning officer as clerk for the board shall record notice of the board's decision in the city land evidence records.

(Rev. Ords. 1987, § 19-54; Ch. 914, § I(Att.), 12-19-23)

(a)

An appeal from a decision of the permitting authority may be taken by an aggrieved party to the superior court for the county, in accordance with subsection 19-38(b).

(b)

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Rev. Ords. 1987, § 19-55; Ch. 914, § I(Att.), 12-19-23)

(a)

Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by land development project and/or subdivision review.

(b)

Public hearing. All land development project and/or subdivision applications, that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of section 19-48.

(c)

In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of section 19-45 relative to entering evidence into the record in satisfaction of the applicable standards.

(d)

In reviewing requests for special use permits, the planning board shall be bound to the conditions and procedures under which a special use permit may be issued, the criteria for the issuance of such permits, and shall be required to provide for the recording of findings of fact and written decisions pursuant to this division of the zoning ordinance.

(e)

Appeals. An appeal from any decision made pursuant to this section may be take pursuant to section 19-55 of this division.

(Ch. 914, § I(Att.), 12-19-23)

(a)

No building or structure shall be erected, extended, altered, enlarged or moved, and no use of any land or premises shall be begun or changed without a zoning permit having been issued by the zoning officer. Whenever a permit or license is issued by any other department of the city, such permit or license shall be in conformity with the provisions of this chapter. Any application for such a permit shall be accompanied by a site plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon; the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged; the existing or intended use of such building or structure; the location of all zoning district boundary lines as they may affect the lot or premises; the location and size of off-street parking and loading facilities where required, the location and design of trash storage areas and enclosures, including dumpsters, in conformance with the provisions of section 19-261; and such other information as may be necessary to provide the execution and enforcement of this chapter. The zoning permit shall be issued on the basis of the application and accompanying plans, where required, and shall authorize only the use, arrangement and construction set forth in approved plans and applications. Any use, arrangement or construction at variance with that authorized under this chapter shall be deemed in violation of this chapter.

(b)

No site plan shall be required with an application for such a permit involving only alterations of an existing building where the use and exterior surfaces of such buildings are not changed or enlarged in any manner and the use is not affected by any other section of this chapter.

(c)

A record of all applications, plans and permits shall be kept on file in the office of the zoning officer and shall be available for public inspection during regular office hours.

(d)

In addition, the zoning officer may require the submission of plans of any proposed machinery, operations and products and specifications for the mechanisms and techniques to be used for the purpose of restricting the emission of dangerous and objectionable elements referred to in section 19-336. An affidavit may be required from the applicant acknowledging his understanding of the applicable performance standards in section 19-336 and his agreement to conform with such standards at all times. No applicant will be required to divulge confidential processes, and all information submitted will be treated confidentially if requested.

(e)

In areas of special flood hazard as delineated on the flood maps defined in section 19-1, a zoning permit shall be required for any land preparation, excavation, grading, filling or removal of earth for any purpose.

(f)

The zoning officer shall require that a declaration of the accessory family dwelling unit and restrictions for a family member or members of an owner-occupied one-family dwelling shall be:

(1)

Recorded in the land evidence records at the cost of the applicant; and

(2)

Be filed with the zoning enforcement officer and the building official.

(Rev. Ords. 1987, § 19-56; Ch. 506, § IV, 7-20-10)

Cross reference— Accessory family dwelling units, § 19-202.

(a)

An occupancy permit shall be required for any of the following:

(1)

Occupancy and use of a building or structure hereafter erected, extended, altered, enlarged or moved;

(2)

Change in use of an existing building, structure or premises to a use of a different classification;

(3)

Occupancy and use of vacant land except for farming;

(4)

Change in use of land to a use of a different classification other than farming;

(5)

Any change in use of a nonconforming use.

(6)

a.

No occupancy of the accessory family dwelling unit shall take place without an occupancy permit that has been reviewed and approved by the zoning officer in advance of its issuance. No occupancy permit shall be granted for an accessory family dwelling unit until it is a permitted accessory use and a declaration of the accessory family dwelling unit for the family member or members and its restrictions shall be recorded in the city's land evidence records at the cost of the applicant and filed with the zoning officer and the building official.

b.

Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, the new owner of the single-family dwelling shall submit an affidavit to the zoning officer attesting to the fact that the circumstances under which the occupancy permit were granted will continue to exist. The owner of record of the subject real property is responsible for initiating each application to the zoning officer. Appropriate fees as established and posted shall be assessed for each such renewal.

(b)

No such occupancy, use or change of use shall take place without the issuance of an occupancy permit approved by the zoning officer. The permit shall not be issued until the building, structure, premises or land, its uses and the uses incidental thereto have been inspected and approved by the zoning officer and, if required, a business registration certificate has been secured from the city clerk's office. A record of all occupancy permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.

(Rev. Ords. 1987, § 19-57; Ch. 506, § V, 7-20-10)

Cross reference— Accessory family dwelling units, § 19-202.

(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)

(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 within a 200-foot radius as measured from 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 at or within a 200-foot radius of the perimeter of the property, as measured from the corners of the property, 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)

(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)

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 be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

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 at 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 at 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 2 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 nonconforming lots.

(3)

The city clerk shall also give notice by first class mail to the petitioners of the date of the second reading and hearing for final passage of the ordinance.

(4)

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;

(5)

The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;

(6)

For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(7)

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)

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)

(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)

(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)