The regulations, restrictions, and boundaries set forth in this chapter may be amended by the Town Council; and any person, group of persons, or corporation may make application to the Town Council for an amendment. Any amendment may be adopted only after due notice and public hearing as prescribed by the Rhode Island General Laws. Prior to the enactment of any amendment, a public hearing shall be held by the Town Council in relation thereto, at which hearing all interested persons shall be given an opportunity to be heard. Following the public hearing, the Town Council may act upon the proposed amendment in such manner as it deems to be in the best interest of the Town. The Town Council may require the applicant to bear the cost of advertising and mailing relative to the public hearing.
(Ord. passed 10-30-06)
§ 2801 CONDITIONS UPON AMENDMENT.
The Town Council may, in approving a zone change, limit such change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations and conditions upon the use of the land as it deems necessary. The Town Clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the records of land evidence of the town. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for that purpose for a period of two years or more, the Town Council may after a public hearing as herein before set forth, change the land to its original zoning use before such petition was filed.
(Ord. passed 10-30-06)
§ 2802 ADDITIONAL PROCEDURES FOR AMENDMENT TO ZONING MAP.
If the proposed amendment involves a change to the zoning map, the applicant shall submit a plan, accurately drawn, showing the shape and dimension of the area in question, abutting property within 200 feet, location by tax assessor's plat and lot number and street and, if available, street numbers, and the location of all zoning district boundaries as they affect the property in question. In addition, the applicant shall submit a list of the names and addresses, determined from public record, of the owner or owners of the property in question and abutting property within 200 feet, and such other information as may be deemed necessary by the Town Council for the consideration of a proposed amendment.
(Ord, passed 10-30-06)
§ 2803 FURTHER PROVISIONS AS TO AMENDMENT OF ZONING MAP.
(A) If, in accordance with the provisions of this chapter, amendments are made in zoning district boundaries or other matter shown on the zoning map, such amendments shall be made as soon as is practicable after their adoption by the Town Council. Each such amendment shall be accompanied by an entry on the zoning map of the date of enactment, and appropriate reference to the Town Council records where the amendment is described.
(B) A description of an adopted amendment shall be attached to the zoning map until such time as the amendment is made a part of the zoning map.
(Ord. passed 10-30-06)
§ 2804 DUTIES OF TOWN CLERK.
(A) It shall be the duty of the Town Clerk to maintain and update the text and zoning map, to have custody of the zoning map and to ensure that entries are made on the zoning map as specified in §§ 2801 and 2803. Changes which impact the zoning map shall be depicted on the map within 90 days of the authorized changes.
(B) The Town Clerk shall make available copies of this chapter and all subsequent amendments to town officials and the public. The Town Clerk shall also, from time to time, publish copies of the zoning map which shall be available for general distribution.
(Ord. passed 10-30-06)
§ 2805 DUTIES OF PLANNING BOARD.
The Planning Board shall file with the Town Council an advisory opinion giving its findings and recommendations on all amendments to this chapter within 45 days after receipt of the proposal and shall review this chapter at reasonable intervals and whenever changes are made to the Comprehensive Plan shall identify any changes necessary to this chapter and forward the recommended changes to the Town Council. In addition, the Planning Board shall recommend amendments to the text and map of this chapter wherever there is a provision for major extension of water or sewer service, location of a major employment facility or major highway construction. Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map, the Planning Board shall:
(A) Include a statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statement, 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 § 100.
(C) At least once every two years, the Planning Board shall review this chapter and make recommendations concerning its revision.
(Ord. passed 10-30-06)
§ 2806 REPETITIVE PETITIONS FOR AMENDMENT OF CHAPTER OR FOR GRANTING OF EXCEPTION OR VARIANCE.
(A) Where the Town Council, in the case of an amendment, or the Zoning Board, in the case of a special use permit or variance, denies an application, the Town Council or the Board may not consider another application requesting the same amendment, special use permit or variance for a period of one year from the date of such denial or withdrawal.
(B) The Town Council or the Zoning Board, as the case may be, may accept such an application after six months; provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of the Council or Board, showing a substantial change of circumstance justifying a rehearing.
(Ord. passed 10-30-06)
§ 2807 LANDOWNERS' PROTESTS.
The Town Council shall have power, after a public hearing as herein provided, from time to time to amend or repeal this chapter and thereby change said regulations or districts; provided, that, if there shall be filed in the office of the Town Clerk on or before the day of such hearing or within three days thereafter a written protest against such proposed amendment or repeal signed and acknowledged by the owners of 20% or more of the street frontage of the property proposed to be affected, or by the owners of 20% or more of the boundary line between the property proposed to be affected and the property immediately in the rear thereof when there is no street between said properties, no such amendment or repeal shall be passed except by a three-fifths vote of the Town Council. The word
OWNER as used in this section shall not be construed to include attaching creditors or lien holders other than mortgagees.
(Ord. passed 10-30-06)
Middletown City Zoning Code
ARTICLE 28
AMENDMENT
§ 2800 GENERAL.
The regulations, restrictions, and boundaries set forth in this chapter may be amended by the Town Council; and any person, group of persons, or corporation may make application to the Town Council for an amendment. Any amendment may be adopted only after due notice and public hearing as prescribed by the Rhode Island General Laws. Prior to the enactment of any amendment, a public hearing shall be held by the Town Council in relation thereto, at which hearing all interested persons shall be given an opportunity to be heard. Following the public hearing, the Town Council may act upon the proposed amendment in such manner as it deems to be in the best interest of the Town. The Town Council may require the applicant to bear the cost of advertising and mailing relative to the public hearing.
(Ord. passed 10-30-06)
§ 2801 CONDITIONS UPON AMENDMENT.
The Town Council may, in approving a zone change, limit such change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations and conditions upon the use of the land as it deems necessary. The Town Clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the records of land evidence of the town. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for that purpose for a period of two years or more, the Town Council may after a public hearing as herein before set forth, change the land to its original zoning use before such petition was filed.
(Ord. passed 10-30-06)
§ 2802 ADDITIONAL PROCEDURES FOR AMENDMENT TO ZONING MAP.
If the proposed amendment involves a change to the zoning map, the applicant shall submit a plan, accurately drawn, showing the shape and dimension of the area in question, abutting property within 200 feet, location by tax assessor's plat and lot number and street and, if available, street numbers, and the location of all zoning district boundaries as they affect the property in question. In addition, the applicant shall submit a list of the names and addresses, determined from public record, of the owner or owners of the property in question and abutting property within 200 feet, and such other information as may be deemed necessary by the Town Council for the consideration of a proposed amendment.
(Ord, passed 10-30-06)
§ 2803 FURTHER PROVISIONS AS TO AMENDMENT OF ZONING MAP.
(A) If, in accordance with the provisions of this chapter, amendments are made in zoning district boundaries or other matter shown on the zoning map, such amendments shall be made as soon as is practicable after their adoption by the Town Council. Each such amendment shall be accompanied by an entry on the zoning map of the date of enactment, and appropriate reference to the Town Council records where the amendment is described.
(B) A description of an adopted amendment shall be attached to the zoning map until such time as the amendment is made a part of the zoning map.
(Ord. passed 10-30-06)
§ 2804 DUTIES OF TOWN CLERK.
(A) It shall be the duty of the Town Clerk to maintain and update the text and zoning map, to have custody of the zoning map and to ensure that entries are made on the zoning map as specified in §§ 2801 and 2803. Changes which impact the zoning map shall be depicted on the map within 90 days of the authorized changes.
(B) The Town Clerk shall make available copies of this chapter and all subsequent amendments to town officials and the public. The Town Clerk shall also, from time to time, publish copies of the zoning map which shall be available for general distribution.
(Ord. passed 10-30-06)
§ 2805 DUTIES OF PLANNING BOARD.
The Planning Board shall file with the Town Council an advisory opinion giving its findings and recommendations on all amendments to this chapter within 45 days after receipt of the proposal and shall review this chapter at reasonable intervals and whenever changes are made to the Comprehensive Plan shall identify any changes necessary to this chapter and forward the recommended changes to the Town Council. In addition, the Planning Board shall recommend amendments to the text and map of this chapter wherever there is a provision for major extension of water or sewer service, location of a major employment facility or major highway construction. Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map, the Planning Board shall:
(A) Include a statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statement, 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 § 100.
(C) At least once every two years, the Planning Board shall review this chapter and make recommendations concerning its revision.
(Ord. passed 10-30-06)
§ 2806 REPETITIVE PETITIONS FOR AMENDMENT OF CHAPTER OR FOR GRANTING OF EXCEPTION OR VARIANCE.
(A) Where the Town Council, in the case of an amendment, or the Zoning Board, in the case of a special use permit or variance, denies an application, the Town Council or the Board may not consider another application requesting the same amendment, special use permit or variance for a period of one year from the date of such denial or withdrawal.
(B) The Town Council or the Zoning Board, as the case may be, may accept such an application after six months; provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of the Council or Board, showing a substantial change of circumstance justifying a rehearing.
(Ord. passed 10-30-06)
§ 2807 LANDOWNERS' PROTESTS.
The Town Council shall have power, after a public hearing as herein provided, from time to time to amend or repeal this chapter and thereby change said regulations or districts; provided, that, if there shall be filed in the office of the Town Clerk on or before the day of such hearing or within three days thereafter a written protest against such proposed amendment or repeal signed and acknowledged by the owners of 20% or more of the street frontage of the property proposed to be affected, or by the owners of 20% or more of the boundary line between the property proposed to be affected and the property immediately in the rear thereof when there is no street between said properties, no such amendment or repeal shall be passed except by a three-fifths vote of the Town Council. The word
OWNER as used in this section shall not be construed to include attaching creditors or lien holders other than mortgagees.