Portsmouth City Zoning Code
ARTICLE XV
Adoption of Ordinance and Amendments
Section A Power of Council to adopt.
1.
For the purpose of promoting the public health, safety, morals, and general welfare, the Town Council shall have the power, in accordance with the provisions of this Article, to adopt, amend, or repeal, and to provide for the administration, interpretation, and enforcement of, the zoning ordinance. The provisions of the zoning ordinance shall be set forth in text and map(s), and may incorporate charts or other material.
2.
The zoning ordinance, and all amendments thereto, shall be consistent with the Town's comprehensive plan, as described in Chapter 45-22.2 of the R.I. General Laws, and shall provide for the implementation of the Town's comprehensive plan.
Section B Procedure for adoption or amendment.
1.
Proposals for adoption, amendment, or repeal of the zoning ordinance or zoning map(s) shall be submitted to the Town Clerk.
2.
Immediately upon receipt of the proposal, the Town Clerk shall refer the proposal to the Town Council at their next regularly scheduled meeting, and to the Planning Board for study and recommendation.
a)
The Planning Board shall, in turn, notify and seek the advice of the Town Planner and shall report to the Town Council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations as prescribed in Section C herein.
b)
Where a proposal for adoption, amendment, or repeal of the zoning ordinance or zoning map is made by the Town Planning Board, the requirements for study by the board may be waived, provided that the proposal by the Planning Board include its findings and recommendations pursuant to Section C. herein.
3.
The Town Council shall hold a public hearing within sixty-five (65) days of receipt of a proposal at a regularly scheduled meeting, giving proper notice as prescribed in Section D herein. The Town Council shall render a decision on any proposal within forty-five (45) days after the date of completion of the public hearing.
4.
The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
5.
The proposals shown in the public notice 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 alteration or amendment must be presented for comment in the course of the hearing.
Section C Review by Planning Board.
Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment, or repeal of the zoning ordinance or zoning map, the Planning Board shall:
1.
Include a statement on the general consistency of the proposal with the comprehensive plan of the Town, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and
Section D Notice and hearing requirements.
1.
No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. At said hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance.
2.
General notice requirements. The Town Council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held.
a)
Written notice, which may be a copy of the newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in Subsections 2., 3., 4., and 5. of this section, at least two (2) weeks prior to the hearing.
b)
The 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:
(1)
Specify the place of the hearing and the date and time of its commencement;
(2)
Indicate that adoption, amendment, or repeal of the zoning ordinance is under consideration;
(3)
Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize and 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 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. Any alteration or amendment must be presented for comment in the course of the hearing.
3.
Notice for a general amendment. Where a proposed general amendment to an existing zoning ordinance, having Town-wide or district wide effect, includes changes in an existing zoning map, public notice shall be given as required by Subparagraph 2 of this section.
4.
Notice for specific lot(s) change(s). Where a proposed amendment to an existing ordinance includes a specific change in the zoning district map applicable to specific parcels, but does not affect districts generally, public notice shall be given as required by Subparagraph 2 of this section, with the additional requirements that:
a)
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
b)
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 in or within not less than two hundred feet (200') of the perimeter of the area proposed for change, whether within the Town or within an adjacent town.
c)
The notice shall be sent by registered or certified mail to the last known address of the owners, as shown on the current real estate tax assessment records of the Town in which the property is located.
5.
Notice of a public hearing shall be sent by first class mail to the Town Council of any town to which one (1) or more of the following pertain:
a)
Which is located in or within not less than two hundred feet (200') of the boundary of the area proposed for change; or
b)
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 two thousand feet (2,000') of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
6.
Notice of a public hearing shall be 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 within two thousand feet (2,000') 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 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 two thousand feet (2,000') thereof.
7.
No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.
8.
Costs of any notice required under this section shall be borne by the applicant.
Section E Conditions set on zone changes.
1.
In granting the zoning ordinance amendment, notwithstanding the provisions of Article V. Permitted Uses, the Town Council may limit the change to one (1) of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:
a)
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;
b)
Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
c)
Those relating to the use of the land; as the Council deems necessary.
2.
The Town Planner, or if none the Planning Board, 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.
3.
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 (2) years or more after the zone change becomes effective, the Town Council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the petition was filed.
4.
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.
Section F Creation of vested rights.
1.
Any application for development that is substantially complete and has been submitted for approval to the appropriate review agency of the Town, as specified in this Ordinance, prior to enactment of a new zoning ordinance or amendment shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted. A Certification of Completeness or written notification to an applicant that an application is not substantially complete shall be issued by the Zoning Enforcement Officer within five (5) working days of his/her receipt of an application and required supportive materials.
a)
"Substantially Complete" for this purpose shall mean that the application and required supportive materials are complete and sufficient for the Zoning Enforcement Officer, Planning Board or the Zoning Board of Review to make a fully informed decision on an application.
2.
Any application for development under the provisions of this section which is not utilized within a period of one (1) year from the date of its authorization shall be void unless, upon written request of the applicant, the Zoning Board of Review grants an extension, provided that not more than one (1) such extension for a period of six (6) months may be granted.
a)
If written proof from the Portsmouth Water and Fire District is provided showing that the applicant is unable to secure a tie-in to the Portsmouth Water and Fire District's water supply, then the Zoning Board of Review shall grant an extension for a period of one (1) year, provided that the applicant demonstrates reasonable diligence in attempting to secure such tie-in.
b)
If written proof from an applicable State or Federal agency is provided showing that the applicant is unable to secure the necessary permits from said agency within the time allotted hereunder, then the Zoning Board of Review shall grant an extension for a period of one (1) year, provided that the applicant demonstrates reasonable diligence in attempting to secure such permit.