The regulations, restrictions and boundaries set forth in this ordinance may from time to time be amended, supplemented, modified or repealed by the town council, provided that all amendments thereto shall be consistent with the South Kingstown Comprehensive Community Plan, and shall provide for the implementation of the comprehensive plan. Any person may petition the town council for an amendment.

A.

Procedure. The director of planning shall be the officer to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Within fifteen (15) days of receipt of a completed application (including the applicable filing fee) for such a proposal, the director of planning shall issue a certificate of completeness to the applicant indicating that the application is complete, or shall issue a certificate of incompleteness indicating that it is incomplete and setting forth the incomplete items. Upon issuance of a certificate of completeness, the director of planning shall immediately refer the proposal to the town council, and to the planning board for study and recommendation. The planning board shall, in turn, seek the advice of the planning department, 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 subsection B., below. Where a proposal for adoption, amendment, or repeal of the zoning ordinance or zoning map is made by the 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 subsection B., below. The town council shall hold a public hearing within sixty-five (65) days of receipt of a proposal from the planning board, after giving proper notice thereto. The town council shall render a decision on any proposal within forty-five (45) days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.

B.

Planning Board findings and recommendations. 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

2.

Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in the Preamble of this ordinance and of G.L. 1956, § 45-24-30.

A.

Notice required for all amendments. No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of 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 but not the day of the hearing. At such hearing, opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed by the town clerk to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Where applicable, written notice shall be mailed by the applicant to the parties specified in subsections B., C., D., and E. of this section, at least two (2) weeks prior to the hearing. 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 a zoning ordinance is under consideration;.

3.

Contain a statement of the proposed amendments to the ordinance, that may be either printed once in its entirety, or may 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 such alteration or amendment must be presented for comment in the course of the hearing.

B.

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

C.

Specific map amendment. Where a proposed amendment to the ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required by subsection A., of this section, with the additional requirements that:

1.

Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and town boundaries where appropriate; and

2.

Written notice of the date, time, and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than two hundred (200) feet of the perimeter of the area proposed for change, whether within the town or within an adjacent city or town. 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.

D.

Notice to neighboring municipalities. Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one (1) or more of the following pertain:

1.

Which is located in or within not less than two hundred (200) feet of the boundary of the area proposed for change; or

2.

Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within two thousand (2,000) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

E.

Notice to water supply entities. 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 (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 official 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 (2,000) feet thereof.

F.

Defect in notice. 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.

G.

Cost of notice. Costs of any notice required under this section shall be borne by the applicant.

If the proposed amendment involves a change in the official zoning map, the applicant shall submit a plat of the property in question bearing the stamp of a registered professional engineer or a registered land surveyor affirming that the boundaries of the property have been surveyed and closed, unless the property in question can be precisely identified by reference to (1) an approved plat containing a surveyor's stamp that has been recorded in the land evidence records of the town, or (2) a specific plat and lot designation of the tax assessor of the town.

A.

Power to limit and restrict. In granting a zoning ordinance amendment, the town council may limit the change to one (1) or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions as the town council deems necessary. Such limitations, conditions and restrictions may include, but are not limited to:

1.

Conditions precedent, 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, prior to the zone change becoming effective;

2.

Those relating to the effectiveness or continued effectiveness of the zoning change; and/or

3.

Those relating to the use of the land.

B.

Notation of limits and implementation of restrictions. The town clerk shall cause the limitations and conditions so imposed to be clearly noted on the official zoning map and recorded in the land evidence records. However, in the case of a conditional zone change where conditions precedent have been imposed, the zone change and the conditions shall not be noted on the official 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 (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 designation before the 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.

Where the town council denies a request for an amendment, the town council may not consider another application requesting the same identical action for a period of one (1) year from the date of such denial.

The fee for each application for an amendment shall be as established by the town council from time to time.

A.

Publication and availability of ordinances.

1.

Printed copies of the zoning ordinance and map(s) shall be available to the general public and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.

2.

Upon publication of the zoning ordinance and map, and any amendments thereto, the director of planning shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island, and the state law library.

B.

Maintenance of Zoning Ordinance.

1.

The town clerk shall be the custodian of this zoning ordinance and official zoning map or maps created thereunder. The town clerk shall be responsible for maintenance and update of the text and official zoning map comprising this ordinance. Changes which impact the official zoning map shall be depicted on the map within ninety (90) days of either such authorized change(s), or the date the change becomes effective if it is a conditional zone change.

2.

The planning board shall be responsible for review of this ordinance annually, and whenever changes are made to the comprehensive plan of the town, to identify any changes necessary and forward these changes to the town council.

An appeal of the enactment of or an amendment to this ordinance may be taken to the Superior Court for Washington County by filing a complaint within thirty (30) days after such enactment, or amendment has become effective. 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. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the town, or by any association of residents or landowners of the town. This appeal shall not stay the enforcement of the zoning ordinance 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.