a.

The regulations, restrictions and boundaries set forth in this ordinance 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. All applications for amendment shall be filed at the office of the town clerk and shall be accompanied by a complete description of the proposed amendment and the portion of the ordinance proposed for amendment.

b.

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. The public hearing shall be held within 65 days of receipt of an application for amendment. The town council shall require the applicant to bear the cost of advertising and mailing relative to the public hearing.

c.

If the proposed amendment involves a change to the zoning map, the applicant shall submit the following:

(1)

An accurately drawn plat, showing the shape and dimensions of the area in question, the tax assessor's plat and lot number, street location and street numbers, abutting property within 500 feet, and the location of all zoning district boundaries as they affect the property in question;

(2)

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 500 feet; and

(3)

Other information as may be deemed necessary by the town council for the consideration of a proposed amendment.

d.

The town council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. The town council shall act upon the proposed amendment in such manner as it deems to be in the best interest of the town.

a.

Any proposal for an amendment shall be referred to the planning board, who shall report to the town council within 45 days after receipt of the proposal. Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map is made by the planning board, the requirement for study by the planning board is waived.

b.

Among its findings and recommendations to the town council with respect to a proposal for adoption, amendment or repeal of this zoning ordinance or the zoning map, the planning board shall:

(1)

Include a statement on the general consistency of the proposal with the Tiverton comprehensive plan, 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 G.L. 1956, § 45-24-30.

Notice of the public hearing shall be published in a newspaper of general circulation in the Town of Tiverton once a week for three successive weeks prior to the date of the hearing. The newspaper notice shall be published as a display advertisement, using a type at least as large as the normal type size used in news articles, and shall include the following:

a.

The date, time and place of the hearing.

b.

A statement that amendment of the zoning ordinance is under consideration.

c.

A statement of the proposed amendment in its entirety, or a summary of the matter under consideration.

d.

The location where and times when a copy of the proposed amendment may be obtained, or examined or copied.

e.

A statement that the proposed amendment may be altered or further amended prior to the close of the public hearing without further advertising, as a result of further study or because of views expressed at the public hearing; and that any alteration or amendment must be presented for comment at the public hearing.

Written notice, which may be a copy of the newspaper notice, or otherwise gives the date, time and place of the public hearing, and the nature and purpose thereof, shall be sent at least two weeks in advance of the public hearing date to the following:

a.

The associate director of the division of planning of the department of administration, by first class mail.

b.

Owners of all property, including that in any adjacent community, which is located in or within not less than 500 feet of the perimeter of a proposed map amendment, where the proposed amendment includes a specific change to the zoning map, by registered or certified mail.

c.

The town or city council of any adjacent community, by first class mail, to which either of the following pertain:

(1)

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

(2)

Where there is a public or quasipublic water source, or private water source that is used or is suitable for use as a public water source, which lies within 2,000 feet of any area which may be affected by the proposed amendment.

d.

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 2,000 feet of any area which may be affected by the proposed amendment, by first class mail, provided, however, that such governing body has filed with the building official a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

a.

In granting an amendment to this ordinance, the town council may limit the change to one of the permitted uses in the district to which the subject land is rezoned, and impose such conditions and restrictions as it deems necessary, including, without limitation:

(1)

Requiring the applicant 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)

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

(3)

Those relating to the use of the land.

Such conditions or restrictions shall be clearly noted on the zoning map and recorded in the land evidence records of the Town of Tiverton, provided, however, in the case of a conditional zone change, the conditions or restrictions shall not be noted on the zoning map until the zone change has become effective.

b.

If the permitted use for which the land has been rezoned is abandoned, or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the town council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the application was filed.

No such amendment or repeal shall be passed except by three-fifths vote of the town council in the event there is 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 amendment or repeal signed and acknowledged by any of the following:

a.

The owners of 20 percent or more of the street frontage of the property proposed to be affected;

b.

The owners of 20 percent or more of the street frontage directly opposite the property proposed to be affected; or

c.

The owners of the property abutting on 20 percent or more at 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.

The word "owner," as used in this section, shall not be construed to include attaching creditors or lienholders, other than mortgagees.

If, in accordance with the provisions of this ordinance, amendments are made in zoning district boundaries or other matters shown on the zoning map, such amendments shall be depicted on the map within 90 days after their adoption by the town council. 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 map.