This ordinance may be amended by the town council and any person, group of persons or corporation may take application to the town council for amendment of this ordinance. 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. Immediately upon receipt of the application, the town clerk shall refer the proposal to the town council and the zoning board of review, and to the warren planning board for study and recommendation. The planning board 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 32-36 of this ordinance. Where a proposal for amendment 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 includes the findings and recommendations of the board pursuant to Section 32-36 of this ordinance.

All applications for amendment shall be accompanied by a filing fee of an amount established in the current fee schedule adopted by the town council payable to the Town of Warren, and returnable only in the event that the application is withdrawn prior to the official notice of public hearing. Costs of notice requirements under this article shall be borne by the applicant.

Where the town council denies or grants leave to withdraw to an application for amendment to this ordinance, the council may not consider another application for the same amendment for a period of one (1) year from the date of such denial or withdrawal. This period of time may be reduced if the later application is accompanied by an affidavit presenting facts, to the satisfaction of the town council, showing that a substantial change in the circumstances exists, justifying a rehearing of the proposed amendment.

Where the application is for a change in the boundary of a zoning district, the application shall be accompanied by an accurately drawn map showing the following:

A.

The boundaries of the property proposed for change with appropriate plat, lot and street numbers and the dimensions and area of the proposed change;

B.

All properties within two hundred (200) feet of the perimeter of the property proposed for change, or any property located on the same dead-end street as said property, together with plat and lot numbers and the names and addresses of the owners of record of said properties; and

C.

The present zoning district boundaries in the area as determined from the official zoning map.

Prior to action on an application for amendment of this ordinance, the town council shall hold a public hearing, at which all interested parties shall be given an opportunity to be heard. The public hearing shall be held within sixty-five (65) days of receipt of a proposal for an amendment, unless an extension is consented to by the applicant. Notice of such public hearing shall be given in a newspaper of general circulation in the Town of Warren at least once each week for three (3) successive weeks prior to the date of such 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:

A.

Specify the place of the hearing, and the date and time of its commencement;

B.

Indicate that amendment of the 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 a summary of the matter under consideration;

D.

Advise those interested where and when a copy of the proposed amendment may be obtained, or examined and copied; and

E.

State that the proposed amendments 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 alteration or amendment must be presented for comment in the course of the 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 mailed at least two (2) weeks in advance of the public hearing date to the following:

A.

The Associate Director of the Division of Planning of the Rhode Island Department of Administration, by first class mail.

B.

All owners of real property, including that within an adjacent community, which is located in, or within not less than two hundred (200) feet of the perimeter of, or is located on the same dead-end street as, the area proposed for change under an application for a zoning map amendment, by registered or certified mail.

C.

The city or town 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 two hundred (200) feet of the boundary of the area proposed for change under an application for a zoning map amendment; 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 map amendment, regardless of municipal boundaries.

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 two thousand (2,000) feet of any real property which is the subject of a proposed zoning change, by first class mail, provided however, that such governing body has filed with the building inspector of the Town of Warren 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.

Upon receipt of an application for amendment, said application shall be referred to the Warren Planning Board. Among its findings and recommendations to the town council the planning board shall:

A.

Include a statement on the general consistency of the proposal with the Warren 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 section 32-3 of this ordinance.

The town council shall render a decision on any proposal for amendment within forty-five (45) days after the date of completion of the public hearing, unless an extension is consented to by the applicant. In granting a zoning ordinance amendment, the town council may limit the change to one (1) of the permitted uses in the zoning district to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including, without limitation:

A.

Those relating to a required permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and uses 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 deemed necessary by the council.

The town clerk shall cause any limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records of the Town of Warren, provided however, in the case of a conditional zone change, the limitations, conditions and restrictions shall not be noted on the zoning map until the zone change has become effective. If any limitation, condition or restriction in an amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the amendment to be invalid.

When a zoning application requests a specific change in the zoning map, the following limitations shall apply:

A.

No residence district shall be amended in excess of the next lowest residence district; i.e. R-40 to R-30, R-30 to R-20, R-20 to R-15. Once a zone change is granted to the next lowest residence district on a certain parcel of land no further zone change is permitted for that parcel of land.

B.

Residence districts R-15, R-10 and R-6 shall not be amended to a lower residence district.

C.

There shall be no limitations on amendments to a higher residence district.

D.

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.

Petitions to amend the zoning designation of undeveloped parcels of land from a higher to a lower (higher density) residence district shall not be acted upon by the town council where such proposed designation would be in conflict with the Warren Comprehensive Plan. Any such petition to change the residential zoning designation of a parcel or parcels of land that would result in greater density of development shall be preceded by the appropriate amendments to the comprehensive plan.

Within five (5) days after the approval of an amendment to this ordinance by the town council, the town clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where the amendment changes the zoning map, the record copy of said map shall be amended to show the change and a notation shall be made thereon, giving the date of amendment and the appropriate reference into town council records. Such changes shall be depicted on the map within ninety (90) days of the authorized amendment.

An appeal of an amendment to this zoning ordinance may be taken to the Superior Court of the State of Rhode Island within thirty (30) days after the amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town of Warren, or by any association of residents or landowners of the town. The complaint shall set forth with specificity the area or areas in which the amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation. The appeal shall not stay the enforcement of the zoning ordinance as 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.