18.1

Pursuant to the provisions of RIGL §45-24-56, there shall be a zoning board of review which shall consist of five (5) members, each to hold office for a term of five (5) years, with one (1) member to be appointed each year by the town manager with the confirmation of the council. The town council may appoint two (2) alternate members of said board, one of whom shall sit as an active member when and if a member is unable to serve at any hearing, upon request of the chair person, of said board. The board shall choose its chairperson, and said chairperson, or an acting chairperson in his or her absence, may administer oaths and compel the attendance of witnesses. All members and auxiliary members of said board shall be qualified electors and residents of the town during their terms of office and shall hold no other office in the service of the town. No more than three (3) of the members of said board shall at any one time be members of the same political party, and one (1) of the auxiliary members shall be from each of the two (2) major political parties. The board shall elect its chairperson from among its members.

18.2

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 ordinance, to adopt, amend, or repeal, and to provide for the administration, interpretation, and enforcement of this zoning ordinance. The provisions of this zoning ordinance are set forth as contained herein and incorporates the official zoning map of the town. The zoning ordinance, and all amendments thereto, shall be consistent and in accordance with the town's comprehensive plan, and provides for the implementation of the West Warwick comprehensive plan.

(Ord. No. 2024-5, 6-18-2024; Ord. No. 2024-18, 10-15-2024)

19.1

The town clerk shall be the officer to receive a proposal for adoption, amendment, or repeal of the zoning ordinance or zoning map. Immediately upon receipt of the proposal, the town clerk shall refer the proposal to the town council, and to the planning board for study and recommendation. The planning board shall, in turn, notify and seek the advice of the town planning department, and shall report to the town council within 45 days after receipt of the proposal, giving its findings and recommendations as prescribed in section 21 of this ordinance. 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 21. The town council shall hold a public hearing within 65 days of receipt of a proposal, giving proper notice as prescribed in section 21. The town council shall render a decision on any proposal within 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.

(Ord. No. 2024-5, 6-18-2024)

20.0

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:

20.1

Include a statement on the general consistency of the proposal with the West Warwick comprehensive plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and

20.2

Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in section 2 herein.

(Ord. No. 2024-5, 6-18-2024)

21.1

The zoning ordinance may be adopted, repealed, or amended 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 local circulation within the town at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice shall be mailed to the parties specified in subsections 21.2, 21.3, 21.4, 21.5 and 21.6 of this section, at least two weeks prior to the hearing. The same notice shall be posted in the town clerk's office in the municipal building in the town and the town must make the notice accessible on its town homepage of its website for fourteen (14)[days prior to the hearing]. The notice shall:

21.1.1

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

21.1.2

Indicate that adoption, amendment, or repeal of a zoning ordinance is under consideration;

21.1.3

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;

21.1.4

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

21.1.5

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.

21.2

Where a proposed general amendment to the existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection 21.1 of this section.

21.3

Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of real property as shown on the current real estate tax assessment records of the town. The notice shall be given by first-class mail two weeks prior to the hearing at which the text amendment is to be considered, with the content required by section 21.1. The notice shall contain a reference to section 6.1 of the West Warwick Zoning Code regarding merger of substandard lots of record. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

21.4

Where a proposed amendment to an existing ordinance includes a specific change in the zoning district map, but does not affect districts generally, public notice shall be given as required by subsection 21.1 of this section, with the additional requirements that:

21.4.1

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

21.4.2

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 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 first class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the town, provided for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

21.5

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 or more of the following pertain:

21.5.1

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

21.5.2

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 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

21.6

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 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 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 2,000 feet thereof.

21.7

Notwithstanding any of the requirements set forth in subsections 21.1 through 21.6 above, the town shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the local regulations. The town shall annually provide public notice of the existence of the registry by publication of notice in a newspaper of general circulation within the town. In addition, the town may provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, town websites, electronic newsletters, public bulletins, press releases, and other means town may use to impart information to the local community. Provided, however, notice pursuant to the public notice registry as per this section does not alone qualify a person or entity as an "aggrieved party" under [RIGL] § 45-24-31(4).

21.8

No defect in the form of any notice under this section shall render the ordinance or amendment invalid unless the defect is found to be intentional or misleading.

21.9

Costs of newspaper and mailing notices required under this section shall be borne by the applicant.

21.10

In granting a zoning ordinance amendment, notwithstanding the provisions of RIGL § 45-24-37, the town council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:

21.10.1

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;

21.10.2

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

21.10.3

Those relating to the use of the land; as it deems necessary.

21.11

The town clerk 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. 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 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.

21.12

Repetitive petitions. No petition involving the same lot or parcel of land or any part thereof, including a request for different zoning classification than requested in initial petition for an amendment to this ordinance or zoning map, shall be accepted by the town clerk, if a petition requesting an amendment, for the same lot or parcel of land or any part thereof has been denied or the petitions withdrawn the same within the preceding 24 months. However, such a petition may be accepted at any time with the consent of the town council if in the opinion of the council it sets forth facts indicating a substantial change of circumstances justifying a hearing on the petition.

(Ord. No. 2024-5, 6-18-2024)