A.
Other than for proposals originated by the City Council,
the Director shall be the officer to receive a proposal for adoption,
amendment or repeal of a zoning ordinance or Zoning Map(s). Immediately
upon receipt of such proposal, the Director shall refer such proposal
to the City Council and the City Planning Commission for study and
recommendation, unless the proposal originates from the City Planning
Commission, in which case the proposal need not be referred to it.
If the proposal originates with the City Council, the City Council
shall refer such proposal to the Director and the City Planning Commission.
[Amended 12-20-2023 by Ch. No. 3287]
B.
The City Planning Commission shall, in turn, notify
and seek the advice of the Department of Planning and Redevelopment
and report to the City Council within 45 days after receipt of the
proposal, giving its findings and recommendations. The requirements
for study may be waived if the proposal was proposed by the City Planning
Commission and completed prior to submission to the Director.
[Amended 12-20-2023 by Ch. No. 3287]
C.
The City Council shall hold a public hearing within 65 days of receipt of proposal, giving proper notice as prescribed in § 410-123 of this chapter. The City Council shall render a decision on any such proposal within 45 days after the date of completion of the public hearing.
D.
The provisions of this section pertaining to deadlines
shall not be construed to apply to any extension consented to by the
applicant.
Among its findings and recommendations to the
amendment or repeal of this chapter or Zoning Map, the City Planning
Commission shall include:
A.
A statement on the general consistency of the proposal
with the Comprehensive Plan of the City, including the goals and policies
statement, the implementation program and all other applicable elements
of the Comprehensive Plan.
[Amended 12-20-2023 by Ch. No. 3287]
A.
No zoning ordinance shall be adopted, repealed or amended until after a public hearing has been held upon the question before the City Council. The City Council shall first give notice of such public hearing by publication of notice in a newspaper of local circulation within the City at least once each week for three consecutive weeks prior to the date of such 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 to the proposed ordinance. Written notice shall be mailed where applicable, to the parties specified in Subsections B, C, D and E of this section, at least two weeks prior to the hearing. The same notice shall be posted in the City Clerk's office and one other municipal building in Pawtucket and the notice shall be accessible on the home page of the City of Pawtucket website at least 14 days prior to the hearing. The notice shall:
(1)
Specify the place of said 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 printed once in its entirety, or summarize or 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.
(5)
State that the proposal 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 said hearing.
B.
Where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map, public notice shall be given as required by Subsection A of this section.
C.
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 the real property as shown on the current real estate tax assessment records of the city or town. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by Subsection A. The notice shall include reference to the § 410-71 and the impacts of common ownership of nonconforming lots. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
D.
Where a proposed amendment to an existing ordinance includes a specific change in a Zoning District Map but does not affect districts generally, public notice shall be given as required in 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 City boundaries where appropriate.
(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 within 200 feet of the perimeter
of the area proposed for change, whether within the City or within
an adjacent City or town in which the property is located. Notice
shall also be sent to any individual or entity holding a recorded
conservation or preservation restriction on the property that is the
subject of the amendment. 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 city or town in which the
property is located; provided, for any notice sent by first-class
mail, the sender of the notice shall submit a notarized affidavit
to attest to such mailing.
E.
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:
(1)
Which is located within 200 feet of the boundary of the area
proposed for change.
(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.
F.
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 company
has filed with the Director in the City 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.
G.
There is hereby established a public notice registry allowing any
person or entity to register for electronic notice of any changes
to the zoning ordinance. The Director shall maintain the public notice
registry and shall provide public notice annually of the existence
of the electronic registry by publication of notice in a newspaper
of general circulation within the City.
H.
No defect in the form of any notice under this section shall render
any ordinance or amendment invalid, unless such defect is found to
be intentional or misleading.
I.
Costs of newspaper and mailing notices required under this section
shall be borne by the applicant.
J.
Limitations, conditions and restrictions.
(1)
In granting a zoning ordinance amendment, the City Council may
limit the change to one or more 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 federal, state or local governmental agencies having jurisdiction
over the land and use which are subject to 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 it deems necessary.
(2)
The Director and the City 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, that 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 City Council may, after a public hearing as herein
before set forth, change the land to its original zoning use before
such petition was filed. If any limitation, condition or restriction
in an ordinance amendment is held to be invalid by a court in any
action, that holding shall not cause the remainder of the ordinance
to be invalid.
The City Clerk shall be the custodian of this
chapter and Zoning Map or maps created hereunder. The Director of
Planning shall be responsible for maintenance and update of the text
and Zoning Map comprising this chapter. Changes which impact the Zoning
Map shall be depicted on the map within 30 days of such authorized
change(s). The Director of Planning shall be responsible for review
of this chapter annually, and whenever changes are made to the Comprehensive
Plan of the City, to identify any changes necessary and forward these
changes to the City Council.
A.
Printed copies of this chapter and map(s) shall be
available to the general public through the City Clerk and shall be
revised to include all amendments. A reasonable charge may be made
for copies to reflect printing and distribution costs.
B.
Upon publication of this chapter and map(s), and any
amendments thereto, the City Clerk shall send a copy, without charge,
to the State Law Library.
[Amended 12-20-2023 by Ch. No. 3287]
An appeal of the enactment of or an amendment
to this chapter may be taken to the Superior Court for Providence
County by filing a complaint within 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 City or by any association of residents or landowners
of the City. This appeal shall not stay the enforcement of this chapter,
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.
