Zoning Ordinance Text or Map Amendment
PROCEDURES FOR ZONING ORDINANCE TEXT OR MAP AMENDMENT
1. An application must be submitted to the Town Clerk using the form provided with payment of all required fees. The application should be accompanied by the following documents:
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In the case of a zoning ordinance text change, the applicant must provide the Article, Section or Subsection of the Zoning Ordinance which is proposed for amendment, the grounds for requesting such amendment, and the new proposed text.
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In the case of a zoning ordinance map change, a map of the area in which the subject property is located must be submitted in accordance with the relevant requirements of R.I.G.L. §45-24-53. The applicant may contact the Charlestown GIS Department for assistance in creating said map for an additional fee of $50. This map will be used for all advertising purposes.
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List of the names and legal mailing addresses of owners of property and owners of private roads within 200 feet of the property, which is the subject of the application. List shall be referenced by Tax Assessor’s Map and Lot number for each owner. NOTE: It is the applicant’s responsibility to notify each of these abutters by certified mail, return receipt requested, providing proof to the Town Clerk that the mailing went out. Such notice shall be issued pursuant to the relevant provisions of Section 218-13 of the Charlestown Zoning Ordinance.
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The proposed text and/or map that is to be used in the legal advertisement must be provided to the Town Clerk in digital form at the time the application is filed. Email address: clerk@charlestownri.gov
2. The Town Clerk shall forward the application to the Zoning Officer, who shall verify the accuracy of any proposed text amendment and/or verify the zoning classification and use of a parcel(s) that is the subject of any proposed map amendment. The Town Clerk shall also forward the application to the Town Planner who shall verify that there is sufficient information provided that will allow the Planning Commission to make an advisory opinion.
3. Each application must be complete as required. If the Town Clerk or other Official finds an application to be incomplete, it shall be returned to the applicant for resubmission in proper form. An application will not be considered filed unless it is complete in all respects.
4. An application, which is determined to be complete by noon of the day,15 days before a Town Council meeting will be Introduced at that meeting with a First Reading of the proposed change. The Public Hearing is usually held the following month; however, the Town Council may vote to hold the Public Hearing at another time.
5. Procedures in preparation of the Public Hearing:
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The Town Clerk will advertise the public hearing three (3) times in accordance with RI State Law and/or Town Ordinance. The Town Clerk will submit a bill to the applicant for the advertising.
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The applicant shall give notice to each owner of real property within 200 feet of the affected property. Such notice will be given by Certified Mail so that abutters have at least 14 days’ notice prior to the Public Hearing.
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The applicant must provide proof that said notice was given by presenting the “green and white” postal receipts to the Town Clerk prior to the Public Hearing.
6. A Public Hearing must be held as advertised but may be continued to a date, time and location certain, or closed. The Public Hearing shall not be closed until an advisory opinion is received from the Planning Commission. If an applicant desires a continuance, a request must be made in writing.
7. Either the applicant or their representative must be present for the entirety of the Public Hearing.
8. Decisions of the Town Council must be made within 45 days following the closure of the Public Hearing.