(a) Procedure

Other than for proposals originated by the Town Council, the Building Official 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 Building Official shall refer such proposal to the Town Council and the Planning Board for study and recommendation. If the proposal originates with the Town Council, the Town Council shall refer such proposal to the Building Official and the Planning Board. The Planning Board shall report to the Town Council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations. The Town Council shall hold a public hearing within sixty-five (65) days of receipt of proposal, giving proper notice as prescribed in Section 910.3 of this Ordinance. The Town Council shall render a decision on any such proposal within forty-five (45) days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

(b) Review by Planning Board

Among its findings and recommendations to the amendment or repeal of this Ordinance or zoning map, the Planning Board shall:

(1) include a statement on the general consistency of the proposal with the Comprehensive Plan of the Town, including the goals and policies statement, the implementation pro- gram, 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 Section I - 1 of this Ordinance.

(c) Notice and Hearing Requirements

(1) No zoning Ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. The Town Council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) 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, which may be a copy of said newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in subsections (2), (3), (4) and (5) of this section, at least two (2) weeks prior to the hearing. Such 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:

(i) specify the place of said hearing and the date and time of its commencement;

(ii) indicate that adoption, amendment or repeal of a zoning Ordinance is under consideration:

(iii) 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;

(iv) advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

(v) 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.

(2) 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 (1) of this section.

(3) 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 (1) of this section, with the additional requirements that:

(i) 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

(ii) 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 two hundred (200) feet of the perimeter of the area proposed for change, whether within the Town of Cumberland or within an adjacent city of town in which the property is located.

(4) 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 (1) or more of the following pertain:

(i) which is located within two hundred (200) feet of the boundary of the area proposed for change; or

(ii) 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 change, regardless of municipal boundaries.

(5) 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 two thousand (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 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 (2,000') thereof.

(6) 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.

(7) Costs of any notice required under this section shall be borne by the applicant.

(8) In granting a Zoning Ordinance amendment, the Town Council may limit the change to one (1) 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:

(i) 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;

(ii) relating to the effectiveness or continued effectiveness of the zoning change; and/or

(iii) relating to the use of the land as it deems necessary.

The Building Official and 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 re-zoned 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 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.

(d) Maintenance of Zoning Ordinance

The Town Clerk shall be the custodian of this Zoning Ordinance and zoning map or maps created thereunder. The Building Official shall be responsible for maintenance and update of the text and zoning map comprising this Ordinance. Changes which impact the zoning map shall be depicted on the map within ninety (90) days of such authorized change(s). The Planning Department shall be responsible for review of this Ordinance annually, and whenever changes are made to the Comprehensive Plan of the Town, to identify any changes necessary and forward these changes to the Town Council.

(e) Publication and Availability of Zoning Ordinance

Printed copies of this Ordinance and map(s) shall be available to the general public through the Town Clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.

Upon publication of this Ordinance and map(s), and any amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island, and to the State Law Library.

(f) Appeal of Enactment of or Amendment to Zoning Ordinance

An appeal of the enactment of or an amendment to this Ordinance may be taken to the Superior Court for Providence County by filing a complaint within thirty (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 Town, or by any association of residents or landowners of the Town. This appeal shall not stay the enforcement of the zoning ordinance, 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.