This article shall apply exclusively to all amendments and changes
of the following types:
A. All amendments of text incorporated into this chapter pursuant to
the Critical Area Law and the Critical Area Regulations; and
B. All changes, classifications, reclassifications, zonings, rezonings,
and map amendments, whether comprehensive, regional or piecemeal,
to a zoning district, land management classification or map which
is created or mandated by this chapter pursuant to the Critical Area
Law and the Critical Area Regulations, except for all applications for an award of growth allocation according to §
340-39 of this chapter.
The following procedures shall be required for the approval of an amendment to this chapter of the type governed by this Article
XVIII:
A. Applications for piecemeal map amendments. Only a property owner
or his/her representative may apply for a piecemeal map amendment
of the type governed by this article involving his/her land.
B. Applications for all other amendments. All other types of amendments
governed by this article may only be initiated by the Town Commissioners.
C. Procedures for processing amendments. Amendments of the type governed
by this article shall be processed as follows:
(1)
Procedures for processing piecemeal amendments. An application
that has the purpose or effect of a piecemeal land use management
reclassification, piecemeal amendment of Critical Area Overlay District
boundaries, or other piecemeal map amendments shall be processed in
accordance with the procedures described in the following provisions
of this chapter:
(a)
Section 340-200 (notice of public hearings);
(b)
Section 340-196 (procedures for approval of amendment), Subsection
A (processing by the Planning Commission); and
(c)
Section 340-196 (procedures for approval of amendment), Subsection
C (procedures by the Town Commissioners of an application for piecemeal rezoning).
(2)
Procedures for processing all other amendments. Except for an application governed by the procedures of Subsection
C(1) procedures for processing piecemeal amendments, a proposal that has the purpose or effect of a text and/or map amendment of the type governed by this article shall be processed in accordance with the procedures described in the following provisions:
(a)
Section 340-200 (notice of public hearings);
(b)
Section 340-195 (procedures for approval of amendment), Subsection
A (processing by the Planning Commission); and
(c)
Section 340-195 (procedures for approval of amendment), Subsection
C (procedures by the Town Commissioners of an application for piecemeal rezoning).
(3)
An application or proposal of the type governed by this article
that is approved by the Town Commissioners shall thereafter be referred
by the Town to the Critical Area Commission for its final review and
decision.
(4)
Critical area commission approval. An application, proposal
or amendment that has been approved by the Town Commissioners shall
thereafter be referred by the Town to the Critical Area Commission
for its final review and decision. No such application, proposal,
or amendment of the type governed by this article shall become effective
unless and until it has been reviewed and approved by the Critical
Area Commission, as provided by the applicable provisions of the Critical
Area Law and the Critical Area Regulations.
(5)
Enactment of an ordinance to effect text and/or map amendment. Upon completion of the required procedures and approvals relating to a proposal or application for a text and/or map amendment of the type governed by this article, the Town Commissioners shall, without further procedures except those required by the Town Charter, subject in a legislative process to the provisions of §
340-195B(2), enact an ordinance to affect the text and/or map amendment thereby approved, in accordance with all terms and conditions of such approval.