The text of this chapter or the boundaries of any zoning district
may be amended in accordance with the procedures of this article.
For this article, the term "amend" shall include the terms "enact,"
"reenact," "modify," "supplement," and "repeal."
Exclusions shall not apply to the following:
A. Map amendments resulting from awards of growth allocation, which are governed by §
340-39 of this Code.
B. Text and map amendments pertaining to the Town's Critical Area District, which are governed by Article
XVIII of this Code.
C. Map amendments resulting from awards of the PR Planned Redevelopment floating zone district, which are governed by §
340-40 of this Code.
Except for program amendments or program refinements developed
during a six-year comprehensive review, a Zoning Map amendment of
the land use management classification may only be granted by Town
Commissioners upon proof of a mistake in the existing zoning. This
requirement does not apply to proposed changes to a Zoning Map that
meet the following criteria:
A. Are wholly consistent with the land classifications as shown on the
adopted Critical Area Overlay Map; or
B. The use of growth allocation, in accordance with the provisions of §
340-39, is proposed.
The provisions of this article and Article
XVIII where applicable regarding the procedures and requirements of public hearings and findings of fact to be made regarding applications shall also apply to requests for floating zone district designation except that it shall not be necessary to prove a change in the character of the neighborhood or mistake in the original zoning of the property in order to gain approval. In floating zone districts, the test for approval or denial shall be compatibility with the neighborhood and consistency with the Comprehensive Plan.