There are three types of Map Amendments:
Application for a Map Amendment: to zone either previously unzoned land or to rezone already zoned land through either the contested case process (by application) or the rulemaking process (by petition), depending on whether the proposed map amendment is considered to be primarily of benefit to an individual land owner(s) (contested case) OR whether the proposed map amendment is considered to be primarily in the public interest (rulemaking case).
The Zoning Commission is authorized to approve a map amendment when it is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site, and, in the case of a contested case map amendment, the Applicant must meet the burden of proof to justify the granting of the application.
Application for a Map Amendment related to a Planned Unit Development (PUD): to zone previously unzoned land or to rezone already zoned land as part of PUD project. Such a map amendment is made by application and is considered as part of the PUD application process.
The Zoning Commission is authorized to approve a PUD-related map amendment. As a contested case, the Applicant has the burden of proof to justify the granting of the PUD-related map amendment, since it is a map amendment that is proposed in furtherance of an individual land owner or owners’ development project. For the PUD-related map amendment, the Zoning Commission considers the additional height and density that accrues to the PUD development from the map amendment and weighs that against the public benefits proffered by the PUD and must find the public benefits to be commensurate with the benefit to the development project. The PUD-related map amendment is only in effect for the life of the PUD, and after the life of the PUD is over, the zoning reverts back to the underlying (or original) zoning.
Petition for Amendment to Create a New Zone 1 : to zone either previously unzoned land or to rezone already zoned land through the rulemaking process where the new zone is considered to be grounded in the public interest, as opposed to primarily benefitting an individual land owner(s).
The Zoning Commission is authorized to create a new zone for a well-defined geographic area with generally similar development characteristics and land use, where the proposed zone will not be inconsistent with the Comprehensive Plan or with applicable small area plans, will not result in adverse impacts on the environment or adjacent land, will not result in an undue diminution of property rights, and where there is evidence of significant community support for such a new zone.
For more information on the following topics, please see the corresponding referenced sections:
- Map Amendments – Subtitle X, Chapter 5
- Petitions for Amendment to Create a New Zone – Subtitle X, Chapter 4
- Map Amendment Application and Petition Requirements – Subtitle Z § 304
1 Note: creation of a new zone would involve a text amendment and a map amendment.