The ordinance allows the town to approve a zoning map amendment to create a new district to function as a floating zone restricted to sites of 25 acres or greater. Uses permitted include in the general commercial district; office, research, industrial district; industrial park district: Conservation-Recreation district and the institutional district.

Flex zoning is intended to felicitate planned developments in town that would contribute to economic growth while minimizing impacts on surroundings. "This is a flexible zoning method; it allows a greater control to some extent than you do in typical what we call Euclidean Zoning," Town Attorney Leslie Powell said, noting the flexibility allows a "mix and match" of compatible usage.

Applicants who make presentations to include certain properties within the economic flex district will receive review by the Planning Commission who will then provide recommendations to the council. "So this board then has a say in how a property is developed," Powell said.

The text amendment came about as a result of a land owner with a significant amount of land on the east side of U.S 15 looked to jumpstart developing the property at the beginning of the comprehensive plan process.

Floating zoning also provides the town "a lot of built-in protections," as it has a "higher open space requirement than your Euclidean zone and corridor enhancements along US-15 and gives the town control over rezoning," according to Dean.

"It is completely optional on your part. If you don’t like the plan we provide, if you don’t want to rezone the property, you just deny it. there’s no by-right in this," he said.

Applicants make their case to the planning commission and then to the council and approval by the council is discretionary. "Sort of like an annexation, and that you can just say no," he said.

"A floating zone under Maryland law can only be approved by the elected officials," and cannot be delegated to the Planning commission, he said.

The ordinance also details language that states if the property is not being utilized, it can be taken away at a future comprehensive rezoning. "It’s not irrevocable," Powell said.

The purpose is to allow an applicant to apply for the floating zone and would allow the town to attract high quality employees and taxpayers. "In the grand scheme of things, I think it’s a great tool to have in your toolbox," Powell said.

Applying for the Economic Development Flex District is a very public process with plenty of public hearings and planning commission participation, according to Powell.

Upon hearing the detailed presentations clarifying the ordinance, Commissioner Frank Davis was "excited" at the prospect of the flexible zoning, "I just think it gives us the boost that the town needs and it gives us that flexibility," he said.