Deer Park City Zoning Code

There are some instances when the private sector needs to use as yet undeveloped city right-of-way for access to private property. The purpose of this chapter is to provide a process for the city to accept and evaluate applications for such uses.

An application for a special use permit shall comply with the Type III (quasi-judicial) application procedures set forth in DPMC Title 19. A written application shall be filed with the planning director. The application shall state the nature of the request and show how the proposed activity will comply with the standards set forth in this chapter. A specific and detailed site plan shall be submitted with the application.

After issuance of a determination of completeness, the planning director shall investigate the matter and prepare a staff report to the planning commission on the impact, if any, the proposed activity would have on the affected city property and on surrounding public and private properties. Such staff report shall be made available for public inspection prior to the public hearing.

Within 30 days of issuance of a determination of completeness for such application, the planning director shall give notice of public hearing setting the time, place, and purpose of the hearing, and giving other notice of application/public notice information as required in this title and in DPMC Title 19, which shall be published in a newspaper of general circulation in the city, posted on the site, and posted at the City Hall and other public locations, within the time frame prescribed in this title and in DPMC Title 19 prior to the date of the hearing. In accordance with DPMC Title 19, the planning director may provide additional public notice at his/her discretion (i.e., mailing notice to abutting or surrounding property owners, etc.). An open record predecision public hearing shall be held before the planning commission in accordance with Chapter 18.88 DPMC and DPMC Title 19.

Within 30 days after the close of the public hearing, the planning commission shall make a written report of its findings and recommendations to the city council.

The city council shall render its written notice of decision within 30 days after receipt of the planning commission's findings and recommendations, unless such time limit is extended by the city council.

Any special use permit granted by the city council shall expire unless the privilege granted is utilized within one year after the granting of the special use permit. Any permittee holding an unexpired permit may apply for an extension of the time within which to commence work under the permit when such permittee is unable to commence work within the time required by this section. The city council may extend the time for action by the permittee for a period not exceeding one year upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than two times without an additional public hearing and written recommendation from the planning commission.

The city council may, in writing, suspend or revoke a permit issued under the provisions of the chapter whenever the permit is found to have been issued in error, or on the basis of incorrect information supplied, or in violation of any permit condition, ordinance, regulation, or any provisions of this code.