Deer Park City Zoning Code

A petition for a change of zone classification or zone boundary lines may be filed with the planning commission by any person owning land in the area proposed to be rezoned or by the duly authorized agent of such record owner;

A petition for a change of zone classification or zone boundary lines shall contain signatures by the owners or duly authorized agents of at least 51 percent of the property within an area proposed for rezoning;

All petitions filed shall be accompanied by the petitioner's statement justifying the zone change and a list of the names of the last grantee in the last deed in the chain of titles to each parcel or lot proposed to be rezoned and each parcel or lot which, in whole or in part, lies within a distance of 300 feet from the boundary of the property proposed to be rezoned, also the name of the person paying the taxes on each such parcel or lot, together with the address, when available, of each such grantee and person paying the taxes. If any property abutting the zone change site is owned by the same person or entity as the zone change site, the owners of property within 300 feet of that property owned by the zone change applicant shall also be included in the list of grantees and persons paying taxes. The list of owners and persons paying taxes must be certified by any title company, licensed in the state, within 30 days prior to the date such petition is filed with the planning commission. Petitions shall not be accepted for filing unless accompanied by the required current certified list of grantees and persons paying the taxes as prescribed in this subsection. The above list of owners is for the purpose of sending notices of the hearing to owners of properties in the area proposed to be rezoned and in the vicinity of the property proposed to be rezoned, but nothing in this subsection shall be construed as prohibiting any interested person from being heard who owns property which is more than 300 feet distant from the property proposed to be rezoned. Petitions, when circulated for rezone, must include a copy of the current zone designation(s) and proposed zone designation(s), landowner's name and address, legal description of the lots owned, and the number of lots owned, and other information as required in DPMC Title 19 for a notice of application/public notice;

All petitions filed shall be presented on forms prescribed by the planning director. The petition form describing the proposed zone change and a map showing the properties within a 300-foot distance of the property to be rezoned, also the dedicated streets and alleys and portions of any official recorded plats of property therein, shall be prepared by the planning staff for the petitioner upon his/her presentation of a receipt from the city treasurer showing payment for the fee established by separate resolution of the council to cover the cost thereof. Failure to file a petition within one year after its date of issue by the planning staff shall render such petition void.

Any petition properly filed with the planning department and accompanied by information prescribed herein, shall be heard in less than 30 days after the posting, publication and mailing of such hearing (whichever is last); provided, however, that if any zone change petition is predicated upon preparation of an environmental impact statement or upon amendment of the comprehensive plan, such environmental impact statement must be completed or such comprehensive plan amendment must be heard and approved prior to any hearing on the zone change petition;

All persons certified by the title company, as prescribed in subsection (D)(3) of this section, to be an owner of property within 300 feet of the boundary of the property proposed to be rezoned, or extended distance as provided for in said subsection (D)(3), and for whom the address is shown on the certified list, shall be sent a notice mailed not less than 15 days prior to the hearing date. Notice shall also be posted in at least three public places within the affected area not less than 15 days prior to the hearing date, in accordance with the requirements of DPMC Title 19. The notice of public hearing giving the date, time, place, purpose, and other information required for a notice of application/public notice, shall also be posted at the City Hall and other public locations and published in a newspaper of general circulation within the affected area not less than 15 days prior to the hearing date. The notice shall identify the property and reclassification proposed, the time of hearing and such other information deemed relevant by the planning commission. Failure of any person to receive such notice of hearing shall not invalidate any proceedings in connection with the proposed zone change.