No. 621
AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DIVIDING THE
CITY OF KATY INTO DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN
AND REGULATING THE USE AND HEIGHT OF BUILDINGS, THE SIZE OF YARDS,
THE DENSITY OF POPULATION, ADOPTING A ZONING MAP SHOWING THE LOCATION
AND BOUNDARIES OF THE VARIOUS DISTRICTS OF ENFORCEMENT, INTERPRETATION
OF ZONING MAP, A BOARD OF ADJUSTMENTS, PRESCRIBING ITS DUTIES AND
OPERATION, ZONING OF NEW TERRITORY UPON EXTENSION OF CITY LIMITS,
PENALTIES FOR VIOLATION, FUTURE CHANGES AND AMENDMENTS, DEFINING VARIOUS
TERMS AND WORDS USED IN THE ORDINANCE, PROVIDING A SAVING CLAUSE AND
FIXING EFFECTIVE DATE.
WHEREAS, the city council has determined it in the best interest
of the City of Katy to avail itself of zoning powers granted by the
laws of the State of Texas, and
WHEREAS, a duly appointed Zoning Commission has reported its
findings and recommendations to the city council, and
WHEREAS, the city council has debated such findings and recommendations
and conducted public hearings to allow the citizens of Katy an opportunity
to express themselves on the subject,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KATY, TEXAS:
The purpose of this ordinance is to zone the entire area of
the City of Katy and the districts in accordance with a comprehensive
plan for the purpose of promoting health, safety, morals and the general
welfare of the general public. The regulations and districts herein
established have been designed to lessen congestion in the streets;
to provide safety from fire, panic, and other dangers; to provide
adequate light and air, to prevent the overcrowding of land, to avoid
undue concentration of population, to provide and facilitate adequate
provisions for transportation, water, sewage, schools, parks and other
public requirements. Said districts have been established with reasonable
consideration of the character of the district and its peculiar suitability
for the particular uses, and with the view of conserving the value
of buildings and encouraging the most appropriate use of land throughout
the community.
For the purpose of this ordinance, certain words and terms as
used herein are defined as follows:
Words used in the present tense include the future; words in
the singular number include the plural, and vice versa; the word "building"
includes the word "structure"; the word "shall" is mandatory and not
directory; the term "used for" includes the meaning "designed for"
or "intended for."
2.1
Accessory building or use. A subordinate building having
a use customarily incident to and located on the lot occupied by the
main building; or a use customarily incident to the main use of the
property.
2.2
Alley. A minor way which is used primarily for vehicular
access to the back or side of properties otherwise abutting on a street.
2.3
Apartment. A suite of rooms or a room arranged and intended
as a place of residence of a single person, a single family or a group
of individuals living together as a single housekeeping unit, and
equipped for the preparation of food.
2.4
Apartment house. Same as "Dwelling, Multiple-Family."
2.4.1
Barn. A building for the storage
of farm products or feed or farm animals or farm equipment.
2.5
Basement. A story partly or wholly underground. For purposes
of height measurement, a basement shall be counted as a story where
more than one-half (1/2) of its height is above the average level
of the adjoining ground.
2.5.1
[Reserved]
2.5.2
Bed and Breakfast. A private
single-family residence offering tourist lodging services including
breakfast within rooms of the property owner's principal residence
and accessory buildings or structures served by a single water and
electrical meter.
2.6
Block. A piece or parcel of land entirely surrounded
by public highways or streets, other than alleys. In cases where the
platting is incomplete or disconnected, the building inspector shall
determine the outline of each block.
2.7
Boarding House. A building other than a hotel, motel
or an apartment hotel where, for compensation and by prearrangement
for a definite period, meals, or lodging and meals are provided for
five (5) or more persons but not exceeding twenty (20) persons.
2.7.1
Commercial Amusement. Any
enterprise whose main purpose is to provide the general public with
an amusing or entertaining activity. Commercial amusements may include
bowling alleys, dance halls, indoor shooting ranges, skating rinks,
miniature golf, and other similar enterprises. Sexually-Oriented Businesses
and Nightclubs are excluded from this definition.
2.8
Condominium. A form of ownership wherein residents own
the interior space, appliances and accessories in their individual
living units. All other elements of a condominium development (structural
systems, ground, etc.) are owned in common with other resident owners.
2.9
Council, City. The legislative and governing body of
the City of Katy or the city council.
2.10
Court. An open, unoccupied space, other than
a yard, on the same lot with the building or group of buildings and
which is bound on two (2) or more sides by such buildings or building.
2.11
Curb Level. The elevation of the established
curb in front of a building measured at the center of such front.
2.12
Depth of Rear Yard. The mean horizontal distance
between the rear line of the main building and the rear lot line.
2.13
Dwelling. A building or portion thereof, designed
exclusively for residential occupancy, including one-family, two-family
and multiple-family dwellings, but not including boarding houses,
apartment hotels, hotels, tourist courts, motels and condominiums.
2.14
Dwelling, One-Family. A detached building
arranged, intended, or designed for occupancy by one (1) family.
2.15
Dwelling, Two-Family. A building arranged,
intended or designed for occupancy by two (2) families, living independently
of each other.
2.16
Dwelling, Multiple-family. A building or a
portion thereof arranged, intended or designed to contain five (5)
or more dwelling units.
2.17
Dwelling Unit. A residential unit providing
complete, independent living facilities for one (1) family including
permanent provisions for living, sleeping, cooking, eating, and sanitation.
2.18
Family. An individual, or two (2) or more
persons related by blood, marriage or adoption, or a group or not
more than five (5) unrelated persons living together as a single housekeeping
unit in a dwelling unit on a nonprofit cost-sharing basis. The above
shall include employees working within the residence for the family.
2.18.1
Flatwork. All-weather surface
extending a maximum of four inches (4") above grade level when used
as driveways, patios and sidewalks, not including structural foundations.
2.19
Garage, Private. An accessory building primarily
uses [used] for the storage of motor vehicles.
2.20
Garage, Public. A building or portion thereof,
designed or used for the storage, sale, hiring, care or repair of
motor vehicles, which is operated for commercial purposes.
2.21
High-Rise. A building or structure whose overall
height exceeds forty-five feet (45') or three (3) stories.
2.22
Height of Buildings. The vertical distance
measured from the highest of the following three (3) levels:
a.
From
the street curb level;
b.
From
the established or mean street grade in case the curb has not been
constructed;
c.
From
the average finished ground level adjoining the building if it sets
back from the street line; to the level of the highest point of the
roof beams of flat roofs or roofs inclining not more than one (1)
inch to the foot, or to the main height level of the top of the main
plates and highest ridge for other roofs.
2.23
Hotel. A building occupied or used as a more
or less temporary abiding place of individuals or groups or individuals
who are lodged, with or without meals, and in which there are more
than twelve (12) sleeping rooms and no provision for cooking in individual
rooms.
2.23.1
Industrial, Heavy. A use engaged
in the basic processing and manufacturing of materials or products
or parts, predominantly from extracted raw materials, or storage and
manufacturing processes that potentially involve hazardous or commonly
recognized offensive conditions.
2.23.2
Industrial, Light. A use engaged
in manufacturing, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales, and distribution
of such products, but excluding basic industrial processing.
2.23.3
Industrial, Micro. A use engaged,
on a limited scale, in basic processing and/or manufacturing of materials
or products or parts, predominantly from extracted raw materials,
entirely contained within a building and not deemed to be a public
nuisance, as determined by the City Planner.
2.24
Lot. A parcel of land occupied or to be occupied
by one (1) building, or group of buildings, and the accessory buildings
or uses customarily incident thereto, including such open spaces as
are required under this ordinance, and having its principal frontage
upon a public street, alley or a place.
2.25
Lot, Corner. A lot abutting upon two (2) or
more streets at their intersection. A corner lot shall be deemed to
front on that street on which it has its least dimension, unless otherwise
specified by the building inspector.
2.26
Lot, interior. A lot whose side lines do not
abut upon any street.
2.27
Lot, through. An interior lot having frontage
on two (2) streets.
2.28
Lot lines. The lines bounding a lot as defined
herein.
2.29
Lot line, front. The boundary between a lot
and the street on which it fronts.
2.30
Lot line, rear. The boundary line which is
opposite and most distant from the street line; except that in the
case of uncertainty, the building inspector shall determine the rear
line.
2.31
Lot line, side. Any lot boundary line not
a front or rear line thereof. A side line may be a part lot line,
a line bordering on an alley or place or a side street line.
2.32
Lot depth. The mean horizontal distance from
the front street line to the rear line.
2.33
Lot width. The horizontal distance between
side lines, measured at the front building line, as established by
the minimum front yard requirement of this ordinance.
2.34
Mobile home. A movable or portable dwelling
which is constructed on a chassis, and which is designed to be towed
over Texas roads and highways under special permit, designed for yearround
occupancy, designed primarily to be used without a permanent foundation,
but which may sit on a permanent foundation, and designed to be connected
to utilities. It may consist of one (1) or more units that can be
telescoped when transported and expanded later for additional capacity,
or of two (2) or more units, separately transportable, but designed
to be joined together into one (1) integral unit. The following shall
not be included in this definition:
2.35
Nonconforming use. A nonresidential single-family
use, building or yard which does not, by reason of design, use or
dimensions, conform to the regulations of the district in which it
is situated. It is a legal nonconforming use if established prior
to the passage of this ordinance, and an illegal nonconforming use
if established after the passage of this ordinance and not otherwise
approved as provided herein.
2.36
Parking space. An area of two hundred fifty
(250) square feet minimum which shall include driveway exits and entrance
areas.
2.37
Zero lot line subdivision. (Also known as
patio home subdivision.) A development designed for small to single-family
detached dwelling units which are situated on their respective lots
so as to provide maximum usable open space for the private use of
occupants of each individual unit. Usable open space is achieved by
allowing one (1) side building line and property line to coincide
and the orientation of windows and doors toward the remaining yards.
2.38
Person. The word "person" when used in this
ordinance shall, for the purpose of this ordinance, means every natural
person, firm, partnership, association, corporation or society, and
the term "person" shall include both singular and plural, and the
masculine shall embrace the feminine gender.
2.39
Personal Service Shop. An establishment which
provides services related to grooming, appearance, care, or repair
of personal apparel; and which may sell products used or recommended
for those same purposes incidental to the services provided.
2.39.1
Place. An open, unoccupied
space other than a street or alley permanently established or dedicated
as the principal means of access to property abutting thereon.
2.39.2
through 2.39.4. Reserved for future use.
2.39.5
Recreational vehicle. Recreational
vehicle being travel trailer, pickup coach, motor home or camping
trailer that does not exceed eight feet, six inches (8'6") in width
and forty feet (40') in length.
2.39.6
Sexually Oriented Business. Sexually Oriented Business means: a sex parlor, nude studio, modeling
studio, love parlor, adult bookstore, adult movie theater, adult video
arcade, adult movie arcade, adult video store, adult motel or other
commercial enterprise the primary business of which is the offering
of a service or the selling, renting, or exhibiting of devices or
any other items intended to provide sexual stimulation or sexual gratification
to the customer.
2.40
Stable, private. An accessory building for
the keeping of horses, ponies, or mules owned by occupants of the
premises, and not kept for remuneration, hire or sale.
2.41
Stable, riding. A structure in which horses,
ponies, or mules used exclusively for pleasure riding or driving,
are housed, boarded, or kept for hire.
2.42
Story. That part of a building included between
the surface on [of] one (1) floor and the surface of the floor next
above, or if there be no floor above that part of the building which
is above the surface of the highest floor thereof. A top story attic
is a half story when the main line of the wall plates is not above
the middle of the interior height of such story. The first story is
the highest story having its interior floor not more than four (1)
[sic] feet above the curb level.
2.43
Street. A public maintained thoroughfare which
affords principal means of access to property abutting thereon and
normally consists of the road surface, ditch or curbs, and sidewalk
or parkway areas.
2.44
Street line. The dividing line between the
street and the abutting property, normally to the lot property line.
2.45
Structure. Anything constructed or erected,
which requires location on the ground, or attached to something having
a location on the ground; including, but not limited to, advertising
signs, billboards, and poster panels, but exclusive of customary fences
or boundary or retaining walls.
2.46
Structural alterations. Any change in the
supporting members of a building, such as bearing walls, columns,
beams or girders.
2.46.1
Surface, all-weather. Concrete
or asphalt.
2.47
Tourist court. A group of attached or detached
buildings which are provided primarily for transient guests; including
auto courts, motels and motor lodges.
2.48
Townhouse development. A development designed
for small-lot single- or multiple-story attached dwellings which are
situated on their respective lots so as to provide residents with
commonly owned open space and recreation areas in close proximity
to their places of residence.
2.49
Mobile home park. Any plot of ground where
accommodation is provided for two (2) or more mobile homes used as
living or sleeping quarters.
2.50
Yard. An open space between a building and
the nearest lot line, unoccupied and unobstructed by any portion of
a structure from the ground upward. In measuring a yard for the purpose
of determining the width of a side yard, the depth of a front yard
or the depth of a rear yard, the least horizontal distance between
the lot line and the main building shall be used.
2.51
Yard, front. A yard across the full width
of the lot extending from the front line of the main building to the
front line of the lot.
2.52
Yard, rear. A yard between the rear lot line
and the rear line of the main building.
2.53
Yard, side. A yard between the main building
and the adjacent side line of the lot, and extending entirely from
the front yard to the rear yard thereof.
(Ordinance 621 adopted 3/24/83; Ordinance adopted 1/14/88; Ordinance 1020 adopted 10/22/92; Ordinance
1141 adopted 7/8/96; Ordinance 1183 adopted 9/22/97; Ordinance 2158 adopted 6/11/01; Ordinance 2516 adopted 10/10/11; Ordinance 3037 adopted 5/23/2022)
For the purpose of regulating and restricting the use of land
and the erection, construction, reconstruction, alteration, or use
of buildings, structures or land, the City of Katy is hereby divided
into districts as follows:
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“R-1” Single-family residential district
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“R-2” Medium density residential district
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“R-3” Multiple-family residential district
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“C-1” Commercial district
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“C-2” General business district
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“M” Industrial district
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“PDD” Planned development district
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“MH” Mobile home district
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“OKD” “Old Katy” district
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(Ordinance 621 adopted 3/24/83; Ordinance 699 adopted 2/28/85; Ordinance
731 adopted 9/26/85; Ordinance 952 adopted 7/12/90)
4.1
Boundaries
of the districts as enumerated in section 3 of this ordinance are
hereby established and adopted on the zoning maps of the City of Katy
which are made a part of this ordinance as fully as if the same were
set forth herein in detail, and such maps shall be in triplicate,
each of which shall bear the signature of the mayor and attestation
of the city secretary for identification and authentication; one of
said triplicate originals shall be hung in the office of the secretary
of the City Planning and Zoning Commission; one other triplicate original
shall be hung in the office of the Building Inspector of the City
of Katy; and the remaining triplicate original shall be hung in the
city council chamber for the use and benefit of the public.
4.2
It shall
be the duty of the secretary of the City Planning and Zoning Commission
to keep up to date the triplicate originals on file in his/her office,
and in the office of the building inspector, and in the city council
chamber, showing all the changes, amendments or additions thereto,
and noting on such maps the ordinance number and date of passage of
each such change, amendment or addition.
4.3
When definite
distances in feet are not shown on the zoning district maps the district
boundaries are intended to be along existing street, alley or platted
lot lines, or extensions of the same, and if the exact location of
such lines is not clear, it shall be determined by the building inspector,
due consideration being given to the location as indicated by the
scale of the zoning district map.
4.4
When streets
or alleys on the ground differ from the streets or alleys as shown
on the district zoning map, the building inspector may apply the district
designations on the map to the street or alleys on the ground in such
manner as to conform to the intent and purpose of this ordinance.
4.5
Whenever
any street or alley is vacated, the particular district in which the
adjacent property lies shall be automatically extended to the centerline
of any such street or alley.
4.6
All undeveloped
territory which may hereafter be annexed to the City of Katy shall
automatically be classed as lying and being in District “R-1”
until such classification shall have been changed by an amendment
to the Zoning Ordinance as provided by law or, in the case of a preplanned
development acceptable to the City Planning and Zoning Commission
and conforming to the Comprehensive Plan for the City of Katy, appropriate
zoning classification may be applied to the annexed area after public
hearing. If required such “R-1” designation shall be changed
by act of the city council within one hundred twenty (120) days after
annexation.
5.1
Use.
No building or structure shall be erected, constructed, reconstructed
or altered, nor shall any building, structure or land be used for
any purpose except as provided herein in which such building, structure,
or land is situated except as provided herein.
5.2
Height.
No building or structure shall be erected, constructed, reconstructed
or altered to exceed the height limit herein established of the district
in which such building or structure is located.
5.3
Area.
No lot area shall be reduced or diminished so that the yards
or other open spaces shall be smaller than prescribed by this ordinance,
nor shall the density of population be increased in any manner, except
in conformity with the area regulations established herein. No parking
area, parking space or loading spaces which existed at the time this
ordinance became effective or subsequent thereto which is provided
for the purpose of complying with the provisions of this ordinance,
shall thereafter be relinquished or reduced in any manner below the
requirement established by this ordinance.
The “R-1” single-family district is the most restrictive
district. The principal use of land in this district is for low density,
single-family dwellings and related recreational, religious and educational
facilities normally required to provide the elements of a balanced,
orderly, convenient and attractive residential area. The following
regulations shall apply in all “R-1” districts:
6.1
Uses Permitted.
6.1-1
Dwellings,
one-family.
6.1-2
Public
parks and playgrounds, including public recreation or service buildings
within such parks.
6.1-3
Tool house
and construction shed to be used for construction purposes only, and
which shall be removed upon completion or abandonment of construction
work.
6.1-4
Customary
home occupations ordinarily carried on in a home that are not detrimental
or injurious to adjoining property by reason of vibration, noise,
odor, dust, smoke, gas or unsightly appearance. These may include
dressmaking, millinery, washing, ironing, the office of a physician,
dentist, surgeon, architect, lawyer, engineer, musician, or artist,
provided that such uses are located in the dwelling used by such a
person as his or her private residence, and provided that no assistant
not a member of the family residing on the premises is employed. Said
incidental use shall never be permitted as a principal use but only
as a secondary use when indispensable necessary to the enjoyment of
the premises and cannot involve the conduct of retail business. Customary
home occupations shall not include barbershops, beauty shops, carpenter
shops, electrician shops, plumbing shops, radio shops, tin shops,
auto repairing, furniture repairing, or other similar uses. No use
shall be permitted which is noxious or offensive by reason of vibration,
noise, odor, dust, smoke, gas or unsightly appearance.
6.1-5
Municipal
surface or underground or overhead water storage, water wells, and
pumping stations.
6.1-6
Churches.
6.1-7
Public
schools.
6.1-8
Reserved
for future use. [Deleted and reserved for future use by Ordinance
2158 adopted June 11, 2001.]
6.1-9
Accessory
Dwelling Unit. A dwelling unit to a principal single-family residence
for use by family members, guests or employees, working within the
residence for the family. The principal dwelling and accessory unit
shall have all utilities under single metering. Such accessory dwelling
shall be for the use and convenience of the family and shall be used
for no commercial purpose. Such accessory dwelling may have self-contained
kitchen and bath facilities. The accessory dwelling may have its own
entrance and exit to the outside.
6.1-10
Bed and
Breakfast establishments with a Special Use Permit in accordance with
Section 15 of the Zoning Ordinance.
6.2
Height and
Area Requirements.
6.2-1
Height.
The main building shall not exceed thirty-five (35) feet and
shall not exceed two and one-half (2-1/2) stories in height.
6.2-2
Minimum
Lot Size.
a.
Every single-family
dwelling hereafter erected or altered shall provide a lot area of
not less than eight thousand six hundred twenty-five (8,625) square
feet per family, except that where a lot has less area than required
and had separate ownership at the time of the passage of this ordinance,
this regulation shall not prohibit the erection of one-family dwelling.
Where a public or community sewer is not available and in use for
the disposal of all sanitary sewage, each lot shall provide not less
than ten thousand (10,000) square feet per family.
b.
Rectangular
residential lots shall have a width of at least seventy-five (75)
feet.
c.
All lots
shall have a depth of at least one hundred fifteen (115) feet, inclusive
of utility easements.
d.
Radial residential
lots shall have a minimum width of seventy (70) feet with such measurement
to be made at the building line.
e.
Corner residential
lots shall have a minimum width ten (10) feet greater than the adjacent
lot except on a major street, then they shall have a width fifteen
(15) feet greater than the width of the adjacent lot.
f.
Lots facing
a major street shall be at least ten (10) feet deeper than the average
interior lot depths facing a minor street.
g.
Each lot
shall front upon a public street. Lots of irregular shape shall have
a frontage of at least thirty-five (35) feet unless otherwise approved
by the City Planning and Zoning Commission.
6.2-3
Yard Requirements:
a.
Corner lots.
(1)
A minimum
building setback of twenty-five (25) feet shall be provided on the
front and fifteen (15) feet on the side of all corner single-family
residential lots where such lots side upon minor streets.
(2)
A minimum
building setback of thirty-five (35) feet shall be provided on the
front and twenty (20) feet on the side of all corner single-family
residential lots where such lots side upon major streets.
b.
Interior
lots.
A minimum building setback of twenty-five (25)
feet shall be provided on the front of lots facing minor streets,
thirty-five (35) feet setback on those facing major streets and seven
and one-half (7.5) feet on each side of all interior single-family
residential lots facing on minor and secondary streets.
6.2-4
Floor
Area.
Every dwelling unit hereafter erected, constructed,
reconstructed, or altered in a District “R-1” shall have
a floor area, excluding basements, open and screened porches and garages
of not less than one thousand two hundred (1,200) square feet.
6.2-5
Reserved
for future use. [Deleted and reserved for future use by Ordinance
2158 adopted June 11, 2001.]
(Ordinance 621 adopted 3/24/83; Ordinance 699 adopted 2/28/85; Ordinance
871 adopted 1/14/88; Ordinance 971 adopted 12/13/90; Ordinance 1020 adopted 10/22/92; Ordinance 1077 adopted 12/13/94; Ordinance
2158 adopted 6/11/01; Ordinance 2516 adopted 10/10/11)
Editor's note-Section 7 was deleted and reserved
for future use by Ordinance 2158 adopted June 11, 2001.
The “R-3” residential district is designed to provide
higher density residential development and provide the religious,
recreational and educational uses normally associated with residential
areas. The following regulations shall apply to all “R-3”
Districts:
8.1
Uses Permitted.
8.1-1
Any use
permitted in the foregoing “R-1” and “R-2”
Districts in accordance with requirements of each respective district.
8.1-2
Multiple-family
dwellings and apartment houses.
8.1-3
Boarding
and lodging houses.
8.1-4
Hotels
and apartment hotels.
8.1-5
Hospitals,
sanitariums or homes for convalescence or aged other than for the
insane or feeble-minded or alcoholics.
8.1-6
Schools
(private, elementary, high, college and universities)
8.1-7
Churches.
8.1-8
Libraries,
museums, art galleries.
8.1-9
Fire stations,
police stations, public administrative offices.
8.1-10
Private
clubs, fraternal orders, or civic organizations, except those whose
chief activity is carried on as a business.
8.1-11
Public
recreation buildings, community buildings, little theater groups.
8.1-12
Golf
courses (except miniature golf courses, driving ranges, and other
similar activities operated as a business).
8.1-13
Agriculture,
nurseries, and truck gardens limited to the propagation and cultivation
of plants; provided no retail or wholesale business shall be conducted
upon the premises and provided that no obnoxious fertilizer is stored
upon the premises, and no obnoxious soil or fertilizer renovation
is conducted thereon.
8.2
Regulations.
8.2-1
Height.
Same as “R-1” for single-family structures. Buildings
or structures for multiple-family dwellings shall not exceed forty-five
(45) feet.
8.2-2
Floor
Area.
Every multiple-family dwelling hereinafter erected,
constructed, reconstructed or altered in a District “R-3”
shall have a floor area, excluding common corridors, basements, open
and screened porches and garages, of not less than eight hundred (800)
square feet for each efficiency or one (1) bedroom unit, eleven hundred
(1,100) square feet for each two (2) bedroom unit, fourteen hundred
(1,400) square feet for each three (3) bedroom unit.
8.2-3
Dwelling
Unit Density.
No more than one (1) dwelling unit per
each one thousand eight hundred fifty (1,850) square feet of area
to be developed shall be constructed in an “R-3” District.
8.2-4
Common
Open Space.
There shall be a minimum of five hundred
(500) square feet of usable common open space per dwelling unit in
each development. Common open space must be usable for recreational
activities of the residents of the development. Such space shall be
assembled in contiguous areas of not less than five thousand (5,000)
square feet. Common open space shall not include streets and parking
areas.
(Ordinance 621 adopted 3/24/83; Ordinance 664 adopted 3/22/84; Ordinance
2158 adopted 6/11/01)
The "C-1," Commercial District is established to provide locations
for a range of light commercial uses, including retail, business and
service uses. This district allows shopping areas or uses which are
generally compatible near or adjacent to residential neighborhoods
and generates moderately low traffic volumes. The following regulations
shall apply:
9.1
Uses Permitted.
9.1-1
Special use permit is required for residential use in the "C-1" District
and is limited to single-family "R-1" use. No special use permit shall
be required for a single-family use or building when such building
or use was in existence on March 24, 1983, as a nonconforming use
or building and such building has not been structurally changed to
accommodate a conforming use of the zone in which the building is
located.
9.1-2
Bakery.
9.1-3
Barber and Beauty Shops.
9.1-4
Clinic (Medical or Dental).
9.1-5
Commercial Daycare, Pre-School, Childcare, Nursery.
9.1-6
Dry Cleaning Establishment, provided that only non-explosive cleaning
fluids be used.
9.1-7
Funeral Home.
9.1-8
Laundry, Laundromat, Washateria.
9.1-9
Municipal Facilities (Administrative Office, Fire Station, Police
Station, etc.).
9.1-10
Offices, Business or Professional, Including Banks.
9.1-11
Personal Service Shop.
9.1-12
Restaurant (Dine-In or Drive Thru) with a maximum gross area of 5,000
square feet.
9.1-13
Retail Sales.
9.1-14
Storage or Warehouse as an accessory use to on-site sales or retail.
No storage or warehouse use may exceed 45% of the gross area of any
single tenant or structure.
9.1-15
Studio (Art, Dance, Music, Drama, Photography, Interior Decorating).
9.1-16
Teahouses and Coffee Shops.
9.1-17
Any comparable use to those listed above, as determined by the City
Planner, provided such use is not noxious or offensive by reason of
vibration, noise, odor, dust, smoke, fumes or unsightly appearance.
9.2
Height and Area Requirements.
9.2-1
Height.
No structure or building may exceed 35 feet
in height, measured at the eave.
9.2-2
Maximum Facade Length.
No facade in the C-1 District
shall exceed 150 feet in length.
9.2-3
[1]Front Yards. The minimum front yard setback is 25 feet,
except where established buildings in this district within the same
block have front yards of less depth. Any building hereinafter constructed
shall provide a front yard a minimum depth of which shall be twenty-five
(25) feet from the street line (front property line, provided that
if forty (40) percent or more of the frontage on the same side of
a street between two (2) intersecting streets is developed with buildings
having a greater front yard depth, the average of such front yard
depth shall establish the minimum front yard depth for the entire
frontage).
[1]
Editor's Note: Renumbered to address duplicate subsection
number.
9.2-4
Side Yards.
No side yard setbacks are required except
where the property directly abuts a lot in the R-1 District, then
a side setback of 7.5 feet shall be required. Any residential use
or combined residential-commercial use in C-1 shall have a 7.5-foot
side yard.
9.2-5
Rear Yards.
The depth of a rear yard shall be at least
fifteen (15%) percent of the depth of the lot, with a maximum width
of twenty (20) feet.
9.2-6
Width of Lot.
The minimum lot width shall be fifty (50)
feet, if used exclusively for uses enumerated in R-1 District, except
as otherwise provided, in the R-1 District standards.
9.2-7
Corner Lots.
A minimum twenty-five (25) foot front yard
and side yard adjacent to streets shall be required on all corner
lots. A canopy of at least six (6) feet in height, attached to the
primary structure may be built within fifteen (15) feet of the right-of-way
so long as such construction is not supported by columns that will
obstruct the vision of vehicles driving upon adjacent streets.
9.2-8
Lot Area per Family.
8,625 square feet per family, with
the exception of nonconforming lots of record, this regulation shall
not prohibit the erection of one single-family dwelling. Where a public
sewer is not accessible, each lot shall provide not less than 10,000
square feet per family.
(Ordinance 621 adopted 3/24/83; Ordinance 671 adopted 5/24/84; Ordinance
971 adopted 12/13/90; Ordinance 1141 adopted 7/8/96; Ordinance 1183 adopted 9/22/97; Ordinance 2158 adopted 6/11/01; Ordinance 3037 adopted 5/23/2022)
The "OKD" Old Katy District is primarily intended to encourage
adaptive reuse of existing structures in the historic downtown area
of Katy. The Old Katy District includes original small lots and should
consist of pedestrian-oriented development and the regulations of
this district are designed to aid rehabilitation of existing structures
and promote infill and redevelopment. The following regulations shall
apply:
9B.1
Uses Permitted.
9B.1-1
Any use permitted in the "R-1" district granted by special use permit.
No special use permit is required for any nonconforming single-family
use if established before March 24, 1983 and has not been structurally
changed to accommodate a nonresidential use.
9B.1-2
Bed and Breakfast establishments with a Special Use Permit in accordance
with Section 15 of the Zoning Ordinance.
9B.1-3
Bakeries.
9B.1-4
Dry cleaning establishment, provided that only nonexplosive cleaning
fluids be used.
9B.1-5
Teahouses and Coffee Shops.
9B.1-6
Offices, Business or Professional, including Banks.
9B.1-7
Parking as a Primary Use, including parking garages that have a maximum height of 45 feet and meet the architectural standards listed in subsection 9B.2-3.2.
9B.1-8
Restaurants (No Drive-Thru) with a maximum gross area of 3,500 square
feet.
9B.1-9
Retail Sales.
9B.1-10
Micro-Industrial (brewery, winery, distillery, roastery) with a maximum
gross area of 3,000 square feet.
9B.1-11
Municipal Facilities (Administrative Office, Fire Station, Police
Station, etc.).
9B.1-12
Personal Service Shop.
9B.1-13
Any retail business for use of a similar character to those listed
above and not included in or excluded from any other district described
herein, provided that such use is not noxious, or offensive by reason
of vibration, noise, odor, dust, smoke or gas, or unsightly appearance.
9B.2
Exterior Building Standards.
9B.2-1
This
article applies to all nonresidential buildings constructed after
October 1, 2019.
9B.2-2
If existing building structures are expanded by 40 percent or more
of their building, or if improvements constitute at least 51 percent
of the current value of the structure as established by the most current
value established by the applicable Appraisal District, the entire
structure shall be brought into compliance with these Building Standards.
9B.2-3
Definitions - As used in these regulations, the following words,
terms, and phrases shall have the meaning ascribed to them in this
section:
9B.2-3.1
Metal buildings - Shall mean a metal structure fabricated with steel
for the internal support, and metal sheeting for the exterior or any
fabricated structure with any material for internal support but uses
metal sheeting for the exterior.
9B.2-3.2
Category "A" exterior wall finishes - Shall be applicable to nonresidential
buildings and shall mean exterior wall finishes of fiber concrete
siding (hardieplank), brick veneer, face brick, clay brick, stucco/dry-vit,
cement (tinted), stone, concrete tilt walls for parking structures
(must be designed to blend with surrounding architecture), or other
comparable masonry, or other materials of equal characteristics. The
following will not be allowed: unfired or under-fired clay, sand,
or shale brick: unfinished concrete block, lightweight concrete block,
metal panels and smooth or untextured concrete and fluorescent finishes,
wood, and glass.
9B.2-3.3
Corner lot - Shall mean a lot abutting upon two (2) or more streets
at their intersection. A corner lot shall be deemed to front on that
street on which it has its least dimension, unless otherwise specified
by the Planning Department.
9B.2-3.4
Front of a building - Shall mean the side of each building or structure
located on a lot facing a required front yard.
9B.2-3.5
Rear of a building - Shall mean the side of each building or structure
located on a lot facing a required rear yard.
9B.2-3.6
Side of a building - Shall mean the side of each building or structure
located on a lot facing a required side yard.
9B.2-4
Facade and exterior standards.
All nonresidential buildings
located in this district shall comply with the following minimum standards:
9B.2-4.1
Front
Facade - One hundred (100) percent of any exposed exterior wall forming
the front of a building, exclusive of windows, doors, roofs, or sidewalk
and walkway covers, shall be constructed to finished grade using Category
"A" exterior wall finishes. However, if the building is on a corner
lot and/or the lot abuts more than one street, each street side of
the building exterior shall meet the front wall requirements.
9B.2-4.2
Side
Facades - No less than eighty (80) percent of any exposed exterior
wall forming a side of a building, exclusive of windows, doors, roofs,
or sidewalks and walkway covers, shall be constructed to finished
grade using Category "A" exterior wall finishes.
9B.2-4.3
Rear
Facades - No less than eighty (80) percent of any exposed exterior
wall forming the rear of a building exclusive of windows, doors, roofs,
or sidewalks and walkway covers, shall be constructed to finished
grade using Category "A" exterior wall finishes.
9B.2-5
Roof mounted mechanical or other equipment - Roof mounted mechanical
or other equipment shall be screened from view so that such equipment
is not visible from the ground. All rooftop equipment on flat roofs
is to be enclosed with a parapet wall constructed at least 42" high
or as high as the equipment it is designed to screen from view, whichever
is higher. The parapet shall be constructed with building materials
that match the structure or is visually compatible with the structure.
This provision shall not apply to satellite earth station antennas,
or any communication electronic facilities protected by the Federal
Telecommunications Act of 1996 (47 USC 251 et seq.).
9B.2-6
Exterior ground mounted equipment - Exterior ground mounted equipment
including, but not limited to, mechanical equipment, utility, meter
banks and heating or cooling equipment, shall be sufficiently screened
so that no portion of said equipment is visible from an adjacent street.
The screening required by this subsection may be accomplished with
vegetative landscaping material or with a solid structure using Category
"A" exterior finishes compatible in architecture, design and color
with the building or structure the equipment serves.
9B.2-7
Architectural detailing - Use of architectural detailing that supports
the quality and character expressed by these building design guidelines
is required. The following are examples of such details:
 |
9B.3
Height and Area Requirements.
9B.3-1
Height.
Buildings shall not exceed forty (40) feet.
9B.3-2
Front Yards.
Same as District "R-1" except where established
buildings in this district within the same block have front yards
of less depth. In which case the front yard shall be a minimum of
ten (10) feet. There will be no exceptions made for less front yard
where the lot fronts on a major thoroughfare (i.e., twenty-five (25)
foot minimum).
9B.3-3
Side Yards.
No side yards required in this district.
9B.3-4
Rear Yards.
The depth of a rear yard shall be a minimum
of fifteen (15) feet from any structure. Commercial lots that have
a public alley at the rear of the property, which has not been abandoned,
shall subtract one-half the width of the alley from the calculation.
9B.3-5
Width of Lot.
A minimum width shall be no smaller than
the original lot size as set out in the Katy Townsite Map filed in
Volume 2, page 38, of the Maps Records of Harris County, Texas.
9B.3-6
Corner Lots.
A minimum of fifteen (15) foot front yards
and side yards adjacent to streets shall be required on all corner
lots.
9B.3-7
Lot Area Per Family.
Same as district "R-3."
9B.4
Off-Street Parking
For all existing and new nonresidential
uses/developments within this district, no off-street parking is required.
Any new off-street parking lots shall not be developed in front of
the principal/primary building, within any portion of the Old Katy
District boundaries.
|
EXHIBIT "A"
"OLD KATY District"
 |
|
NORTH
|
-
|
South side of George Bush Drive.
|
|
EAST
|
-
|
West side of Avenue A between the south side of George Bush
Drive and the north side of First Street.
|
|
West side of Avenue B between the north side of First Street
and the north side of the Railroad Right-of-way.
| ||
|
SOUTH
|
-
|
North side of First Street between the west side of Avenue A
and the west side of Avenue B.
|
|
North side of Railroad Right-of-way between the west side of
Avenue B and the east side of Avenue D.
| ||
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WEST
|
-
|
East side of Avenue D.
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(Ordinance 2916 adopted 8/12/19; Ordinance
3037 adopted 5/23/2022; Ordinance 3117 adopted 10/23/2023)
The "C-2," General Business District is intended predominantly
for heavy retail and commercial uses of a service nature which typically
have operating characteristics or traffic service requirements compatible
with typical retail or shopping, but generally not with residential
environments. The following regulations shall apply:
10.1
Uses Permitted.
10.1-1
Any use permitted in the "C-1" or "OKD" Districts.
10.1-2
Assembly Hall.
10.1-3
Bakery.
10.1-4
Bus Barns or Lots.
10.1-5
Carpenter, Cabinet or Pattern Shops.
10.1-6
Commercial Amusement (See Definitions).
10.1-7
Commercial Greenhouse.
10.1-8
Educational Facility (Tutoring/Vocational/Trade Only).
10.1-9
Fuel Sales.
10.1-10
Hotels.
10.1-10.1
The following requirements apply to new construction only:
(a)
Number of Rooms.
A hotel shall have at least sixty-three
(63) guest rooms.
(b)
Accessibility.
A guest room shall be accessible only
from an internal hallway and the internal hallway shall be accessible
only from a central lobby area contained within the hotel.
(c)
Minimum Height.
A hotel shall be a minimum of three
(3) stories in height.
10.1-11
Laundry, Laundromat, Washateria.
10.1-12
Machinery or Tool Sales, Rental, and Services, provided all activities
are contained within a building, and no machinery shall be displayed
outside within thirty (30) feet of the front property line.
10.1-13
Municipal Facilities (Administrative Office, Fire Station, Police
Station, etc.).
10.1-14
Personal Service Shop.
10.1-15
Produce Markets (wholesale).
10.1-16
Restaurants (Dine-In or Drive-Thru).
10.1-17
Self-Storage.
10.1-18
Storage or Warehouse as an accessory use to on-site sales or retail.
No storage or warehouse use may exceed 45% of the gross area of any
single tenant or structure.
10.1-19
Theater.
10.1-20
Vehicular Sales, Rental, Repair, or Service (No Outdoor Storage Permitted).
10.1-21
Veterinary Clinics for small animals (Indoors).
10.1-22
Wholesales and Distribution.
10.1-23
Any comparable use to those listed above, as determined by the City
Planner, provided such use is not noxious or offensive by reason of
vibration, noise, odor, dust, smoke, fumes or unsightly appearance.
10.2
Height and Area Requirements.
10.2-1
Height.
No maximum.
10.2-2
Front Yards.
The minimum front yard setback is 25 feet,
except where established buildings in this district within the same
block have front yards of less depth. Any building hereinafter constructed
shall provide a front yard a minimum depth of which shall be twenty-five
(25) feet from the street line (front property line, provided that
if forty (40) percent or more of the frontage on the same side of
a street between two (2) intersecting streets is developed with buildings
having a greater front yard depth, the average of such front yard
depth shall establish the minimum front yard depth for the entire
frontage).
10.2-3
Side Yards.
No side yard setbacks are required except
where the property directly abuts a lot in the "R-1" District, then
a side setback of 7.5 feet shall be required. Any residential use
or combined residential-commercial use in "C-2" shall have a 7.5-foot
side yard.
10.2-4
Rear Yards.
The depth of a rear yard shall be at least
fifteen percent (15%) of the depth of the lot, with a maximum width
of twenty (20) feet.".
10.2-5
Width of Lot.
The minimum lot width shall be fifty (50)
feet, if used exclusively for uses enumerated in "R-1" District, except
as otherwise provided, in the "R-1" District standards.
10.2-6
Lot Area Per Family.
8,625 square feet per family, with
the exception of nonconforming lots of record, this regulation shall
not prohibit the erection of one single-family dwelling. Where a public
sewer is not accessible, each lot shall provide not less than 10,000
square feet per family.
10.2-7
Single-family residential structures developed exclusively within
the "C-2" District shall comply with all dimensional requirements
of the "R-1" District.
(Ordinance 621 adopted 3/24/83; Ordinance 671 adopted 5/24/84; Ordinance
1141 adopted 7/8/96; Ordinance 1183 adopted 9/22/97; Ordinance 2158 adopted 6/11/01; Ordinance 2810 adopted 8/14/17; Ordinance 3037 adopted 5/23/2022)
The "M" District is designed to provide land for a wide range
of industrial uses, including research and development, manufacturing,
assembly and fabrication, warehousing and distribution and industrial
activities which typically generate more nuisances than activities
permitted in the "C-1" and "C-2" zoning districts. Permitted uses
within this district are generally not compatible with residential
uses of any density or lower intensity commercial uses. The following
regulations shall apply:
11.1
Uses Permitted.
Uses permitted in an "M" zoning district
are limited to those included in the uses set forth below, subject
to the indicated district regulations provided that such permitted
uses shall not create any danger to health or safety to occupants
of surrounding areas and do not create any offensive noise, vibration,
smoke, dust, odor, heat or glare, and by reason of high volume in
relation to size and weight of merchandise handled, create objectionable
generation of truck traffic.
11.1-2
Bulk Storage Tanks.
11.1-3
Commercial Dry Cleaning or Laundry.
11.1-4
Electric power plants.
11.1-5
Industrial, Heavy.
11.1-6
Industrial, Light.
11.1-7
Industrial, Micro.
11.1-8
Outdoor Storage of Equipment and Materials.
11.1-9
Railroad roundhouses or shops.
11.1-10
Recycling Facilities.
11.1-11
Refreshment Stands, Food Trucks, etc.
11.1-12
Restaurants (Dine-In or Drive-Thru).
11.1-13
Scientific Testing, Research Laboratory, Research & Development.
11.1-14
Smoke Shop (vape pens, CBD products, accessories, etc.).
11.1-15
Tattoo Shop.
11.1-16
Truck Stop or Freight Terminal.
11.1-17
Warehousing & Distribution.
11.1-18
Welding.
11.1-19
Sexually Oriented Businesses, meeting the requirements for Special
Use Permits set out in Section 15 of this ordinance shall be allowed
in an "M" District.
11.1-20
Any other uses not now or hereinafter prohibited by ordinance of
the City of Katy regulating nuisances, except that the following uses
will be permitted only by approval of the City Council after report
from the Health Department, Fire Department, and City Planning and
Zoning Commission:
a.
Acid manufacture.
b.
Cement, lime, gypsum or plaster of Paris manufacture.
c.
Distillation of bones.
d.
Explosive manufacture or storage.
e.
Fertilizer manufacture and storage.
f.
Gas manufacture.
g.
Ammonia, Bleaching powders, chemical plants.
h.
Hides and skins (storage, curing or tanning).
i.
Meat or fish packing or storage plant.
11.2
Height and Area Requirements.
11.2-1
Height.
No maximum.
11.2-2
Front Yards.
No front yard is required except that where
a portion of District "M" lies within the same block and fronts upon
the same streets with a portion of a District "R-1" to "C-2" inclusive
adjoining, then in such case the front yard requirements of such adjoining
District "R-1" to "C-2" inclusive shall likewise be applicable to
such portion of District "M".
11.2-3
Side Yards.
No side yard setbacks are required except
where the property directly abuts a lot in the R-1 District, then
a side setback of 7.5 feet shall be required.
11.2-4
Rear Yards.
The depth of a rear yard shall be at least
fifteen (15%) percent of the depth of the lot, with a maximum width
of twenty (20) feet.
11.2-5
Width of Lot.
No minimum.
(Ordinance 621 adopted 3/24/83; Ordinance 971 adopted 12/13/90; Ordinance
1078 adopted 12/13/94; Ordinance 1183 adopted 9/22/97; Ordinance 3037 adopted 5/23/2022)
The purpose of Planned Development District, hereinafter referred
to as PDD, is to encourage the unified design of residential, commercial,
office, professional services, retail and institutional uses and facilities
or combinations thereof in accordance with an approved comprehensive
development plan. The PDD may be a single use district or a combination
of any or all of the uses listed. This district provides for greater
flexibility in the design of buildings, yards, courts and circulation
than provided by other districts.
12.1
Uses Permitted.
12.1-1
Industrial
parks or districts.
12.1-2
Office
complexes.
12.1-3
Commercial
or service centers.
12.1-4
Shopping
centers.
12.1-5
Hotels.
12.1-6
Medical
center or hospital.
12.1-7
Recreation
center.
12.1-8
Any appropriate
combination of uses which may be planned and developed as integral
land use units by a single owner or combination of owners.
12.1-9
Single-family
residential development provided that the smallest lot shall be 12%
greater that those required in District R-1.
12.1-10
Single-family
residential development of 100 or more acres.
12.2
Height,
Floor Area, Density, Parking and Loading Standards.
The
maximum heights, lot width, lot depth, floor area, lot area, and maximum
off-street parking and loading requirements for uses proposed shall
be established for each PDD based upon the particular merits of the
development design and layout. Such standards and requirements shall
comply with or be more restrictive than the standards established
for the specified type uses in the particular districts in which they
would ordinarily be permitted under the general Zoning Ordinance.
All buildings and structures shall be set back from any peripheral
property line on street right-of-way at least twenty-five (25) feet.
12.3
Application
and Procedure.
An application for a PDD shall be made
to the City Planning and Zoning Commission in the same manner that
an application for any amendment to the Zoning Ordinance is made and
shall be processed according to the procedure in Section 23. As in
the instance of new subdivision platting, a pre-planning conference
is required as set out in Code of Ordinances Section 9.201 [10.02.001]
preparatory to the filing of the application for a PDD. The city council,
after recommendation by the City Planning and Zoning Commission and
after public hearing and proper notices to all parties affected, may
authorize the creation of a commercial PDD on sites of five (5) acres
of more and a single-family residential PDD on sites of ten (10) acres
of [or] more.
12.4
Procedure
for Establishing Standards.
In approving the development
plan and the ordinance establishing the PDD, the city council shall
after recommendation of the City Planning and Zoning Commission, specify
such maximum off-street parking and loading standards within the limits
of those specified in the districts for the specified usage involved
as is appropriate for the development. The city council shall, after
recommendation of the City Planning and Zoning Commission establish
the standards for yards, signs, building space, site coverage, access,
screening walls, landscaping, building area, open space, pedestrian
ways, public or private streets or alleys to be observed in the PDD
and such standards shall be specified in the ordinance establishing
the district.
12.5
Development
Schedule.
12.5-1
An application
for a PDD shall be filed with the City Planning and Zoning commission
and be accompanied by a development schedule indicating the approximate
date on which construction is expected to begin and the rate of anticipated
development to completion. The development schedule, if adopted and
approved by the city council, shall become part of the development
plan and shall be adhered to by the owner, developer, his successors
and assigns in interest.
12.5-2
Where
a development schedule has been required, the building inspector shall
report annually to the City Planning and Zoning Commission, the actual
development accomplished in the various PDD as compared with the development
schedule.
12.5-3
The City
Planning and Zoning Commission, if in its opinion, the owner or owners
of property are failing or have failed to meet the approved schedule,
may, with city council approval, initiate proceedings under Section
23 to amend the Zoning Map or the PDD by removing all or part of the
PDD from the Zoning District Map and placing the area involved in
another appropriate zoning district. Upon the recommendation of the
City Planning and Zoning Commission and good cause shown by the owner
and developer, the City Council may also extend the development schedule
or adopt such new development schedules as may be indicated by the
facts and conditions of the case.
12.6
Development
Plan Required.
An application for a PDD shall include
and be accompanied by a development plan which shall become a part
of the amending ordinance and shall be referenced on the Zoning District
Map. Changes in the development plan shall be considered the same
as changes in the Zoning District Map and shall be processed as required
in Section 1 [4] except that changes of detail which do not alter
the basic relationship of the proposed development to adjacent property
and which do not alter the uses permitted or increase the density,
floor area ratio, height or coverage of the site, or which do not
decrease the off-street parking ratio, or reduce the yards provided
at the boundary of the site, as indicated on the approved development
plan, may be authorized by the City Planning and Zoning Commission.
Any applicant may appeal the decision of the City Planning and Zoning
Commission to the city council for review and decision as to whether
an amendment to the PDD Ordinance shall be required.
12.7
The Development
Plan shall include:
12.7-1
A plat,
prepared by a registered surveyor or engineer, showing proposed public
or private street or alley; building sites or building lots; any area
proposed for dedication or reserved as parks or parkways; playgrounds;
utility easements; school sites; street widening, street changes,
and the points of ingress and egress from existing public streets
and defining boundaries and topography with a contour interval of
not less than two (2) feet, or spot grades where the relief is limited[.]
12.7-2
Where
multiple types of land use are proposed, a land use plan delineating
the specific areas to be devoted to various uses shall be required.
12.7-3
Where
building complexes are proposed, a site plan showing the location
of each building and the minimum distance between buildings, and between
buildings and property line, street line and/or alley line shall be
submitted. For buildings more than one (1) story in height, except
single-family and two-family residences, elevations and/or prospective
drawings may be required in order that the relationship of the buildings
to adjacent property, open spaces and to other features of the development
plan may be determined. Such drawings need only indicate the heights,
number of floors, and exposures for access, light and air.
12.7-4
Where
off-street loading is required, a plan indicating the arrangement
and provisions shall be submitted. Such a plan may be presented as
a ratio of off-street parking and off-street loading area to building
area when accompanied by a typical example indicating the feasibility
of the arrangement proposed and when the areas where the example would
be applied are dimensioned on the drawing of the entire site. Any
special traffic regulation facilities proposed or required to assure
the safe function of the circulation plan shall also be shown.
12.7-5
A designation
of the maximum building coverage of the site shall be indicated upon
the site land [plan].
12.7-6
Screening
and landscaping plans shall be required where such treatment is essential
to the proper arrangement of the development in relation to adjacent
property. Such plan shall, when required, include screening walls,
ornamental planting, playgrounds, wooded areas to be retained, lawn
and gardens, if such are determined to be necessary by the City Planning
and Zoning Commission.
12.7-7
Any or
all of the required features may be incorporated on a single drawing
if such drawing is clear and capable of evaluation by the City Planning
and Zoning Commission and interpretation by the Building Inspector.
12.7-8
Every
PDD approved under the provisions of this ordinance shall be considered
as an amendment to the Zoning Ordinance as applicable to the property
involved. In carrying out the development of a PDD, the development
conditions of the development schedule, if required, shall be complied
with. Such conditions as are specified for the development of a PDD
shall not be construed as conditions precedent to the approval of
the zoning amendment, but shall be construed as conditions precedent
to the granting of a certificate of occupancy and compliance.
12.8
Single-family residential
development of 100 or more acres.
(a)
Single-family
residential developments of 100 or more acres may be developed in
the following manner:
(1)
No
lot in the development shall be less than 55 feet in width and 100
feet in depth for a minimum of 5,500 square feet in size;
(2)
No
more than 25% of the lots in the development shall be 55 feet in width;
(3)
No
less than 25% of the lots in the development shall be a minimum of
60 feet in width and a minimum of 7,200 square feet in size.
(4)
No
less than 50% of the lots in the development shall be a minimum of
70 feet in width and a minimum of 8,600 square feet in size;
(5)
No
less than 20% of the development must be used for Open Space.
i.
Open
Space includes parks, landscape reserves, pipeline easements, trails,
linear trails, tot lots, natural open space areas, usable drill sites,
and publicly accessible detention/drainage facilities.
ii.
The
developer is required to maintain the Open Space. The developer must
state in the PDD application who will maintain the Open Space.
iii.
The Open Space will not be dedicated to the City of Katy.
(6)
Private
Street cells may be an element within the overall development however;
the entire development may not consist solely of Private Street cells.
(7)
Private
Street cells must:
i.
Have
100% of the lots meet the City of Katy Private Street Ordinance minimum
lot size requirements of 70 feet in width and a minimum of 10,000
square feet in size; or
ii.
Be
in an age-restricted area that complies with the minimum lot size
requirements of the overall development plan including the number
of lots that can be 55 feet in width and 100 feet in depth for a minimum
of 5,500 square feet in size and the number of lots in the development
that can be a minimum of 60 feet in width and a minimum of 7,200 square
feet in size; and
iii.
Comply with all other requirements of the City of Katy's Private
Street Ordinance.
(b)
Single-family
residential developments of 100 or more acres must comply with all
other City of Katy Ordinance requirements not in conflict with the
provisions set forth in 12.8(a) above.
12.9
-12.11
[Reserved]
12.12
West Ten Business Park is an integrated commercial development
combining various commercial uses with various industrial uses, as
set out in its application for the Planned Development District dated
July 29, 2009 on file in the office of the City Secretary, (The Application)
which is incorporated herein by reference for all purposes.
12.12-1
West
Ten Business Park is located on a tract of land consisting of 473
acres in the City of Katy, Fort Bend County, and Waller County, Texas,
described by metes and bounds in Exhibit A attached hereto [to Ordinance
2445] and made a part hereof.
12.12-2
West Ten Business Park shall be
designated on the official Zoning Map of the City of Katy as a Planned
Development District.
(a)
The
District shall consist of those commercial and industrial uses as
identified in The Application.
12.12-3
West Ten Business Park shall be
developed in accordance with the West Ten Business Park Construction
Schedule contained in The Application and the Utility Functions and
Services Allocation Agreement approved by the City of Katy and Developer
marked Exhibit “B,” attached hereto [to Ordinance 2445]
and made a part hereof (The Agreement). West Ten Business Park is
to be constructed in strict compliance with this Ordinance and other
developmental and construction ordinances of the City of Katy as they
exist on the date of construction. In addition, the following matters
shall be required:
(i)
Prior
to construction, a development plan for each separate phase shall
be prepared in accordance with The Application and the Agreement,
and shall contain, in addition to the matters required for development
plans set out in the Zoning Ordinance, Section 12.7, certification
that anticipated runoff shall not exceed the standard set by any flood
control authority exercising control over the development and if so,
shall set out in detail how such runoff shall be controlled.
(ii)
The
development plan shall be approved by the City Council prior to issuance
of a building or occupancy permit. The PDD approved may be subdivided
and a copy of the subdivision plat shall be filed in the Deed Records
of the county in which located. In approving the development plan
for each phase, City Council reserves the right to exercise all or
any of the rights and powers granted it under Section 12 of the Zoning
Ordinance or any other applicable ordinances.
(iii)
The development plan or amendment thereto shall be accompanied by
a title report identifying all the then-current owners of the property
and lienholders, all of whom shall be required to execute an acceptance
of the PDD or amendment and a subordination of their interests to
the PDD.
12.12-4
The
development schedule shall commence as set out herein unless changed
by ordinance. Failure to comply with the development schedule or comply
with any other portion of this Ordinance shall subject the PDD, the
Owners and Developers, to the sanctions of Section 12.5-3 of the Zoning
Ordinance.
12.13
Katy
Main Street is an integrated commercial development combining various
commercial uses, as set out in its application for the Planned Development
District on file in the office of the City Secretary, (The Application)
incorporated herein by reference for all purposes.
12.13-1
Katy
Main Street is located on a tract of land consisting of 86.78 acres
in the City of Katy, Fort Bend County, Texas, described as 86.78 acres
of land in the Jesse Thompson Survey Abstract 393 and John McKnight
Survey, A-292 Fort Bend County, Texas as described by metes and bounds
in The Application.
12.13-2
Katy Main Street shall be designated
on the official Zoning Map of the City of Katy as a Planned Development
District.
(a)
The
District shall consist of those commercial uses as identified in The
Application.
12.13-3
Katy Main Street shall be developed
in accordance with the Katy Main Street Construction Schedule contained
in The Application and the Utility Functions and Services Allocation
Agreement approved by the City of Katy and Developer marked Exhibit
“A,” attached hereto [to Ordinance 2427] and made a part
hereof (The Agreement). Katy Main Street is to be constructed in strict
compliance with this Ordinance and other developmental and construction
ordinances of the City of Katy as they exist on the date of construction.
In addition, the following matters shall be required:
(i)
Prior
to construction, a development plan for each separate phase shall
be prepared in accordance with The Application and the Agreement and
shall contain, in addition to the matters required for development
plans set out in the Zoning Ordinance, Section 12.7, certification
that anticipated runoff shall not exceed the standard set by any flood
control authority exercising control over the development and if so,
shall set out in detail how such runoff shall be controlled.
(ii)
The
development plan shall be approved by the City Council prior to issuance
of a building or occupancy permit. The PDD approved may be subdivided
and a copy of the subdivision plat shall be filed in the Deed Records
of Fort Bend County, Texas and shall remain under single ownership
or control unless this PDD is amended. In approving the development
plan for each phase, City Council reserves the right to exercise all
or any of the rights and powers granted it under Section 12 of the
Zoning Ordinance 621 or any other applicable sections or other ordinances.
(iii)
The development plan shall be accompanied by a title report or attorney's
opinion letter identifying all of the then-current owners of the property
and lienholders, all of whom shall be required to execute an acceptance
of the PDD and a subordination of their interests to the PDD.
(iv)
The
development plan shall be accompanied by a certificate signed by Developer's
engineer bearing the engineer's seal stating that the plan contains
no deviations from the Application or Utility Functions and Services
Allocation Agreement.
12.13-3.1
All Katy Main Street signs shall be constructed, displayed and
located in accordance with the signage regulations contained in Exhibit
“A” attached hereto [to Ordinance 2476] and made a part
hereof and with all City of Katy ordinances.
12.13-4
The
development schedule shall commence as set out herein unless changed
by ordinance. Failure to comply with the development schedule or comply
with any other portion of this Ordinance shall subject the PDD, the
Owners and Developers, to the sanctions of Section 12.5-3 of the Zoning
Ordinance.
12.13-5
Katy
Main Street is amended to reflect the subdivision plat approved by
the City Council on May 9th, 2011.
12.13-6
Tracts
of land within Katy Main Street may be subdivided in accordance with
the City of Katy's Subdivision Ordinance's rules, regulations and
procedures without amending the Katy Main Street PDD. The subdivision
of land provided for by this section does not authorize the subdivision
of land where the subdivision will conflict with guidelines, rules
or regulations adopted by the City Council for Katy Main Street.
12.13-7
Katy
Main Street is amended to the changes set forth in Exhibit A attached
to [Ordinance 2794] and incorporated herein for all purposes. The
revised regulations may be incorporated into the Code of Ordinances
where applicable.
Editor's note-A list of planned development districts
adopted under the provisions of this section is provided as an attachment
to this ordinance.
(Ordinance 621 adopted 3/24/83; Ordinance 971 adopted 12/13/90; Ordinance
2158 adopted 6/11/01; Ordinance 2427 adopted 4/13/09; Ordinance 2445 adopted 8/24/09; Ordinance 2476 adopted 7/12/10; Ordinance
2497 adopted 5/9/11; Ordinance 2545 adopted 9/24/12; Ordinance 2794 adopted 3/27/17)
The “MH” mobile home district is for low density,
single-family occupancy of mobile homes and related personal services
allowing for open space within the area and separation from areas
with permanent construction.
13.1
Uses Permitted.
13.1-1
Single-family
occupation of a mobile home.
13.1-2
Community
or recreational building for use by residents within district.
13.1-3
Mobile
home park management offices.
13.1-4
Laundry
service facilities for persons living within a mobile home park.
13.1-5
Commercial
sale of mobile homes which are located on a mobile home stand within
a mobile home park and connected to all utilities.
13.2
Regulations.
13.2-1
The minimum
number of mobile home spaces contained in any mobile home park shall
be twenty (20).
13.2-2
The average
density of mobile homes in the mobile home park shall not exceed eight
(8) per gross acre.
13.2-3
The mobile
home park shall have direct access to a street having a dedicated
and accepted right-of-way not less than sixty (60) feet.
13.2-4
An internal
street shall be provided to each mobile home space. Each internal
street shall be paved to a width of not less than thirty (30) feet.
The internal streets shall be continuous and connect with other internal
streets or with public streets, or shall be provided with a paved
cul-de-sac having a diameter of eighty (80) feet. No internal street
ending in a cul-de-sac shall exceed four hundred (400) feet in length.
13.2-5
Each
mobile home space shall have no less than two (2) off-street parking
spaces at the mobile home stand and one (1) per stand elsewhere within
the mobile home park.
13.2-6
Every
mobile home shall be separated from every other mobile home, building
or structure by at least fifteen (15) feet provided that an accessory
building which has a horizontal area exceeding twenty-five (25) square
feet and has an opaque top or roof that is higher than the nearest
mobile home window may be attached to or located within twenty (20)
feet of the mobile home of which it is an accessory.
13.2-7
Every
mobile home shall be located at least twenty-five (25) feet from the
property lines of the mobile home park which abut a public street
or highway, except that the front line of any porch may be located
fifteen (15) feet from the street or highway. Every mobile home shall
set back at least fifteen (15) feet from the other mobile home park
property lines.
13.2-8
The minimum
distance between mobile homes and the pavement of a mobile home park
street, common parking area, or other common area at any point shall
be ten (10) feet.
13.2-9
A solid
wall or a solid fence at least six (6) feet high shall be erected
and thereafter properly maintained along all boundaries of the mobile
home park.
13.2-10
The
height of the mobile home chassis above the ground elevation, measured
at ninety (90) degrees to the frame, shall not exceed three (3) feet
at the low end.
13.2-11
Not
less than five (5) percent of the gross area of the mobile home park
shall be designated common area for recreational use. Streets, parking
area, and areas used for service facilities shall not be counted as
common recreational area. No single outdoor recreational area shall
contain less than two thousand five hundred (2,500) square feet.
13.2-12
Every
mobile home stand shall:
a.
Be connected
to a common system of walks by a paved walkway no less than two (2)
feet wide, a paved parking space, a paved driveway, or any combination
thereof, or
b.
Be connected
to a paved street by a paved walkway not less than two (2) feet wide,
a paved parking space, a paved driveway, or any combination thereof[.]
c.
Each mobile
home stand (space) shall be at least fifty (50) feet wide and one
hundred (100) feet long. Lots fronting on cul-de-sacs shall contain
not less than five thousand five hundred (5,500) square feet and may
not conform to the fifty (50) feet by one hundred (100) feet configuration.
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[13.2-13]
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One (1) HUD-Code Manufactured Home is permitted within the boundaries
of a Municipal Utility District located within any zoned or unzoned
area within the City of Katy for a period not to exceed 12 months
in connection with the holding of an election to confirm the creation
of a Municipal Utility District.
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13.3
No mobile
home or HUD-Code manufactured home, as defined in Tx. Civ. St. Art.
5221f shall be placed or occupied in an “R-1,” “R-2,”
“R-3,” “C-1,” “C-2,” or “M”
District and no travel trailer, camper or recreational vehicle shall
be occupied, temporarily or permanently, in an “R-1,”
“R-2,” “R-3,” “C-1,” “C-2,”
or “M” District.
13.4
All mobile
home uses must comply with City of Katy ordinances as they now exist
or may hereafter be adopted or amended, and in the event of conflict
with this Section 13, the terms of Section 13 shall prevail.
(Ordinance 621 adopted 3/24/83; Ordinance 2178 adopted 3/25/02; Ord
2849 adopted 5/14/18)
The purpose of the Master Planned Community District, hereinafter
referred to as MPC, is to encourage the unified design of large primarily
residential communities consisting of eight hundred (800) acres or
more a portion of which may be located outside the City in accordance
with an approved comprehensive development plan. This district provides
for greater flexibility in lot sizes, street widths circulation and
overall design and layout of the area than provided by other districts.
14.1
Uses Permitted.
14.1-1
Dwellings,
one family.
14.1-2
Customary
home occupations ordinarily carried on in a home that are not detrimental
or injurious to adjoining property by reason of vibration, noise,
odor, dust, smoke, gas or unsightly appearance. These may include
dressmaking, millinery, washing, ironing, the office of a physician,
dentist, surgeon, architect, lawyer, engineer, musician, or artist,
provided that such uses are located in the dwelling used by such a
person as his or her private residence, and provided that no assistant
not a member of the family residing on the premises is employed. Said
incidental use shall never be permitted as a principal use but only
as a secondary use when indispensable necessary [sic] to the enjoyment
of the premises and cannot involve the conduct of retail business.
Customary home occupations shall not include barbershops, beauty shops,
carpenter shops, electrician shops, plumbing shops, radio shops, tin
shops, auto repairing, furniture repairing, or other similar uses.
No use shall be permitted which is noxious or offensive by reason
of vibration, noise, odor, dust, smoke, gas or unsightly appearance.
14.1-3
Public
parks and playgrounds, including public recreation or service buildings
within such parks.
14.1-4
Churches.
14.1-5
Schools
(private, elementary, high, college and universities).
14.1-6
Public
recreation buildings, community buildings, theater groups.
14.1-7
Libraries,
museums, art galleries.
14.1-8
Child
care, adult care, memory care, and nursing home facilities.
14.1-9
Fire
stations, police stations, public administrative offices.
14.1-10
Municipal
surface or underground or overhead water storage, water wells, and
pumping stations.
14.1-11
Restaurants,
cafes or cafeterias who service includes the sale of alcoholic beverages
by the drink, provided such uses are in compliance with the distance
requirements from other uses provided for by state law or City ordinance.
14.2
[Reserved.]
14.3
Development
of Master Planned Community (MPC).
14.3-1
A MPC
may be developed in accordance with the Master Planned Community Development
Standards adopted by the Katy City Council. A copy of the Master Planned
Community Development Standards will be available in the City Secretary's
office.
14.3-2
A MPC
must comply with all applicable development standards set forth in
the Master Planned Community Development Standards adopted by the
Katy City Council.
14.3-4
A copy of the Master Planned Community
Development Standards is attached to Ordinance 2599 and incorporated
herein as though each and every word were set forth in this ordinance.
14.3-4-1
Signs
located within the Cane Island Master Planned Community must comply
with the sign guidelines adopted by the City Council for the Cane
Island Master Planned Community [attached to Ordinance 2765].
14.4
Application.
14.4-1
An application
for a MPC shall be made to the City Planning and Zoning Commission
in the same manner that an application for any amendment to the Zoning
Ordinance is made and shall be processed according to the procedure
in Section 23 of the City of Katy's Zoning Ordinance. As in the instance
of subdivision platting, a pre-planning conference is required as
set out in Code of Ordinances Section 9.201 [10.02.001] preparatory
to the filing of the application for a MPC. The City Council, after
recommendation by the City Planning and Zoning Commission and after
public hearing and proper notices to all parties affected, may authorize
the creation of a MPC on sites for a community of eight hundred (800)
acres or more a portion of which may be located outside the City.
14.5
Development
Schedule and Plan.
14.5-1
An application
for a MPC shall be filed with the City Planning and Zoning Commission
and be accompanied by a development schedule indicating the approximate
date on which construction is expected to begin and a rate of anticipated
development to completion. The development schedule if adopted and
approved by the City Council shall become part of the development
plan and may be updated on an annual basis.
14.5-2
The building
inspector shall report annually to the City Planning and Zoning Commission,
the actual development accomplished in the MPC as compared with the
development schedule.
14.5-3
The City
Planning and Zoning Commission, if in its opinion, the owner or owners
of property are failing or have failed to meet the approved schedule,
may, with City Council approval, initiate proceedings under Section
23 of the City of Katy's Zoning Ordinance to amend the Zoning Map
or the MPC by removing all or part of the MPC from the Zoning District
Map and placing the area involved in another appropriate zoning district.
The property, or a portion of the property, may not be rezoned or
placed in another zoning category if the actual development of the
property meets or exceeds the rate of anticipated development submitted
by the developer pursuant to Section 14.5-1. Upon the recommendation
of the City Planning and Zoning Commission and good cause shown by
the owner and developer, the City Council may also extend the development
schedule or adopt such new development schedules as may be indicated
by the facts and conditions of the case.
14.5-4
An application
for a MPC shall include and be accompanied by a Development Plan which
shall become a part of the amending ordinance and shall be referenced
on the Zoning District Map. Changes in the Development Plan shall
be considered the same as changes in the Zoning District Map and must
be approved by City Council. However, changes of detail which do not
alter the basic relationship of the proposed development to adjacent
property and which do not alter the uses permitted or increase the
density, floor area ratio, height or coverage of the site, or which
do not decrease the off-street parking ratio, or reduce the yards
provided at the boundary of the site, as indicated on the approved
development plan, may be authorized by the City Planning and Zoning
Commission. Also, the platting or replatting of lots in accordance
with the Master Planned Community Development Standards shall not
be considered an amendment to the City of Katy Zoning Ordinance and
may be processed in accordance with the City of Katy's Subdivision
Ordinance. The platting or replatting of lots in accordance with the
Master Planned Community Development Standards will be considered
an amendment to the Master Plan Community Development Plan. Any applicant
may appeal the decision of the City Planning and Zoning Commission
to the City Council for review and decision as to whether an amendment
to the MPC Ordinance shall be required.
14.5-5
The Development Plan shall include the
following:
14.5-5.1
A
plat or land plan, prepared by a registered surveyor or engineer,
showing proposed major through fares, residential pods; any area proposed
for dedication or reserved as parks or parkways; playgrounds; fire
station sites; police station sites; water well sites; school sites;
and the points of ingress and egress from existing public streets
and defining boundaries and topography with a contour interval of
not less than two (2) feet, or spot grades where the relief is limited.
14.5-5.2
A
statement on the plat or land plan that all residences will be constructed
in accordance with the residential construction material standards
set forth in the Master Planned Community Development Standards adopted
by the Katy City Council[.]
14.5-5.3
Where
multiple types of land use are proposed, a land use plan delineating
the specific areas to be devoted to various uses shall be required.
14.5-5.4
Where
building complexes, except for single-family residences, are proposed,
a site plan showing the location of each building and the minimum
distance between buildings, and between buildings and property line,
street line and/or alley line shall be submitted. For buildings more
than one (1) story in height, except single-family residences, elevations
and/or prospective drawings may be required in order that the relationship
of the buildings to adjacent property, open spaces and to other features
of the development plan may be determined. Such drawings need only
indicate the heights, number of floors, and exposures for access,
light and air.
14.5-5.5
Where
off-street loading is required, a plan indicating the arrangement
and provisions shall be submitted, except for single-family residences.
Such a plan may be presented as a ratio of off-street parking and
off-street loading area to building area when accompanied by a typical
example indicating the feasibility of the arrangement proposed and
when the areas where the example would be applied are dimensioned
on the drawing of the entire site. Any special traffic regulation
facilities proposed or required to assure the safe function of the
circulation plan shall also be shown.
14.5-5.6
A
designation of the maximum building coverage of the site shall be
indicated upon the land site, except for single-family residences.
14.5-5.7
Screening
and landscaping plans shall be required, except for single-family
residences, where such treatment is essential to the proper arrangement
of the development in relation to adjacent property. Such plan shall,
when required, include screening walls, ornamental planting, playgrounds,
wooded areas to be retained, lawn and gardens, if such are determined
to be necessary by the City Planning and Zoning Commission.
14.5-5.8
Any
or all of the required features may be incorporated on a single drawing
if such drawing is clear and capable of evaluation by the City Planning
and Zoning Commission and interpretation by the Building Inspector.
14.5-5.9
Every
MPC approved under the provisions of this ordinance shall be considered
as an amendment to the Zoning Ordinance as applicable to the property
involved. In carrying out the development of a MPC, the development
conditions of the development schedule, if required, shall be complied
with. Such conditions as are specified for the development of a MPC
shall not be construed as conditions precedent to the approval of
the zoning amendment, but shall be construed as conditions precedent
to the granting of a certificate of occupancy and compliance.
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Editor's note-Prior to the adoption of Ordinance
2599, section 14, pertaining to “RR” Railroad District,
was repealed by Ordinance 699 adopted February 28, 1985.
|
(Ordinance 2599, sec. I, adopted 11/11/13; Ordinance 2655 adopted 8/25/14; Ordinance
2765 adopted 9/26/16)
15.1
General
Conditions.
15.1-1
A special
use permit may be granted by the city council for the construction
of a building and/or the establishment of a use as described in this
section, upon a tract of land in single ownership or under unified
control.
15.1-2
Upon
application for a special use permit and submission of a development
plan and construction schedule, the City Planning and Zoning Commission
shall conduct a public hearing, duly advertised and with proper notice
being given to all parties affected, as provided herein. Said development
or site plan shall be drawn to scale and shall show the arrangement
of the project in detail, including parking facilities, location of
buildings, building uses to be permitted, means of ingress and egress
and other pertinent information.
15.1-3
After
public hearing and upon recommendation of the City Planning and Zoning
Commission the city council may modify the final development plan
and issue a special permit containing such requirement safeguards
as are necessary to protect adjoining property. Said requirements
and safeguards may include, but shall not be restricted to, the paving
of streets, alleys, and sidewalks, means of ingress and egress to
the public streets, provisions for drainage, parking space and street
layouts, protective screening and open spaces.
15.1-4
Failure
to begin construction within one (1) year after issuance or as scheduled
under the terms of a special permit shall void the permit as approved,
except upon an extension of time granted after application to the
Zoning Board of Adjustment. If construction is terminated after the
completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special permit
may be rescinded by the city council, and the previous zoning of the
entire tract shall be in full effect on the portion which is undeveloped.
15.1-5
Every
special permit granted as provided herein shall be considered as an
amendment to the Zoning Ordinance as applicable to such property.
Conditions which may have been imposed by deed restrictions may be
enforced before a certificate of occupancy may be issued by the building
inspector for the use of the buildings on such property.
15.2
Special
Permit Uses and Special Districts.
15.2-1
Single-Family
Residential use in districts where such use is allowed by special
use permit.
15.2-2
Any use
of public buildings to be erected or used by the city, county, state
or federal government in any district.
15.2-3
Public
elementary, junior high and high schools in any district not specifically
permitted herein.
15.2-4
Private
schools, day nurseries, kindergartens, dancing schools, drama schools,
etc., in any district not specifically permitted herein.
15.2-5
Institutions
of a religious, educational or philanthropic nature in any district
not specifically permitted herein.
15.2-6
Private
clubs and community buildings on a site of one (1) acre or more in
any district not specifically permitted herein.
15.2-7
Municipal
water supply reservoirs, filter beds and filtration plants in any
district not specifically permitted herein.
15.2-8
Hospital,
dental and medical offices, clinics, children's homes, convalescent
homes/homes for the aged, or maternity homes in any district not specifically
permitted herein.
15.2-9
Temporary
commercial amusement enterprises such as circuses, driving ranges,
miniature golf courses, and rodeos in any district not specifically
permitted herein.
15.2-10
Wireless telecommunications facilities
includes personal wireless services, commercial mobile service, commercial
radio broadcasting tower, television towers and buildings, equipment,
transmission/receiving equipment mounted on a tower and other necessary
ancillary structures of telecommunications providers. “Tower”
is defined as any structure designed and constructed primarily for
the purpose of supporting one or more antennas for telephone, radio
and similar communication purposes, including self-supporting lattice
towers, guyed towers or monopole towers and includes radio and television
transmission towers, microwave towers, common carrier-towers, cellular
telephone towers, and alternative tower structures. “Telecommunications
Facilities” as used herein applies only to those facilities
using wireless technology but does not apply to wireless devices attached
to public utility poles fifty (50’) feet or less in height with
approval of the pole owner and under an approval agreement with the
City of Katy.
No special use permit for a telecommunications facility shall
be approved if:
1.
the proposed
facility would affect the residential integrity of adjacent or area
neighborhoods including areas adjoining the Old Katy District;
2.
the proposed
facility would create a visual blight;
3.
the proposed
facility would create noise or light pollution;
4.
the proposed
facility would create a nuisance to adjacent or area properties;
5.
the applicant
is unable to establish that it cannot provide service to the city
from other available location or facilities;
6.
the proposed
facility would fail to utilize state-of-the-art technology to achieve
the above objectives;
7.
the proposed
facility would fail to comply with all safety standards promulgated
by the Federal Communications Commission or other agency having jurisdiction
over the facility; or
8.
the center
of the base of the proposed tower is located inside or within 1,500
feet of an R-1, R-2 or R-3 district, or the Old Katy District, or
within 1,500 feet of a structure used for residential purposes.
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Each applicant seeking a special use permit for construction
of a new telecommunications facility or modification of a telecommunications
facility requiring an increase in the height of a tower for which
a special use permit has already been granted shall provide a site
plan showing:
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1.
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the dimensions of the site (“Site” is defined as
the amount of property required by the applicant to contain the wireless
telecommunications facilities) and the dimensions of the property
out of which the site is taken;
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2.
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the name and address of the owner of the site. If the site is
being utilized under lease, the application shall show the name of
the owner and all lienholders. The owner of the site and all lienholders
shall sign the application;
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3.
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the center of the base of the tower set back from the edge of
the site a distance equal to one hundred and ten percent (110%) of
the height of the tower from the site boundary line;
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4.
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that all guys and accessory buildings meet all minimum zoning
setback requirements;
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5.
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that an 8-foot-high security fence with no opening larger than
four inches shall fence the site;
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6.
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that all gates for ingress and egress will be provided with
automatic closing and locking devices and assurances that the gates
will be closed at all times except when opened for maintenance or
servicing purposes; and
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7.
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that the site boundary will be landscaped with evergreen shrubs
capable of growing to a minimum height of five feet with one shrub
planted for each four linear feet of screening fence.
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No special use permit is required for addition of an antenna
array or equipment to an existing tower or construction of any ancillary
building to an existing site. Such exemption does not eliminate the
necessity of obtaining any other required building permit.
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Each tower for which a special use permit is sought shall be
designed, engineered and constructed to accommodate the placement
of a minimum of three (3) antenna arrays. This ordinance in no way
limits the number of antenna array above three (3) or the amount or
kind of equipment placed on a tower necessary to accommodate such
antenna.
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Each applicant for a Special Use Permit filed under this section
shall submit with the application, proof of compliance with other
provisions of the City of Katy Code of Ordinances and any other City
of Katy standards established or hereafter promulgated by the City
of Katy, state or federal law or agency rule applicable thereto.
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If any of the requirements and conditions described in this
Section 15.2-10 are found to be in conflict with any other provision
of Section 15 of the City of Katy Code of Ordinances, then the provisions
of this section shall be deemed controlling.
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15.2-11
Motels
and tourist courts in Districts “C-1” and “C-2”.
15.2-12
Drive-in
theaters in any “C-2” or “M” District on sites
of ten (10) acres or more.
15.2-13
Drive-in
restaurants, refreshment stands, etc., where persons are served in
their automobiles, in any commercial district.
15.2-14
Dog
kennels and veterinary hospitals in any “C-1”[,] “C-2”
or “M” District.
15.2-15
Auto
wrecking yards and junkyards, in an “M” District, if enclosed
within a solid fence or screen, at least six (6) feet high.
15.2-16
Residential
facilities for housing a night watchman on commercial nonresidential
property within a “C-2” or “M” district under
the following conditions:
Housing must be constructed within any industrial plant or on
unimproved tracts of sixty (60) acres or more. Such plant site or
acreage tract is hereinafter referred to as the premises.
The housing use is limited to one full-time paid employee, a
spouse and children, if married, when such occupancy is determined
to be part of the consideration paid by the employer to the employee.
The unimproved tract must be used in some manner in connection with
employer's business. No other persons shall be allowed to remain in
the facility except for guests remaining no more than one night. The
facility may not be rented to any person or persons. All utilities
must be in the employer's name.
The housing may be included within the construction of the plant
built in conformity with all building code requirements, or the employer
may place one and one only, employer-owned, HUD-code manufactured
home (“the facility”) on the premises to be occupied by
the employee. Such HUD-code manufactured home must be placed on a
concrete pad, anchored and skirted and may not have more than one
accessory building. Such accessory building shall be for purposes
of housing any vehicle operated by the employee and storing employee's
belongings. No open outside storage shall be permitted at the facility.
No accessory building may be constructed to house employer's and employee's
property together. Such storage shall be separate except for an enclosed
portion of a main building constructed as part of a commercial facility.
Vehicles, except for employee's vehicle or vehicles titled in the
employer or vehicles of other employees, invitees or guests on premises
during normal business hours for less than twenty-four (24) hours,
operable or inoperable, shall not be stored on the property.
Such HUD-code manufactured home, whether within a plant or on
unimproved acreage, shall not be located within one thousand feet
(1,000’) of the nearest single-family residence located within
an R-1 district. If located within a commercial plant, the facility
must be attached to the sanitary sewer system created for the plant.
If located on unimproved land and the facility is within three hundred
feet (300’) of a sanitary sewer line, it must be attached to
said sewer line. If septic system is required, it must be installed
in accordance with all city, county and state standards, statutes
and ordinances. No outhouses or “port-a-can” type facilities
shall be allowed.
The application for Special Use Permit must contain a plan detailing
the location of the facility accompanied with a statement showing
clearly that all of the requirements of this section have been met
and the name of the person who will be occupying the facility. The
owner to whom the Special Use Permit is issued must notify the building
inspector within five (5) days of any change in occupancy of the facility.
If the building inspector shall determine this section has been violated,
the permit shall be revoked, and the holder of the permit shall cause
the facility to be vacated. In the event the Special Use Permit is
revoked, the holder shall, within fifteen (15) days after notice of
revocation, appeal such decision to the board of adjustment. The board
of adjustment shall either sustain the revocation or reinstate the
Special Use Permit under the same conditions or may impose additional
terms and conditions. The Special Use Permit granted under this provision
must be renewed annually by submitting a statement to the building
inspector stating under oath that the facility is still necessary
and that it remains occupied by a full-time paid employee of the holder.
Such affidavit shall be filed no sooner than ten (10) days before
each anniversary date of the granting of the Special Use Permit. The
building inspector may deny the renewal of the Special Use Permit
if the building inspector determines that the terms of the permit
are being violated.
Additional requirements for approval or renewal of a Special
Use Permit may be recommended by the City Planning and Zoning Commission.
Such additional requirements and other requirements deemed necessary
by city council may be imposed by the city council.
15.2-17
Sexually
Oriented Businesses shall be allowed only in C-2 and M Districts,
provided, however, a sexually oriented business shall not be located
closer than 1,500 feet to a church, public or private school, licensed
day school or nursery, hospital, clinic, or any area designated by
the City of Katy Zoning Ordinance as R-1, R-2, R-3 or C-1, any public
building, public park, dwelling, or within 1,000 feet of another sexually
oriented business. The applicant for a special use permit for a Sexually
Oriented Business must present a survey prepared by a licensed professional
engineer verifying compliance. Any special use permit issued for a
Sexually Oriented Business may be revoked if at a later date it is
shown that at the time of the permit application the business was
closer than 1,500 feet to a church, public or private school, licensed
day school or nursery, hospital, clinic, or any area designated by
the City of Katy Zoning Ordinance as R-1, R-2, R-3 or C-1, any public
building, public park, dwelling, or within 1,000 feet of another Sexually
Oriented Business. Any person applying for a Special Use Permit for
a Sexually Oriented Business must show that at the time of the application
the applicant has also filed for a license to operate a Sexually Oriented
Business in the City of Katy. The City of Katy may revoke the Special
Use Permit upon a showing that the Licensed Owner of the Sexually
Oriented Business has been convicted of [on] two or more occasions
in any 12-month period of any violation of his license or the ordinances
regulating Sexually Oriented Businesses. The special use permit issued
is nontransferable and shall be revoked if the applicant is no longer
the owner of the business. If the owner desires to transfer the Special
Use Permit to a corporation or other entity in which he owns 100%
of the shares or interest in the business entity, the owner may make
application to the CPZ, provided the new entity has also applied for
a license to operate the business. The transfer of all or any part
of the entity or the death of the owner shall be grounds for the City
to terminate the Special Use Permit. Sexually Oriented Businesses
in operation on the date of adoption of this provision shall obtain
a Special Use Permit for the Sexually Oriented Business within 3 years
after the date of adoption.
15.2-18
Bed and Breakfast use in R-1 Single-Family
and Old Katy “OKD” Districts. Bed and Breakfast establishments
shall be subject to the following limitations in addition to the conditions
set forth in the Zoning ordinance:
1.
One parking
space per bedroom;
2.
Food service
shall be limited to overnight guests of the bed and breakfast establishment
and may or may not be prepared on-site;
3.
A permanent,
wired smoke alarm system meeting all City codes must be installed
and operating;
4.
Cooking
and cooking facilities prohibited in guest rooms;
5.
Length
of stay is limited to not more than 29 consecutive days;
6.
Owner must
provide City with a copy of sales tax and/or hotel motel tax certificate
from State Comptroller;
7.
The residential
character of the lot and the dwelling shall be maintained. Neither
the interior nor the exterior of the dwelling shall be structurally
altered so as to require compliance with nonresidential construction
codes to accommodate the Bed and Breakfast;
8.
No equipment
or materials associated with the Bed and Breakfast shall be displayed
or stored where visible from anywhere off the premises;
9.
No vehicle
that requires a commercial driver's license to operate shall be parked
on the premises or on any adjacent street;
10.
The Bed
and Breakfast shall not be advertised in a “R-1” Single-Family
District by any sign(s) on the premises, including business sign(s)
on vehicles; and
11.
Deliveries
from commercial suppliers may not be made more than once a week and
may not restrict traffic circulation.
15.3
Conditions
for Approval.
A Special
Use Permit shall be issued only if all of the following conditions
have been found:
a.
That the
specific use will be compatible with and not injurious to the use
and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity.
b.
That the
establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
c.
That adequate
utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided;
d.
The design,
location and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments;
e.
That adequate
nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise and vibration;
f.
That directional
lighting will be provided so as not to disturb or adversely affect
neighboring properties;
g.
That there
is sufficient landscaping and screening to insure harmony and compatibility
with adjacent property; and
h.
That the
proposed use is in accordance with the comprehensive plan.
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The city council may impose additional reasonable conditions
necessary to protect the public interest and welfare of the community.
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15.4
Amendments.
The procedure for amendment of a Special Use Permit shall be
the same as for a new application.
15.5
Processing
fee.
The following
fees shall be payable by applicants at the time application is made
for a special use permit; amended special use permit; renewal of special
use permit; staff review:
(3)
Request
for staff review.
(A)
$200.00
any review of the application beyond the initial review by city personnel
either prior to filing or after filing for each review requested;
(B)
$50.00
for a review of application made by the owner occupied structure/use
made the basis of the SUP.
Editor's note-A list of special use permits adopted
under the provisions of this section is provided as an attachment
to this ordinance.
(Ordinance 621 adopted 3/24/83; Ordinance 971 adopted 12/13/90; Ordinance
1078 adopted 12/13/94; Ordinance 1183 adopted 9/22/97; Ordinance 2136 adopted 1/22/01; Ordinance 2158 adopted 6/11/01; Ordinance
2516 adopted 10/10/11; Ordinance 3001 adopted 9/27/21)
16.1
General
Provisions.
16.1-1
No tent,
boxcar, shack or other structure shall be constructed, erected or
moved in or onto any location in the City of Katy, if such tent, boxcar,
shack or other structure does not conform with the sanitary, health,
and building regulations of such location and is not in keeping with
the average value and construction of established property in any
such location. This section shall not apply to those temporary buildings
used in connection with a construction project; provided that such
buildings shall be removed within thirty (30) days after occupancy
of the permanent building being constructed.
16.1-2
[Repealed
by Ordinance 906 adopted November 10, 1988.]
16.1-3
Temporary
real estate sales offices, whether portable or nonportable, shall
be permitted in the “R” District upon issuance of a permit
by the building inspector for a period not to exceed eighteen (18)
months. Extensions of time for the purposes of such use shall be allowed
only by action of the city council.
16.1-4
A permanent
sight-obscuring fence of masonry and/or solid wood (weather-resistant
redwood, cedar or equal), not less than six (6) feet in height, shall
be erected prior to the beginning of any other construction on commercial
property that abuts an “R-1” or “R-2” District.
Said screening fence shall be erected along the entire length of the
common line between such commercial property and the abutting residential
property, and it shall be permanently and adequately maintained by
the commercial property owner. For purposes of this section only,
sight-obscuring is defined as a fence that prohibits the passage of
light through the fence.
16.1-5
a.
On any lot
on which a front yard is required by this section, no wall, fence,
or other structure shall be erected and no hedge, tree, shrub or other
growth or structure of any kind shall be maintained in such location
within such required front yard so as to obstruct the view. Any such
fence, wall, hedge or screen planting higher than a baseline extending
from a point two and one-half (2-1/2) feet above wall grade, at the
walk to a point four and one-half (4-1/2) feet above wall grade at
the depth of the front yard required is considered an obstruction
to view, except single trees having a single trunk.
b.
The provisions
prohibiting the construction of fences, as set out in paragraph a,
shall not apply to lots of one acre or more in size, where, at the
time a fence is constructed, there is no structure, not including
flat work, located closer than 50 feet to a structure, not including
flat work, located on an adjoining tract of land. On such a lot, a
non-sight-obscuring fence no higher than 6.0 feet above grade along
the property line where the fence is to be located may be placed along
the front and side property lines. Notwithstanding the foregoing,
no fence of any height shall be placed within a visibility triangle
formed on lots bordering two or more streets, where such streets intersect
so as to form a corner. The visibility triangle shall have as its
sides the right-of-way lines of the intersecting streets extending
away from the point of intersection of the two right-of-way lines,
a distance of 25 feet to a point, with a straight line connecting
the two points to form the third side of the triangle.
c.
For purposes
of this section only, a non-sight-obscuring fence is defined as a
fence, no portion of which, between any two fence posts or between
two corners, is higher than 6.0 feet above the ground and constructed
of either (i) chain-link mesh woven of metal wire, or (ii) woven fence
made of wire or other material, or (iii) wooden, plastic or other
similar material, rail fencing, either attached vertically or horizontally
between the fence posts, or (iv) single or double strand smooth wire,
which blocks no more than 50% of the light that would otherwise pass
through the area between the fence posts or corners.
16.1-6
No lot,
tract, or area located in an “R” District, upon which
are existing dwellings or other buildings, shall be changed to other
districts until said dwellings or other buildings have been demolished
or reconstructed to meet construction standards, except upon application
for a special permit, as provided herein.
16.1-7
No building,
structure, parking lot, facility or improvement of any kind shall
be placed on any property located within twenty-five (25) feet of
the centerline of the main line of any railroad, including the MKT
main line track, within the City of Katy.
16.1-8
At all
intersections of the main line of any railroad company, including
the MRT [MKT] line through the City of Katy (hereinafter referred
to as the Main Line) and any public or private street (hereinafter
referred to as the street), no building, structure, parking area facility
or improvement of any kind shall be built within the boundaries of
a triangle (hereinafter referred to as a “visibility triangle”)
described as a right triangle, the hypotenuse of which is one hundred
fifty (150) feet long lying perpendicular to the centerline of the
Main Line, with the center of said hypotenuse located at the intersection
of the Main Line centerline and right-of-way of the street. The right
angle of the visibility triangle shall rest on the centerline of the
Main Line at a point seventy-five (75) feet from the intersection
of the Main Line and the street right-of-way, as shown below. Visibility
triangles shall be imposed on either side of the street as it crosses
the Main Line, with the right angle of the triangle located on either
side so that a line drawn from the right angle to the center of the
hypotenuse does not cross the centerline of the street. For purposes
of this section, centerline of the Main Line shall be a line halfway
between the iron rails of the Main Line.
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GRADE CROSSING SIGHT CLEARANCE
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16.2
Height
Exceptions.
16.2-1
In any
district, public or semi-public buildings, such as hospitals, hotels,
churches, sanitariums or schools, where permitted, may be erected
to a height not exceeding seventy-five (75) feet, provided that such
buildings shall have yards the depth or width of which shall be increased
one (1) foot on all sides for each additional foot that such buildings
exceed the specified height limit as established by the regulations
of the district in which such buildings are situated.
16.2-2
Dwellings
in Districts “R-1” or “R-2” may be increased
in height not exceeding ten (10) feet in addition to the limitations
of two and one-half (2-1/2) stories, or thirty-five (35) feet, as
prescribed in such districts provided that two (2) side yards of not
less than fifteen (15) feet in width each are provided. In no case
shall such dwellings exceed three (3) stories in height.
16.2-3
Parapet
walls and false mansards shall not extend more than six (6) feet above
the height limit.
16.2-4
On through
lots one hundred twenty-five (125) feet or less in depth, the height
of a building may be measured from the curb level of either street.
On through lots of more than one hundred twenty-five (125) feet in
depth, the height regulations for the street permitting the greater
height shall apply to a depth of not more than one hundred twenty-five
(125) feet from that street.
16.3
Area Exceptions.
16.3-1
For any
building used jointly for business and dwelling purposes or industry
and dwelling purposes, the number of families permitted by the lot
area requirements per family shall be reduced in the same proportion
as the floor area devoted to business or industry bears to the entire
floor area of the buildings, provided that floor area below the first
floor of such building shall not be included in any calculation under
this provision.
16.3-2
For any
building providing jointly for hotel and apartment house uses, the
number of families permitted in apartments by the lot area requirements
per family shall be reduced in the same proportion as the total floor
area devoted to hotel or non-housekeeping rooms bears to the total
floor area devoted to both uses.
16.4
Yard Exceptions.
16.4-1
In districts
“R-1” to “R-2” inclusive, where lots comprising
forty (40) percent or more of the frontage on the same side of a street
between two (2) intersecting streets (excluding reverse corner lots),
are developed with buildings having front yards with a variation of
not more than ten (10) feet in depth, the average of such front yards
shall establish the minimum front yard depth for the entire frontage,
except that where a recorded plat has been filed showing a setback
line which otherwise complies with the requirements of this ordinance,
which is less than the established setback for the block as provided
above, such setback line shall apply; provided that the City Planning
and Zoning Commission may permit variations in cases of hardship,
or where the configuration of the ground is such as to make conformity
with the front yard requirements impractical.
16.4-2
Where
an official line has been established for future widening or opening
of a street upon which a lot abuts, then the depth or width of a yard
shall be measured from such official line to the nearest line of the
building.
16.4-3
Every
part of a required court or yard or open space shall be open from
its lowest point to the sky unobstructed except for the ordinary projections
of sills, belt courses, cornices, chimneys, buttresses, ornamental
features and eaves; provided that none of the above projections shall
extend into a minimum yard more than twenty-four (24) inches; and
provided further that canopies or open porches having a roof area
not exceeding sixty (60) square feet may project a maximum of six
(6) feet into the front or rear yard.
16.4-4
An open
fire escape may project into a required side yard not more than half
the width of such yard and not more than four (4) feet from the building.
Fire escapes, solid floored balconies and enclosed outside stairways
may project not more than four (4) feet into a rear yard.
16.4-5
Except
as specifically required adjacent to a District “R-1”
to “R-2” inclusive, buildings in Districts “C-1”,
“C-2” or “M” used wholly or partially for
business or industrial purposes, need not provide a side yard, provided
that portions of such buildings which are designed or used for dwelling
purposes shall provide on any floor so used, in addition to the front
and rear yard requirements, open space equivalent to the area of side
yards for buildings used exclusively for dwelling such building is
situated [sic]. Such open space may be in the form of additional front
or rear yards or one (1) or more courts opening to the street or rear
yard.
16.4-6
No rear
yard shall be required in Districts “C-1” to “M”
inclusive on any lot used for business or industrial purposes, the
rear line of which adjoins a railway right-of-way or which has a rear
railway tract connection.
16.4-7
In computing
the depth of a rear yard for any building where such yard abuts an
alley, one-half (1/2) of such alley may be assumed to be a portion
of the rear yard.
16.4-8
On a
corner lot, a private garage, when attached to the main building and
not exceeding the height of the main building, may extend into the
required rear yard to a point not less than eighteen (18) feet from
the rear lot line, and shall not occupy more than thirty (30) percent
of the required rear yard.
16.4-9
Flatwork
may extend beyond the required side yard building line to the property
line, exclusive of alleys, drainage or utility easements.
(Ordinance 621 adopted 3/24/83; Ordinance 705 adopted 3/14/85; Ordinance
1020 adopted 10/22/92; Ordinance 1109 adopted 8/10/95; Ordinance 1134 adopted 4/22/96)
17.1
Accessory
Buildings and Uses Permitted.
17.1-1
Buildings
or uses which are customarily accessory to a use permitted in one
district shall not be permitted in a district of a higher classification.
17.1-2
For any
single-family dwelling, there shall be permitted one (1) detached
private garage, provided that such garage shall be located not less
than sixty (60) feet from the front lot line, not less than six (6)
feet from any side lot line, nor less than one (1) foot from any alley
line, except that when the rear lot line is common to a side or rear
lot line of another lot, such outbuilding must be a minimum of three
(3) feet from said rear lot line and in the case of corner lots not
less than the distance required for dwellings from side streets.
17.1-3
In any
district, a detached accessory building not exceeding twenty-four
(24) feet or two (2) stories in height or, in any case, not higher
than the main building, may occupy not more than thirty (30) percent
of a rear yard. In District “R-2” through “M”
inclusive, if such building is not more than one (1) story or sixteen
(16) feet high, it may occupy forty (40) percent of the rear yard.
No part of a detached accessory building may be connected with the
main building [except] by a lightly constructed, covered passage,
open on each side and not more than six (6) feet wide inside, the
roof of which is not more than twelve (12) feet high at its highest
point and is not an extension of the roof or main building.
17.1-4
A barn
may be built in any district if placed on a tract of land three (3)
acres or larger without having a main building provided the bar [barn]
does not exceed two stories or twenty-four (24) feet in height.
(Ordinance 621 adopted 3/24/83; Ordinance 1141 adopted 7/8/96)
18.1
To secure
safety from fire, panic and other dangers; to lessen congestion in
the streets; to facilitate adequate transportation; to conserve the
value of buildings; and to encourage the most appropriate use of land,
minimum off-street parking shall be provided as set forth in the following
schedules and provisions.
18.2
Schedule
of minimum off-street parking for single-family, two-family and multiple-family
dwellings residential district:
|
R-1 Single-Family Dwelling District
|
R-2 Multiple-Family Dwelling District
| |
|---|---|---|
|
Single-Family Dwelling (Detached)
|
2
|
2
|
|
Single-Family Dwelling (Attached)
|
2
|
2
|
|
Two-Family Dwelling Spaces per Dwelling Unit
|
R-1 and R-2 the same
2.5 per dwelling unit or 1 per bedroom, whichever is greater.
| |
|
Multiple-Family Dwelling Spaces per Dwelling Unit
|
R-1 and R-2 the same
2.5 per dwelling unit or 1 per bedroom, whichever is greater.
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18.3
Schedule
of minimum off-street parking for single-family, two-family and multiple-family
dwellings - nonresidential districts.
Minimum off-street
parking for single-family, two-family and multiple-family dwellings
in nonresidential districts is hereby established as follows: 2.5
spaces per dwelling unit or one (1) space per bedroom, whichever is
greater.
18.4
Schedule
of Minimum Off-Street Parking for Specified Uses.
|
Use
|
Number of Parking Spaces
|
Required for Each
|
|---|---|---|
|
INSTITUTIONAL USES
| ||
|
Boarding or Rooming House
|
1-1/2
|
Dwelling or rooming unit
|
|
Mobile Home or House Trailer
|
3
|
Lot, plot, tract, or stand.
|
|
Hotel, Motel or Tourist Court
|
1
|
Guest room or residence unit
|
|
College, University or Private School
|
2
|
for 3 day students + 1 for each staff and faculty
|
|
Church
|
1
|
3 seats in sanctuary
|
|
Public, Community, Health, or Welfare Center
|
1
|
100 sq. ft. floor area
|
|
Day Camp, Kindergarten or Day Nursery
|
1
|
5 pupils
|
|
Fraternity or Sorority
|
2
|
3 members or residents
|
|
Institute for Alcoholic, Narcotic or Psychiatric Patients
|
1
|
2 employees or attendants employees [sic]
|
|
Hospital, General Acute Care
|
3
|
Each bed + 1 for each staff physician
|
|
Hospital, Chronic Care
|
1
|
3 beds
|
|
Institution, Religious Charitable or Philanthropic
|
1
|
10 residents 2 employees
|
|
Nursing or Convalescent Home
|
1
|
3 beds
|
|
Institutional Home for Aged
|
1
|
3 residence units
|
|
Residence Home for the Aged
|
1
|
Dwelling Unit
|
|
Place of Public Assembly
|
1
|
3 seats
|
|
Elementary School
|
1
|
20 Students + 1 per staff or faculty member
|
|
Junior High School
|
1
|
15 students + 1 per staff or faculty member
|
|
Senior High School
|
1
|
3 students + 1 per staff or faculty member
|
|
Lodge of [or] Fraternal Organization
|
1
|
100 sq. ft. floor area
|
|
FOOD AND BEVERAGE SERVICE USES
| ||
|
Eating or Drinking Place Service to Auto
|
12 minimum
| |
|
+ 1
|
50 sq. ft. floor area
| |
|
Eating or Drinking Place No Service to Auto
|
1
|
50 sq. ft. dining area floor space
|
|
OFFICE, PROFESSIONAL OR FINANCIAL USES
| ||
|
Bank or Savings and Loan
|
1
|
400 sq. ft. floor area
|
|
Clinic or Doctor's Office
|
1
|
400 sq. ft. floor area
|
|
Office, General
|
1
|
400 sq. ft. floor area
|
|
Dance, Display, Drama or Music Studio
|
1
|
200 sq. ft. floor area
|
|
Veterinarian Office or Clinic
|
1
|
300 sq. ft. area
|
|
School, Business, Trade, or Craft
|
1
|
4 day students + 1 for each faculty or staff member
|
|
PERSONAL SERVICE AND RETAIL USES
| ||
|
Personal Service Shop or Establishment
|
1
|
200 sq. ft. floor area
|
|
Retail Stores or Shops in Buildings
|
1
|
200 sq. ft. floor area
|
|
Open Retail Stores
|
1
|
600 sq. ft. site area exclusive of buildings
|
|
RECREATION, SOCIAL AND ENTERTAINMENT USES
| ||
|
Commercial Amusements
|
1
|
For 3 guests, or each 100 sq. ft. floor area, whichever is greater
|
|
Bowling Alley
|
6
|
Per lane
|
|
Private Club or Nightclub
|
1
|
50 sq. ft. floor area
|
|
Theater
|
1
|
For each 3 seats
|
|
MOTOR VEHICLE AND MACHINERY USES
| ||
|
Auto Laundry, Attended
|
1
|
500 sq. ft. floor area
|
|
Auto Laundry, Self Service
|
4
|
For each stall
|
|
Auto Repair, Garage or Shop
|
1
|
500 sq. ft. floor area
|
|
Vehicle or Machinery Sales - Indoor
|
1
|
500 sq. ft. floor area
|
|
Auto Parts and Accessory Sales - Indoor
|
1
|
200 sq. ft. floor area
|
|
Auto Parts and Accessory Sales - Outdoor
|
1
|
1,000 sq. ft. floor area
|
|
Vehicle or Machinery Sales - Outdoor
|
1
|
1,000 sq. ft. site area
|
|
Recreational Vehicle or Travel Trailer Sales
|
1
|
300 sq. ft. air-conditioned floor area
|
|
STORAGE, WHOLESALE AND MANUFACTURING USES
| ||
|
Brick or Lumber Yard or Similar Area
|
1
|
1,000 sq. ft. site area
|
|
Open Storage Sand, Gravel, or Petroleum Products, Etc.
|
1
|
2,000 sq. ft. site area
|
|
Under 25,000 sq. ft.
|
1
|
2,000 sq. ft. + 1 each employee
|
|
25,000 - 50,000 sq. ft.
|
1
|
3,000 sq. ft. + 1 each employee
|
|
Over 50,000 - 100,000 sq. ft.
|
1
|
4,000 sq. ft. + 1 each employee
|
|
Over 100,000 sq. ft.
|
1
|
5,000 sq. ft. + 1 each employee
|
|
Office Warehouse Storage
|
1
|
2,000 sq. ft. warehouse + 1: 400 sq. ft. office
|
|
Mini-storage-self-storage
|
1
|
12,000 sq. ft.
|
18.5
General
Provisions.
18.5-1
An off-street
parking space shall be a striped area of not less than one hundred
sixty-two (162) square feet, measuring approximately nine (9) feet
by eighteen (18) feet not located on a public street or alley. Such
parking space, aisles and maneuvering areas shall have an all-weather
surfacing, enclosed or unenclosed, and shall be connected by an all-weather
surfaced driveway to a street or alley. Head-in or indented parking
adjacent to a public street or alley wherein the maneuvering of the
vehicle in parking or leaving a parking space is done on a public
street or alley shall not be classified as off-street parking in computing
any parking requirements herein specified, except in the “Old
Katy District.” All additional parking provided for the use
(“overflow parking”) must be constructed of asphalt or
concrete.
18.5-1a
The driveway, as required in Section 18.5-1, if for a single-family
residence on one acre of land and larger and in excess of 150 feet
from the street to the required off-street parking area, may be any
material that is normally used for road construction. The drive shall
be a minimum of ten (10) feet wide and graded to not hold water. The
driveway shall be all-weather surface from the street or alley to
the property line.
18.5-2
In determining
the required number of parking spaces, fractional spaces shall be
counted to the nearest whole space. Parking spaces located in buildings
used for repair garages or carwashes shall not be counted as meeting
the required minimum parking.
18.5-3
Where
a lot or tract of land is used for a combination of uses, the off-street
parking requirements shall be the composite or sum of the requirements
of each type of use and no off-street parking space provided for one
type of use or building shall be included in calculations of off-street
parking requirements for any other uses of buildings.
18.5-4
Floor
area of structures devoted to off-street parking of vehicles shall
be excluded in computing the floor area for off-street parking requirements.
18.5-5
In all
districts, except the “C-2” District, the required off-street
parking for all permitted uses, except institutional uses shall be
available to customers, employees, tenants, clients, and occupants
of a use on a prearranged basis, other than an hourly or fee basis,
as free or contract parking in accordance with the minimum parking
ratio prescribed for the various districts and uses in the preceding
schedule.
18.5-6
Except
for institutional uses, required off-street parking for permitted
uses in single-family, two-family and multiple-family districts shall
be provided on the lot or tract occupied by the main use. For institutional
uses in residential districts and for permitted uses in all other
districts, off-street parking shall be provided on the lot or tract
occupied by the main use or upon a tract dedicated to parking use
by an instrument filed for record and consolidated under a single
certificate of occupancy with the main use. Such parking facility
shall be located in the same zoning district as the main use or in
any other district which permits a commercial parking lot or garage;
and all or any part of such facility shall be located within a distance
(including streets and alleys) of three hundred (300) feet of the
property upon which the main use is located.
18.5-7
No parking
shall be permitted within six (6) feet of an adjoining lot located
in Districts “R-1” to “R-2” inclusive. Any
lights used to illuminate said parking areas shall be so arranged
as to direct light away from any adjoining premises located in Districts
“R-1” to “R” inclusive. Where such parking
area is located in an “R” District, no fee shall be charged
for parking thereon, and no signs of any kind shall be erected except
those necessary for the parking thereon.
18.6
Special
Off-Street Parking Provisions Nonresidential Districts.
18.6-1
In all
nonresidential districts, surface parking may extend to the front
property line.
18.6-2
In the
“C-2” District, additional off-street parking space for
all uses, other than single-family, two-family and multiple-family
usage, shall be provided at the ratio of one (1) space for each one
thousand (1,000) square feet of floor area exceeding two thousand
(2,000) square feet.
18.7
Minimum
Off-Street Loading.
Off-street
facilities shall be provided and maintained for receiving and loading
merchandise, supplies and materials within a building or on the lot
or tract adjacent thereto. Such off-street loading space shall be
adjacent to a public alley or private service drive or may consist
of a truck berth within the structure. No portion of the loading space
shall extend into the public right-of-way. Such space or berth shall
be provided in accordance with the following schedules:
a.
For all retail,
commercial and industrial uses.
|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|---|---|
|
0 - 10,000
|
1
|
|
10,001 to 50,000
|
2
|
|
50,001 to 100,000
|
3
|
|
Each 100,000
|
1 additional
|
b.
For all hotels,
office buildings and similar establishments.
|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|---|---|
|
1 - 50,000
|
None
|
|
50,001 to 150,000
|
1
|
|
150,001 to 300,000
|
2
|
|
300,001 to 500,000
|
3
|
|
500,001 to 1,000,000
|
4
|
|
Each additional 500,000
|
1 additional
|
(Ordinance 621 adopted 3/24/83; Ordinance 664 adopted 3/22/84; Ordinance
1079 adopted 12/13/94; Ordinance 1141 adopted 7/8/96; Ordinance 2546, sec. I, adopted 9/24/12; Ordinance 2546, sec. II, adopted 9/24/12; Ordinance 2714 adopted 8/10/15)
The lawful use of any building, structure or land, existing
at the time of the enactment of this ordinance, may be continued although
such use does not conform with the provisions of this ordinance, provided,
however, the right to continue such nonconforming usage shall be subject
to regulations prohibiting the creation of a nuisance and shall terminate
when inappropriate use of the premises produces a condition which
constitutes a nuisance and further, the right of nonconforming uses
to continue shall be subject to such regulations as the maintenance
of the premises and conditions of operations as may, in the judgment
of the Board of Adjustment, be reasonably required for protection
of adjacent property and further, the right of nonconforming uses
to continue shall be subject to the specific regulations herein contained.
19.1
Nonconforming
Buildings.
19.1-1
A nonconforming
building or structure may be occupied except as herein otherwise provided.
19.1-2
Repairs
and alterations may be made to a nonconforming building or structure
provided that no structural alteration shall be made except those
required by law or ordinance and further provided these regulations
shall never be constructed to allow an addition to a nonconforming
building.
19.1-3
A nonconforming
building or structure shall not be added to or enlarged in any manner
unless such addition and enlargement is made to conform to all the
requirements of the district in which such building or structure is
located.
19.1-4
No nonconforming
building or structure shall be moved in whole or in part to any other
location on the lot, or on any other lot, unless every portion of
such building or structure is made to conform to all of the regulations
of the district.
19.1-5
A nonconforming
building or structure which is damaged or partially destroyed by fire,
flood, wind, explosion, earthquake, or other calamity or act of God,
shall not be again restored or used for such purpose if the expense
of such restoration exceeds seventy-five (75) percent of the replacement
cost of the building or structure at the time such damage occurred.
Any nonconforming building or structure partially destroyed may be
restored provided restoration is started within twelve (12) months
of the date of partial destruction and is diligently prosecuted to
completion. Whenever a nonconforming building or structure is damaged
in excess of seventy-five (75) percent of its replacement cost at
that time, the repair or reconstruction of such building or structure
shall conform to all the regulations of the district in which it is
located and it shall be treated as a new building.
19.1-6
Sale
of a nonconforming building to a person who will continue the nonconforming
use or to an entity which will continue the nonconforming use is not
prohibited by this Section.
19.2
Nonconforming
Uses of Buildings.
19.2-1
Except
as otherwise provided in this ordinance, the nonconforming use of
the building or structure lawfully existing at the time of the effective
date of this ordinance may be continued.
19.2-2
The use
of a nonconforming building or structure may be changed to a use of
the same, or more restricted classification, but where the use of
a nonconforming building or structure is hereafter changed to a use
of a more restricted classification, it shall not thereafter be changed
to a use of less restricted classification.
19.2-3
A vacant,
nonconforming building or structure lawfully constructed may be occupied
by the use for which the building or structure was designated or intended,
if so occupied within a period of one (1) year after the effective
date of this ordinance, and the use of a nonconforming building or
structure lawfully constructed which becomes vacant after the effective
date of this ordinance, may also be occupied by the use for which
the building or structure was designated or intended, if so occupied
within a period of one (1) year after the building becomes vacant.
19.3
Nonconforming
Use of Land.
The nonconforming use of land existing at
the time of the effective date of this ordinance may be continued,
provided that no such nonconforming use of land shall in any way be
expanded or extended either on the same or adjoining property, and
provided that if such nonconforming use of land or any portion thereof
is discontinued or changed and such discontinuance or change continues
for one (1) year.[,] Any future use of such land, or portion thereof,
shall be in conformity with the provisions of this ordinance.
19.4
Abandonment.
A nonconforming use of any building,
structure or land which has been abandoned shall not thereafter be
returned to such nonconforming use. A nonconforming use shall be considered
abandoned.
a.
when the
intention of the owner to discontinue the use is apparent, or,
b.
When the
characteristic equipment and furnishings of the nonconforming use
have been removed from the premises and have not been replaced by
similar equipment within one (1) year, or,
c.
When a nonconforming
building, structure or land, or portion thereof which is or hereafter
becomes vacant and remains unoccupied or out of use for a continuous
period of one (1) year, or
d.
When it has
been replaced by a conforming use.
19.5
Exemptions.
a.
The limitations
in this section on nonconforming uses and buildings shall not apply
to single-family residential uses or buildings in existence at the
time of adoption of this ordinance.
b.
When the
nonconforming building used for R-1 purposes is structurally converted
to accommodate a conforming use of the zone in which the use and/or
building is located, the nonconforming building may not thereafter
be used for the nonconforming use without special use permit.
19.6
Any existing
used car/junk area or junk/salvage area or yard, occupying an open
site or any existing used car/junk business or junk/salvage business
conducted within structures, or utilizing structures valued at less
than two thousand five hundred dollars ($2,500.00), excluding fencing,
shall be discontinued within six (6) months after the effective date
of this ordinance or six (6) months after being annexed into the City
of Katy.
19.6-1
Used
car/junk area is defined as any open area, other than a street, alley
or public place, used for the dismantling or wrecking of used automobiles
or the storage, sale or dumping of dismantled or wrecked cars or their
parts.
19.6-2
Junk/salvage
area or yard is defined as a lot upon which waste or scrap materials
are bought, sold, exchanged, stored, packed, disassembled or handled,
including but not limited to, scrap iron and other metals, paper,
rags, rubber tires and bottles. A junkyard includes an automobile
wrecking yard and automobile parts yard. A junkyard does not include
such uses conducted entirely within an enclosed building.
20.1
To encourage
the most appropriate use of the land and to conserve and protect the
value of adjacent land and buildings, regulations are prescribed for
the location and screening of open storage of materials, commodities
and vehicles of all types in the various districts in accordance with
the following standards[.]
20.2
Location
of Open Storage.
20.2-1
In addition
to the regulations concerning commercial and industrial storage uses,
the following regulations shall apply to storage accessory to residential
and retail uses.
20.2-2
In all
one-family, two-family, multiple-family and mobile home districts,
no open accessory storage or display outside a building containing
materials or commodities for sale at wholesale or retail or for storage
purposes shall be permitted nor shall any motor vehicle or machinery
storage, other than that which is incidental to the use of a premises
as herein provided, be permitted; nor shall any truck or commercial
vehicle storage be permitted, except that one (1) panel delivery or
pickup truck not exceeding one and one-half (1-1/2) ton capacity,
may be stored by the owner of a premises when such vehicle storage
is incidental to the main use of such premises.
20.2-3
In the
“C-2” District, no open accessory storage or display of
materials and commodities, including used cars for sale, shall be
permitted between the street line and the front setback or yard line
as herein provided, except that such restrictions shall not apply
to provisions of off-street parking facilities in conformance of the
requirements of this ordinance. For a gasoline service station, the
front setback or yard line applicable to this regulation shall be
interpreted as the specified setback for fuel pump islands. Permitted
open accessory storage shall be screened as required by section 20.3-2
20.3
Screening
Regulations.
20.3-1
Location
of Required Screening.
a.
Where the
rear or service side of a nonresidential building in a residential
district is exposed to a residence and where a nonresidential building
in a “C-1”, “C-2” or “M” District
is exposed to a residential district boundary line, and where such
building is closer than one hundred fifty (150) feet to the boundary
line, a screening wall or fence not less than six (6) feet in height
shall be erected separating the rear or service side of such building
from the adjacent building or residential district. Where all service,
storage and loading facilities are contained within a building, the
screening provisions of this section shall not apply.
b.
In a “C-1”
or “C-2” district where parking for motor vehicles for
nonresidential buildings is provided adjacent to a residential district
which is occupied or is to be occupied by residential buildings, whether
the district boundary lines are separated by a street or alley or
not, a screening wall or landscaped visual barrier not less than five
(5) feet in height shall be provided along the boundary of such parking
area. This requirement does not waive the requirements of any other
section of this ordinance.
c.
In all districts
where open storage is permitted and screening of the storage area
is required, a screening wall or fence shall be provided not less
than six (6) feet in height.
d.
Garbage
storage areas shall be visually screened by an eight (8) foot high
solid fence on all sides except when one (1) side is adjacent to an
alley or easement used for garbage pickup service, no screening fence
shall be required on that side.
e.
All wrecking
yards (junk and salvage) and salvage yards (outside) with open storage
of wrecked or salvaged automobiles, machinery, appliances, or other
used commodities and equipment, shall be surrounded by a screening
wall or fence not less than eight (8) feet in height.
20.3-2
Standards
for Screening.
a.
A required
sight-obscuring wall or fence shall be constructed of masonry or of
a concrete or metal frame or base which supports a permanent type
wall material, the surface of which does not contain openings more
than forty (40) square inches in each one (1) square foot of surface
of such wall or fence, and which surface shall constitute a visual
barrier. No openings shall be permitted for access unless a solid
gate equaling the height of the wall is provided. Such gate shall
remain closed at all times except in actual use.
b.
Where barriers
are required for parking facilities as specified in Section 18 such
barriers shall consist of a screening wall not less than five (5)
feet in height or a landscaped strip not less than six (6) feet in
width, containing a solid planting or hedge not less than five (5)
feet in height, which planting shall be maintained in a healthy, growing
condition.
c.
No screening
wall, planting or other visual barrier shall be so located or placed
so that it obstructs the vision of motor vehicle drivers approaching
any street, drive or alley intersection. This requirement takes precedence
over any other requirements of this Section.
d.
Walls and
landscaped strips shall be protected from vehicle wheels by a bumper
rail or wheel barrier located at least three (3) feet from such planting
or wall.
e.
Any wall
or fence constructed to comply with any screening provision herein
specified shall be maintained so as to meet the minimum standard of
screening.
(Ordinance 621 adopted 3/24/83)
20B.1
Applicability.
This section shall apply to all new or replacement outdoor lighting
on nonresidential and multifamily properties.
20B.2
Exemptions.
20B.2-1
Decorative
holiday lighting;
20B.2-2
Lighting
required by local, state, or federal law;
20B.2-3
Temporary
emergency lighting needed during activities of law enforcement, fire,
and other emergency services;
20B.2-4
Temporary
lighting at construction sites;
20B.2-5
Entertainment
lighting that occurs only during the course of a special event;
20B.2-6
Accent
lighting that targets specific features of a building or monument
(not facade lighting);
20B.2-7
Lighting
at historic landmarks where historic light fixtures are used;
20B.2-8
Lighting
directed at a displayed flag that does not interfere with the visibility
on thoroughfares or shine directly at any adjacent residential use;
and
20B.2-9
Streetlights,
including lighting in a public right-of-way.
20B.3
Site
Lighting Design Requirements.
20B.3-2
Mounting.
20B.3-2.1
Fixtures shall be mounted in such a manner that the projected cone
of light does not cross any property line.
20B.3-3
Luminaire/Fixture.
20B.3-3.1
No fixture shall directly project light horizontally or cause light
trespass onto any adjacent residential use.
20B.3-3.2
All fixtures incorporated into non-enclosed structures (i.e., gas
pump canopies, carwashes, etc.) shall be fully recessed into the underside
of such structures.
20B.3-3.3
All permanent light fixtures are required to be full cutoff fixtures
with the light source fully shielded and directed downward. Examples
of acceptable/unacceptable lighting fixtures are shown in Exhibit
A below:
 |
(Ordinance 3054 adopted 8/22/2022)
No person, unless otherwise permitted by this ordinance, shall
erect, construct, reconstruct, structurally alter or relocate any
sign within the city which does not comply with the requirements of
this section and without first satisfying the permitting requirements
and complying with the construction and size standards otherwise adopted
by the City of Katy.
21.1
Permitted
Sign Use.
21.1-1
R-1
and R-2 Districts:
Only temporary on-premises ground
signs are permitted on tracts occupied by dwellings. Other locations
where dwellings are not located only on-premises ground signs are
permitted. Portable signs and CEVMS are prohibited.
21.1-2
[Reserved.
Deleted and reserved by Ordinance 2378, section VI, adopted May 12,
2008.]
21.1-3
C-1,
C-2 and M Districts:
No off-premises signs, or CEVMS
are permitted whether temporary or permanent, shall be located in
the Old Katy District or within five hundred (500) feet of a single-family
residential zone.
21.2
Classification
and Definitions.
21.2-1
Advertising.
To seek the attraction of or to direct the attention of the
public to any goods, services, or merchandise whatsoever.
21.2-2
Business.
Includes any activity with a business purpose, any activity
not involving a residential purpose.
21.2-3
Business
Purpose.
The use of any property or structure for the
purpose of conducting a commercial enterprise or church as herein
defined. The definition shall, in any R-1 area as defined in the City
of Katy Zoning Ordinance, include any nonresidential use or purpose.
21.2-4
Church.
Those organizations identified and defined as religious organizations
in the Internal Revenue Code (IRC) and those activities conducted
by those organizations granted exempt status under IRC Sec. 501 when
such activities are conducted on the same premises as the religious
organization.
21.2-5
Curbline.
An imaginary line drawn along the edge of the pavement on either
side of a public street.
21.2-6
General
Right-of-Way.
A right-of-way which is not classified
as a predominantly residential right-of-way or scenic or historical
right-of-way or district and which is owned, leased or otherwise legally
controlled by the person placing a sign thereon.
21.2-7
Nonresidential
Purpose.
Use or activity which is not a residential purpose,
including but not limited to businesses, nonprofit organizations and
churches.
21.2-8
Off-Premise
Sign.
Any sign advertising a business, person, activity,
goods, product or service not usually located on the premises where
the sign is installed and maintained, or which directs persons to
any location not on the premises.
21.2-9
On-Premise
Sign.
Any sign identifying or advertising the business[,]
person, activity, goods, products or services primarily sold or offered
for sale on the premises where the sign is installed and maintained
when such premise is used for business purposes; and
21.2-10
Person.
An individual, company, corporation, partnership, association,
or any other entity.
21.2-11
Predominantly
Residential Right-of-Way.
A public right-of-way between
two (2) intersecting public streets in which a majority of the total
front footage is used for residential purposes.
21.2-12
Public
Right-of-Way.
Any part of a right-of-way not privately
owned or controlled, and which is the responsibility of the city or
other similar public agency to maintain.
21.2-13
Public
Street.
The entire width between property lines of any
road, street, way, alley, bridge, or other similar thoroughfare not
privately owned or controlled, when any part thereof is open to the
public for vehicular traffic, is the responsibility of the city or
other similar public agency to maintain, and over which the city has
legislative jurisdiction under its police power.
21.2-14
Residential
Purposes.
The use of property in an R-1, R-2, or R-3
district devoted to occupancy by persons of a dwelling. Property devoted
to both residential and nonresidential use shall be considered as
used for residential purposes.
21.2-15
Right-of-Way.
The property fronting on, immediately adjacent to, and on either
side of a public street or a nonpublic street.
21.2-16
Sign.
Any outdoor display, design, pictorial, or other representation,
which shall be so constructed, placed, attached, painted, erected,
fastened, or manufactured in any manner whatsoever so that the same
shall be used for advertising. The term “sign” shall include
the sign structure. Every sign shall be classified and conform to
the requirements of each of such classifications set forth in this
section.
21.2-17
Sign
Structure.
Any structure which supports or is capable
of supporting any sign. A sign structure may be a single pole and
may or may not be an integral part of a building.
21.2-18
Total
Front Footage.
The total length of the footage of property
fronting on both sides of a public street.
21.3
Types
of Signs.
All signs shall further be classified into
one of the following type signs:
21.3-1
Ground
Sign.
Shall consist of one (1) or two (2) sign faces
and a support structure. Each pair of identical faces on a ground,
pole or projecting sign structure shall constitute a separate sign.
21.3-2
Marquee
Sign.
A projecting sign attached to or hung from a canopy
or covered structure projecting from and supported by a frame or pipe
support extending beyond a building.
21.3-3
Projecting
Sign.
Any sign which is affixed to any building wall
or structure and extends beyond the building wall or structure more
than twelve (12) inches.
21.3-4
Roof
Sign.
Any sign erected, constructed or maintained above
the roof of any building.
21.3-5
Wall
Sign.
Any sign affixed to or painted upon the wall of
any building.
21.3-6
Ancillary
Sign.
One which conveys information regarding a service
or facility subsidiary to the main or principal business use of a
property, such as telephone signs, restroom signs, credit card signs,
etc. Ancillary signs shall not exceed four (4) square feet in size.
21.3-7
Special
Function Signs.
Any on-premise or off-premise sign of
any type which may include electrical sign, portable sign, and spectacular
sign or combination, according to special functions.
21.3-8
Electrical
Sign.
Any sign containing electrical wiring or utilizing
electrical current, but not including signs illuminated by an exterior
light source[.]
21.3-9
Portable
Sign.
Any sign assigned or constructed to be easily moved
from one location to another, including signs mounted upon or designed
to be mounted upon a trailer, bench, wheeled carrier or other non-motorized
mobile structure; a portable sign which has its wheels removed shall
still be considered a portable sign hereunder. For the purpose of
this section, trailer signs and signs on benches are “portable
signs.”
21.3-10
Spectacular
Sign
Shall mean any sign which has automatically changing
advertising or which is equipped with glaring or rotating strobe or
spotlights or which has any moving message whatsoever. A changing
or moving message that does not change or move more than once every
four (4) hours, shall not be considered “automatically changing
advertising.”
21.3-11
Temporary
Sign.
Any sign constructed of cloth, canvas, light fabric,
cardboard, wallboard, or other light material not to exceed one hundred
(100) square feet in size. A portable sign shall not be considered
a temporary sign.
21.3-12
Vendors
Variable Message Sign.
A ground sign that incorporates
within its design and construction the ability for the vendor to easily
alter the wording of the sign message. This sign shall conform to
all structural requirements of ground signs, Subsection 1 of this
section.
21.3-13
Changeable
Electronic Variable Message Sign (CEVMS)
Shall mean a
sign which permits light to be turned on or off intermittently, or
which is operated in a way whereby light is turned on or off intermittently,
including any illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such
sign is in use including an LED (light emitting diode) or digital
sign, and which varies in intensity and color. A CEVMS does not include
a sign located within the right-of-way that functions as a traffic-control
device (MUTCD) approved by the Federal Highway Administration as the
National Standard.
21.3-14
Inflatable
Sign.
Shall mean a sign or form of advertisement in the
form of or attached to a balloon or other inflatable or floating device.
21.4
On-Premise
Sign Provisions.
21.4-1
Signs
on General Rights-of-Way.
a.
Property
on which only one (1) nonresidential purpose activity is located:
(1)
No
nonresidential activity (activity) shall have more than a total of
five (5) on-premise signs; provided, however, that each activity may
select any combination of the signs described below in this subsection
to reach that total:
(i)
Each (activity) shall place no more than two (2) on-premise ground
signs;
(ii)
Each (activity) shall place no more than three (3) on-premise wall
signs, which shall not occupy more than fifty (50) percent of the
total wall surface;
(iii)
Each (activity) shall place no more than three (3) on-premise roof
or wall signs, designed to be architecturally compatible with the
building;
(iv)
Each (activity) shall place no more than three (3) on-premise projecting
signs, which shall not extend above the uppermost portion of the building
to which it is attached unless otherwise such extension is excepted;
(v)
Each (activity) shall place no more than three (3) on-premise marquee
signs.
(2)
With
the exception of on-premise signs lawfully permitted or erected prior
to the passage of this section, all on-premise signs and sign structures
shall be contained wholly within the premises upon which they are
located and shall not extend onto the public right-of-way; provided
that on-premise projecting signs may extend up to ten feet (10’)
outward from the building to which they are attached as long as such
extension is not closer than two (2) feet behind the curbline.
(3)
Spectacular
signs are to be prohibited.
b.
Integrated
business developments (defined for purposes of this section as shopping
centers, strip centers, or any tract of land with more than one (1)
commercial activity or for a commercial development of at least 20
acres in size, consisting of multiple lots, and platted as a common
development).
(1)
Wall
signs are permitted for each business within the integrated business
development with an allowable total sign area of one and one-half
(1-1/2) square feet for each linear foot of the building frontage.
The wall sign shall not project above the roofline and must be located
on the portion of the building at the site where the goods or services
are offered.
(2)
One
(1) freestanding community sign shall be permitted for integrated
business developments of two (2) or more separate businesses. The
total area for all freestanding community signs shall not exceed one
(1) square foot for each five (5) linear feet of lot frontage up to
a maximum size of one hundred (100) square feet . No community sign
shall be smaller than fifty (50) square feet. A community sign shall
not exceed twenty (20) feet in height. The lowest point of the sign's
facing shall be no lower than eighteen (18) inches above the adjacent
grade.
(3)
Any
business within the integrated business development that is on a separately
platted lot with at least seventy- five (75) linear feet of street
frontage, may have its own on-premises ground sign. If said on-premises
ground sign is on the same frontage as the freestanding community
sign, then the business may not advertise on the freestanding community
sign.
(4)
Temporary
or portable signs are prohibited in integrated business developments.
Temporary or portable signs located in integrated business developments
in violation of this provision upon the effective date of this amendment,
December 12, 1985, shall be removed no later than six (6) months after
the effective date of this amendment. Such six (6) month "grace" period
shall not apply to any sign for which a permit has not been obtained.
(5)
One
vendor's variable message sign, or [for] every one hundred fifty (150)
linear frontage feet or portion thereof shall be permitted for integrated
developments. The maximum display surface area for each vendor's variable
message sign shall not exceed forty (40) square feet per side. A vendor's
variable message sign shall not exceed twenty (20) feet in height.
The lowest point of the display area shall be no lower than five (5)
feet above adjacent grade. All vendor's variable message signs shall
be subject to permit fees.
c.
Notwithstanding
any other provision of this section, a new tenant in an integrated
business development may place a portable sign on the premises of
said development for a period not to exceed the first thirty (30)
days of tenant's conducting business in such development. A permit
shall be required.
d.
It shall
be the responsibility of the integrated business development owner
to advise his tenants of, and monitor compliance with, the sign ordinance.
21.4-1-1
Service Stations.
It shall be permissible for
retail business offering motor fuel and oil to motor vehicles to place
signs furnished by petroleum company suppliers identifying the brand
of motor fuel and oil on overhead canopies provided the sign shall
contain only the name and/or logo of the supplier and there is only
one sign on each canopy face.
21.4-2
Residential
Rights-of-Way.
All on-premise signs on residential rights-of-way
shall conform in all respects to the requirements set forth herein
for general rights-of-way, and shall be subject to the following additional
restrictions.
a.
Ground signs
shall not exceed twelve (12) feet in height or seventy-five (75) square
feet in size;
b.
Spectacular
signs shall be prohibited; and
c.
Electrical
signs shall be limited to not more than ten (10) bulbs of one hundred
(100) watts or less, shall be limited to one hundred twenty (120)
volts in the lighting circuit, and may be illuminated only indirectly.
21.4-3
On-Premise
Activity Required.
An on-premise sign must be erected
in connection with an activity or purpose in connection with the activity
being conducted on the premises or it shall be considered an off-premise
sign.
21.4-4
Visibility
Triangle
Within forty-five (45) feet of an intersection,
no part of the face of an on-premise sign shall be lower than a height
of eight (8) feet above the grade level of the nearest street[.]
21.5
Off-Premise
Sign Provisions.
21.5-1
Prohibition
of New Off-Premise Signs.
Effective the date of passage
of this subsection. No new off-premise signs shall be constructed
within the city limits of the City of Katy and no additional off-premise
signs shall be erected within the city limits of the City of Katy.
This prohibition shall apply to all classifications of signs, types
of signs and special function signs, and all other signs used as off-premise
signs, including portable signs, with the exception of off-premise
signs which advertise the sale or rental of real property or direct
persons to the location of real property for sale or rental.
21.5-1-2
Prohibition of CVMS [CEVMS] and Light Emitting Diodes.
From and after the date of adoption of this subsection, no CEVMS
or any sign using light emitting diodes not shielded from view shall
be permitted or allowed within the City of Katy or its extraterritorial
jurisdiction.
21.5-1-3
Prohibition of Inflatable Signs.
All inflatable
signs are prohibited.
21.5-2
Other
Regulations.
Signs lawfully erected and lawfully existing
on the date of final passage of this subsection which are subject
to regulation under provisions of the Texas Highway Beautification
Act, or are subject to regulation under the Federal Highway Beautification
Act, except for the prohibition contained herein forbidding new off-premise
signs, prohibiting CEVMS, and general construction standards adopted
by the City, shall be regulated by the City only to the extent of
the exceptions and to the extent required by and in accordance with
the directives of the appropriate state and federal agencies regulating
such signs.
21.5-3
Visibility
Triangle.
Within forty-five (45) feet of an intersection,
no part of the face of an off-premise sign shall be lower than a height
of eight (8) feet above the grade level of the nearest street.
21.5-4
Abandonment
of Off-Premise Sign Structures.
Any off-premise sign
structure lawfully erected and maintained which has no copy, transcript,
reproduction, model, likeness, image, advertisement or written material
for a period of one hundred twenty (120) consecutive days is hereby
declared to be a violation of this subsection, and as such shall be
restored to use or removed by the owner or permitted [permittee] within
thirty (30) days after notice by the sign administrator of such violation.
If the owner or permittee fails to restore the off-premise sign structure
to use or move the abandoned off-premise sign structure within the
specified thirty (30) days, the owner or person in possession of the
sign shall be deemed in violation of this ordinance and each day shall
constitute a separate violation. No sign shall be restored after the
expiration of the thirty (30) day notice period.
21.6
Exceptions.
21.6-1
If allowed
in the use district where it is to be located, no permit shall be
required under this section for on-premise signs of the following
descriptions, unless any such sign is a spectacular sign or a portable
sign. Any sign listed hereunder shall be erected and maintained in
compliance with the other provisions of the Zoning Ordinance and this
subsection, and in a safe condition in the conformity with the construction
and maintenance standards adopted by the City of Katy.
a.
Signs painted
on glass surfaces or windows or doors:[;]
b.
Wall signs
on the wall of a building relating to the ownership or occupancy of
the building;
c.
Signs erected
by the city, State of Texas (including its political subdivisions,
such as counties and school districts), or the federal government
and the lessees of such governmental entities:[;]
d.
Railroad
signs;
e.
Legal notices
and house numbers;
f.
A sign not
over forty (40) square feet in area setting forth information concerning
a building or other structure under repair or construction or advertising
the sale or rental of the premises;
g.
A non-electrical
ground sign of not over thirty-two (32) square feet in area no closer
than two (2) feet to the curbline, no higher than eight (8) feet,
setting forth the address, name of owner, and the name of business,
provided there shall be no more than one (1) such sign;
h.
Temporary
signs, provided the number of such signs on any premise does not exceed
two (2) in number, and provided such signs are displayed on consecutive
days, and for only a maximum of seven (7) days in any thirty (30)
day period;
i.
Signs otherwise
required by federal, state or local laws;
j.
On-premise
signs setting forth the location of or directions to parking or buildings
located on the premises, or regulating the flow of on-premise traffic.
Such directional signs may be lighted, consistent with the other requirements
for electrical signs in this section and with the requirements of
the Katy City Code;
k.
Signs displayed,
designed or used for or upon motor vehicles;
l.
Signs designed
and used for display upon or with lighter or heavier-than-air craft;
m.
Signs which
are mounted on the face of a building no higher than the roof line
or form an integral part of a canopy or marquee entrance and state
only the street number, name of the proprietor and name of the premises
therein; provided, that the number of such signs shall not exceed
the number of entrances for such premises;
n.
Flags and
banners used on premises where only one (1) business is located and
flags and banners erected by landlords in integrated business developments
(shopping centers) to advertise vacant space for lease; and/or
o.
Three (3)
or fewer ancillary signs at any business location.
p.
Holiday
displays and similar temporary displays erected without advertising,
provided such displays comply with the Fire Prevention Code and rules
and regulations for fire safety promulgated by the fire marshal.
q.
Signs erected
solely for and relating to a public election for a period commencing
sixty (60) days prior to and for ten (10) days following such public
election, provided that such unpermitted signs shall be located on
private property only, shall be constructed of lightweight material,
and shall not exceed fifty (50) square feet in size.
21.6-2
Informational
signs indicating the presence of fraternal organizations, civic organizations
and/or religious denominations or churches within the City of Katy
may be erected pursuant to the regulations of set out in this section,
provided, however, that such signs shall:
a.
Be limited
to the name and/or symbol of such fraternal or civic organization,
or the name and address of the religious denomination or church being
identified as present within the city, and further listing the time
and place of regular meetings of the religious organization, and the
name of the Minister of Religion or Practitioner with whom contact
may be made and the telephone number of such person;
b.
Contain
information identifying more than two (2) such civic or fraternal
organizations and more than two (2) such religious denominations or
churches, it being the intent of this subsection to prohibit separate
signs for each organization or denomination; and
c.
Be located
only within two thousand feet (2,000’) of the city limits and
adjacent to U.S. Highway 90 where it traverses the city.
21.6-3
Informational
signs announcing special events for nonprofit organizations and service
groups may be posted up to twenty-one (21) days after the event. Such
signs do, however, require registration with the city prior to erection
and shall otherwise conform to the ordinances of the City of Katy.
No such signs shall be posted upon public property unless the event
is being sponsored by an organization partially or wholly funded by
public funds or a governmental agency or being sponsored by a group
or organization using publicly owned facilities. No such signs shall
be allowed on a public street. These signs shall not exceed forty
(40) square feet. Street banners shall be allowed, but must be approved
in writing by the city administrator.
21.7
Pre-Existing
Signs.
Every person, business, church, group, organization
or other entity which has a sign on the effective date of this section
shall, within one (1) year, identify each sign located on the premises
and shall furnish a list of such sign or signs to the City of Katy.
All signs must meet the construction and spacing standards contained
in the Code of Ordinances of the City of Katy. All signs located in
districts where such signs are permitted shall be deemed conforming
signs. All signs located in use districts where such signs are not
allowed shall be deemed nonconforming signs and shall be governed
by Section 19 of this Zoning Ordinance.
21.8
Variance.
Where such variance will not be against the public interest
and to avoid unnecessary hardship, the owner of a tract of land wishing
to place a sign thereon or remove a sign therefrom, may obtain a variance
from the Board of Adjustment. The Board of Adjustment however is authorized
only to grant a variance relating to height, size or time allowed
to remove a sign. The Board of Adjustment is not authorized to grant
a variance permitting the placement of a sign in a district where
such sign is not allowed. The procedure for obtaining a variance before
the Board of Adjustment shall be as set out in Section 22 of this
Zoning Ordinance.
(Ordinance 1021 adopted 10/22/92; Ordinance 1042 adopted 8/12/93; Ordinance
1141 adopted 7/8/96; Ordinance 2378, secs. IX, XI, adopted 5/12/08; Ordinance 2460, secs. III–VI,
adopted 12/14/09; Ordinance
2499 adopted 5/23/11; Ordinance 3102 adopted 8/28/2023)
22.1
Creation.
There is hereby created a Board of Adjustment consisting of
five (5) regular members and four alternate members who shall serve
in the absence of one (1) or more regular members when requested to
do so by the mayor. Each member of the Board of Adjustment shall be
appointed by the mayor and confirmed by the city council for a term
of two (2) years or until their successors are appointed and shall
be removable for cause by the mayor and city council upon written
charge and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose position becomes vacant for any
cause in the same manner as the original appointment was made. The
members of the Board of Adjustment heretofore existing shall continue
to serve as members of the board until the terms for which they were
originally appointed expire. Members of the board shall serve without
compensation.
22.2
Proceedings.
The Board of Adjustment shall adopt rules to govern its proceedings,
provided, however, that such rules are not inconsistent with this
ordinance or statutes of the State of Texas. Meetings of the board
shall be held at the call of the chairman and at such other times
as the board may determine. The chairman, or in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the board shall be open to the public. The board shall
keep minutes of its proceedings showing the vote of each member upon
each question, or, if absent or failing to vote, indicate such fact,
and shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the board
and shall be public record.
22.3
Appeal
process.
The appeal shall
be accompanied by a processing fee in the following amount:
(1)
$500.00
appeals of any contested decision involving residential or commercial
structure.
(2)
$200.00
any review of the appeal beyond the initial review by city personnel
either prior to filing or after filing for each review requested.
(3)
$50.00
for a review of appeal made by the owner occupied structure/use made
the basis of the appeal.
22.4
Stay of
Proceeding.
An appeal shall stay all proceedings in furtherance
of the action appealed from unless the officer from whom the appeal
is taken certifies to the Board of Adjustment, after the notice of
appeal shall have been filed with him, that by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed,
otherwise, than by a restraining order which may be granted by the
board or by a court of record upon application after notice to the
officer from whom the appeal is taken and on due cause shown.
22.5
General
Powers.
The Board of Adjustment shall have the following
powers.
22.5-1
To hear
and decide appeals when it is alleged there is an error in any order,
requirement, decision or determination made by an administrative official
in the enforcement of this ordinance. The board must find the following
in order to grant an appeal:
a.
That there
is a reasonable difference of interpretation as to the specific intent
of the zoning regulations or zoning map.
b.
That the
resulting interpretation will not grant a special privilege to one
property inconsistent with other properties or uses similarly situated.
c.
The decision
of the board must be such as will be in the best interest of the community
and consistent with the spirit and interest of the city's zoning laws.
22.5-2
To hear
and decide special exceptions to the terms of this ordinance. The
term “special exception” shall mean a deviation from the
requirements of the Zoning Ordinance, specifically enumerated herein,
which shall be granted only in the following instances, and then only
when the board finds that such special exception will not adversely
affect the value and use of adjacent or neighboring property or be
contrary to the best public interest:
a.
To reconstruct,
extend or enlarge a building occupied by a nonconforming use on the
lot or tract occupied by such building, provided that the reconstruction,
extension, or enlargement does not prevent the return of the property
to a conforming use.
b.
To deviate
yard requirements in the following circumstances:
(1)
An
exception from the front yard requirements where the actual front
yard setback of an abutting lot does not meet the front yard requirement
or a rear yard exception where the actual rear yard setback of any
four (4) or more lots in the same block do not meet the rear yard
requirements of these regulations.
(2)
A yard
exception on corner lots.
(3)
An
exception where the existing front yard setbacks of the various lots
in the same block are not uniform, so that any one of the existing
front yard setbacks shall, for buildings hereafter constructed or
extended, be the required minimum front yard depth.
(4)
An
exception from the minimum front yard requirements for owner identification
signs where a structure existing at the effective date of this ordinance
precludes locating a sign in compliance with the setback regulation.
(5)
An
exception from a minimum interior side yard setback requirement for
owner identification signs for existing businesses which were developed
prior to the effective date of this ordinance, where there is no safe
place to erect a sign in compliance with the minimum setback requirements.
A condition for granting of the exception is that the applicant must
demonstrate that the sign shall not screen or obstruct the view of
an existing sign, building or outdoor display area.
c.
To waive
or reduce off-street parking and loading requirements when the board
finds the same are unnecessary for the proposed use of the building
or structure for which the special exception request applies.
22.5-3
To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said laws will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. The term “variance” shall mean a deviation from the literal provisions of the Zoning Ordinance which is granted by the board when strict conformity to the Zoning Ordinance would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under subsection 22.6 hereof, the board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the board finds that all of the following conditions have been met:
a.
That the
granting of the variance will not be contrary to the public interest;
b.
That literal
enforcement of the ordinance will result in unnecessary hardship because
of exceptional narrowness, shallowness, shape, topography or other
extraordinary or exceptional physical situation unique to the specific
piece of property in question. “Unnecessary hardship”
shall mean physical hardship relating to the property itself as distinguished
from a hardship relating to convenience, financial considerations
or caprice, and the hardship must not result from the applicant or
property owner's own actions; and
c.
That literal
enforcement of the ordinance will result in unnecessary hardship as
applied to a structure. The board may consider the following as grounds
to determine whether compliance with the ordinance as applied to a
structure that is the subject of the appeal would result in an unnecessary
hardship:
(1)
the
financial cost of compliance is greater than 50 percent of the appraised
value of the structure as shown on the most recent appraisal roll
certified to the assessor for the municipality under Section 26.01,
Tax Code;
(2)
compliance
would result in a loss to the lot on which the structure is located
of at least 25 percent of the area on which development may physically
occur;
(3)
compliance
would result in the structure not being in compliance with a requirement
of a municipal ordinance, building code, or other requirement;
(4)
compliance
would result in the unreasonable encroachment on an adjacent property
or easement; or
(5)
the
municipality considers the structure to be a nonconforming structure;
and
d.
That by
granting the variance, the spirit of the ordinance will be observed
and substantial justice will be done.
|
The applicant shall have the burden of proving to the board
that the foregoing conditions have been met.
|
22.6
Use Variance
Prohibited.
No variance shall be granted to permit a
use in a zoning district in which that use is prohibited.
22.7
Additional
Conditions.
The board is empowered to impose upon any
variance or special exception any condition reasonably necessary to
protect the public interest and community welfare.
22.8
Revocation
or Modification.
A variance
or special exception may be revoked or modified for any of the following
reasons:
a.
That the
variance or special exception was obtained or extended by fraud or
deception.
b.
That one
(1) or more of the conditions imposed by the board in granting such
variance or special exception has not been complied with or has been
violated.
c.
That the
variance or special exception, although granted in accordance with
all requirement[s] hereof, has caused a nuisance or is otherwise detrimental
to public health, safety and welfare.
|
An action to revoke or modify a previously granted variance
or special exception may be initiated by order of the city council,
the mayor, any member of the board or the person who obtained the
variance or special exception.
|
|
The Board of Adjustment shall hear a request for the revocation
or modification of a variance or special exception in accordance with
the same notification and hearing procedures established for original
variances and special exceptions.
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22.9
Notification
and Hearing Process.
Any request for an appeal, variance
or special exception shall require a public hearing before the board.
Notice of said hearing shall be published at least one (1) time in
the official newspaper of the City of Katy, at least ten (10) days
prior to the day of the hearing. A written notice of the hearing shall
be sent to owners of property situated within two hundred (200) feet
of the exterior boundary of the property with respect to which such
appeal, variance or exception is requested. It shall be sufficient
that such written notice is addressed to the owner appearing on the
most current tax roll of the city and addressed to such owner at the
address stated on said roll. If no owner is stated on the tax roll,
or no address appears thereon, the written notice to such property
owner shall not be required. Such notice as herein provided shall
be in addition to any and all notices required by state law.
22.10
Action
of the Board.
The concurring vote of four (4) members
of the board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is
required to pass under any such ordinance, or to effect any variation
in such ordinance.
22.11
Appeal
from Decision of Board.
Any person aggrieved by any decision
of the Board of Adjustment, or any officer, department or other board
or commission of the city or the city council, may appeal the decision
or action of the Board of Adjustment by filing a petition for same
in a court of competent jurisdiction, setting forth that such decision
is illegal in whole or in part, and specifying the grounds for the
alleged illegality. Such petition shall be filed with the court within
ten (10) days from the day the board renders its decision, and not
thereafter. The time period set forth herein shall be deemed jurisdictional.
22.12
Reapplication.
No application for a variance, special exception, or appeal
which has been denied shall be again filed earlier than one (1) year
from the date of original denial.
22.13
Validity.
If an application is granted by the board, all permits necessary
for the prosecution of the work must be obtained within ninety (90)
days and construction completed within the time established by the
building code. All previous applications approved by the board for
which building permits have not been issued shall be valid only if
a building permit is obtained within ninety (90) days after receipt
of a written notice of the requirements of this section and construction
must be completed within the time limits set forth in the building
code. Written notice shall be considered received on the date such
notice is mailed to the person, firm or corporation who received the
variance addressed to the address of such person, firm or corporation
as the same shall appear in the records of the City Planning and Zoning
Commission relating to the granting of such application.
(Ordinance 621 adopted 3/24/83; Ordinance 3001 adopted 9/27/21; Ordinance
3014 adopted 1/10/22)
23.1
Creation.
The Planning Commission, created in accordance with an ordinance
of the City of Katy, shall have the duties and responsibilities of
the Zoning Commission provided for in Section 211.007 Local Government
Code, V.T.C.A. (formerly Article 1011f) and shall be the City Planning
and Zoning Commission. The City Planning and Zoning Commission shall
consist of seven (7) members who are resident citizens and qualified
voters of the city. The members of the City Planning and Zoning Commission
shall be appointed by the mayor and approved by the city council for
two (2) year terms or until a successor is appointed. Vacancies shall
be filled for the unexpired term of any member whose position becomes
vacant for any cause in the same manner as the original appointment
was made. The members of the Planning Commission existing on the effective
date of this ordinance shall continue to serve as members of the City
Planning and Zoning Commission until the terms for which they were
originally appointed expire. Thereafter, to provide for staggered
two-year terms of the City Planning and Zoning Commission, following
the next mayor's election, the mayor shall appoint (i) three (3) member[s]
of the City Planning and Zoning Commission to serve a one-year term;
upon expiration of such one-year term the mayor shall appoint three
(3) members whose terms shall expire in two (2) years; (ii) four (4)
members who shall serve for a term of two (2) years. Members of the
City Planning and Zoning Commission shall serve without compensation.
Failure of any regular or alternate member to attend a minimum of
eighty (80) percent of all meetings and workshops of the City Planning
and Zoning Commission during any calendar year shall result in automatic
removal from membership of the City Planning and Zoning Commission.
Excused absences which have been approved by the chairman of the City
Planning and Zoning Commission shall not be counted as absences in
calculating the percentage of attendance.
In addition to the seven (7) members who serve as Zoning Commissioners,
two (2) alternates shall be appointed, to wit: alternate position
number one to be filled by appointment expiring at the regular city
officers election 1988, and alternate position number two to be filled
by appointment expiring at the regular city officers election 1989.
The terms thereafter for such alternates shall be two (2) years. Qualifications
of alternates shall be the same as for regular members. Vacancies
shall be filled as are vacancies among regular members. Alternates
shall not vote on any commission business but may participate in discussion.
Alternates shall have full voting authority as a Zoning Commissioner
when asked by the chairman to fill a vacancy at any meeting of the
City Planning and Zoning Commission created by the absence of any
Zoning Commissioner.
23.1-1
From
time to time in this ordinance and in other ordinances and city communications,
the City Planning and Zoning Commission may, in the interest of time,
be referred to by the abbreviation “CPZ” Commission.
23.2
Proceedings.
The “CPZ Commission” shall adopt rules, regulations
and bylaws to govern its proceedings; provided that such rules shall
not be inconsistent with this section or the laws of the State of
Texas. All meetings of the “CPZ Commission” shall be open
to the public. Four (4) members of the “CPZ Commission”
shall constitute a quorum for the transaction of business.
23.2-1
The existing
Planning Commission of the City of Katy having been incorporated herein
shall be called the City Planning and Zoning Commission, and the ordinance
creating such commission, to the extent it is in conflict with the
procedures, powers, and duties as herein stated, is amended to reflect
such procedures, powers and duties.
23.3
Powers
and Duties.
The “CPZ Commission” shall have
the following powers and duties:
23.3-1
To make
studies and project plans for improvement of the city, with a view
toward its future development and extension, and to recommend to the
city council all matters for the development and advancement of the
city's facilities, layout and appearance, and to perform all duties
imposed upon the “CPZ Commission” by the statutes of the
state.
23.3-2
To make
plans and maps of the whole or any portion of the city and of land
outside the city located within the extraterritorial jurisdiction
of the City of Katy, which, in the opinion of the “CPZ Commission,”
bears a relation to the planning of the city, and to make changes
in, additions to, and extensions of such plans or maps when it deems
same advisable.
23.3-3
To confer
with and advise property owners pertaining to location and erection
of structures in order to promote conformity to the overall city plan.
23.3-4
To aid
and assist the city council in the preparation of budgets and determination
of sources of funds, and in the procuring of financial and other aid
and assistance for the city from the state and federal governments
and their agencies, for each and all of the purposes herein enumerated.
23.3-5
To assist
all other municipal and governmental agencies, and especially the
city council, in formulating and executing proper plans of municipal
development.
23.3-6
To plan
and recommend the location, plan, and extent of city alleyways, viaducts,
bridges, subways, parkways, parks, playgrounds, airports, automobile
parking places and other public properties, and of public utilities,
including bus terminals, railroads, railroad depots, and terminals,
whether publicly or privately owned, for water, lights, sanitation,
sewage, sewage disposal, drainage, flood control, transportation,
communication, marketing, and shipping facilities, power and other
purposes and for the removal, relocation, widening, extension, narrowing,
vacation, abandonment or change of use of any of the foregoing public
places, works, buildings, facilities, or utilities.
23.3-7
To select
and recommend to the city council routes of streets, avenues and boulevards,
and particularly to investigate and recommend the opening, widening,
or abandonment of streets, avenues, boulevards, and alleys or the
changing thereof to conform with the city's system, present and future,
of boulevards, streets, avenues, alleyways, parks and parkways.
23.3-8
To investigate,
consider and report to the city council upon the layout or platting
of new subdivisions of the city or of property situated within the
extraterritorial jurisdiction of the City of Katy and to approve all
plans, plats, or replats of additions within the city limits, or within
the extraterritorial jurisdiction of the City of Katy.
23.3-9
To recommend
to the city council the approval or rejection of subdivisions in accordance
with subdivision ordinances of the City of Katy.
23.3-10
To
conduct a regular comprehensive review of this ordinance, beginning
in March 1994 and in March of every other calendar year thereafter
to determine whether the ordinance has become deficient, obsolete,
or inadequate for any reason including the following:
a.
Defects
in the original text.
b.
Defects
in the Zoning Map.
c.
Deficiencies
created by improper or lax administration and subsequent amendments
to the original ordinance which are inconsistent, conflicting or ambiguous.
d.
Inconsistency
with state statutes or judicial decision.
e.
Failure
to reflect current public opinion and prevailing community values.
f.
Failure
to provide modern zoning concepts and techniques or innovative development
practices.
23.3-11
To hear requests for proposed changes and classifications filed by any interested party when such request is made in writing and accompanied by the appropriate filing fee [as provided in the fee schedule found in appendix A of this code].
23.3-12
All
hearings on requests for amendments, change and classification and
review as above set out shall be public hearings and shall conform
to the notice requirements of Section 211.007, Local Government Code,
V.T.C.A. (formerly Article 1011f) and shall be conducted within thirty
(30) days after receipt of the request by the chairman of the “CPZ
Commission.”
23.3-13
To
recommend any change or modification to the city council which shall
have the right to adopt by ordinance any recommended change.
23.3-14
A public
hearing shall be held by the city council before adopting any proposed
amendment, supplement or change, at which interested parties and citizens
shall have the opportunity to be heard. A notice of the time and place
of such hearing shall be published as required by state law and notice
provided as set out in Section 211.007, Local Government Code, V.T.C.A.,
(Formerly Article 1011f). When the “CPZ Commission” has
recommended a change in zoning together with recommendations as to
requirements as provided herein, the city council shall be at liberty
to either accept, reject, or make other or additional requirements
and any such requirements, at the discretion of the city council to
be made, shall become a part of the ordinance changing the zoning
classification of such property, and such requirements shall be considered
as an amendment to the Zoning Ordinance as applicable to such property.
Such requirements shall not be considered conditions precedent to
the granting of the change in zoning or the granting of building permits
on such property. Such requirements shall be construed as conditions
precedent to the granting of a certificate of occupancy in compliance,
and shall be complied with before a certificate of occupancy may be
issued by the building inspector for the use of [or] occupancy of
the building, land, or structure on such property.
23.3-15
In
case of a protest against such change, signed by the owners of twenty
(20) percent of more either of the area of the lots included in such
proposed change or of those immediately adjacent in the rear thereof
extending two hundred (200) feet therefrom, or of those directly opposite
thereto extending two hundred (200) feet from the street frontage
of such opposite lots, such amendment shall not become effective except
by a favorable vote of four-fifths (4/5) of all the city council.
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Other Department Heads and Officials.
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23.4
Cooperation.
All department heads and officials of the city shall be available
to the “CPZ Commission” for advice and consultation, and
they shall cooperate with and render such services for the “CPZ
Commission” as shall come within the scope of the duties of
such department heads and officials. All such department heads and
officials shall attend meetings of the “CPZ Commission”
upon the request of the “CPZ Commission” or its duly authorized
official or officials.
(Ordinance 621 adopted 3/24/83; Ordinance 841 adopted 7/23/87; Ordinance
1020 adopted 10/22/92; Ordinance 2435, sec. I, adopted 6/8/09)
24.1
Except
as otherwise provided in this ordinance, the building inspector of
the City of Katy shall administer and enforce this ordinance, the
inspection of premises and the issuing of building permits and certificates
of occupancy. No building permit or certificate of occupancy shall
be issued by the building inspector unless the provisions of this
ordinance have been complied with.
24.2
No person
shall erect or construct or proceed with the erection or construction
of any building or structure nor add to, enlarge, move, improve, alter,
repair, convert, extend or demolish any building or structure or cause
the same to be done in any zoned district in the City of Katy without
first applying for and obtaining a building permit therefor. All applications
for such permits shall be in accordance with the requirements of this
ordinance and the Building Code of the City of Katy unless upon written
order of the Board of Adjustment [and] no such building permit or
certificate of occupancy shall be issued for any building where such
construction, addition, alteration or use thereof would be in violation
of the provisions of this ordinance.
24.3
Powers
and Duties of the Building Inspector.
24.3-1
The building
inspector may order work stopped on any building or structure being
constructed in violation of this ordinance and revoke the building
permit theretofore issued by notice in writing served on any person
owning such property or their agent or on any person engaged in the
doing or causing of such work to be done, and any such person shall
forthwith stop and cause to be stopped such work until authorized
by the building inspector to recommence and proceed with the work
or upon issuance of a building permit in cases in which the building
permit has been revoked. Such stop work order and revocation of permit
shall be posted on work being done in violation of this ordinance.
24.3-2
Whenever
any building or portion thereof is being used or occupied contrary
to the provisions of this ordinance, the building inspector shall
order such use or occupancy to be discontinued, and such person shall
vacate such building or portion thereof within ten (10) days after
receipt of such notice or make the building or portion thereof comply
with the requirements of this ordinance.
24.4
Certificate
of Occupancy.
24.4-1
No vacant
land shall be occupied or used except for agricultural purposes, and
no building hereafter erected or structurally altered shall be used
or occupied until a certificate of occupancy shall have been issued
by the building inspector stating that the building or proposed use
thereof complies with the provisions of this ordinance and all other
existing building and sanitation ordinances.
24.4-2
No nonconforming
use shall be maintained, renewed, changed, or extended without certificate
of occupancy having first been issued by the building inspector therefor.
24.4-3
Application
for a certificate of occupancy shall be made in writing coincident
with the application for a building permit, or may be directly applied
for where no building permit is necessary and shall be issued or refused
in writing within five (5) days after the building inspector has been
notified that the building or premises is ready for occupancy.
24.4-4
The building
inspector shall maintain a record of all certificates and copies shall
be furnished upon request to any person having a proprietary or tenancy
interest in the building affected.
24.4-5
No permanent
water, sewer, electrical or gas utility connections shall be made
to the land, building or structure until and after a certificate of
occupancy has been issued by the building inspector.
24.4-6
Upon
request by the owner or authorized representative, the building inspector
may issue a temporary certificate of occupancy for the temporary use
and occupancy of a portion of a building prior to the completion and
occupancy of the entire building provided such temporary occupancy
or use will not in any way or manner jeopardize life or property.
Such temporary certificate may be issued for a period not exceeding
six (6) months. Such temporary certificate shall not be construed
as in any way altering the respective rights, duties or obligations
of the owner in relation to the use or occupancy of the premises,
or in any other matter covered by this ordinance, and such temporary
certificate shall not be issued except under such restrictions and
provisions.
(Ordinance 621 adopted 3/24/83; Ordinance 2435, sec. II, adopted 6/8/09)
25.1
Any person,
firm or corporation in violation of any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in a sum not more than two hundred dollars
($200.00). Each day such violation continues shall constitute a separate
offense.
25.2
In case
any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of the general law or of the terms of
this ordinance, the City of Katy, in addition to imposing the penalty
above provided, may institute any appropriate action or proceedings
in court to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct
or abate such violation, or to prevent the occupancy of such building,
structure or land, to prevent the illegal act, conduct, business or
use, in or about such land; and the definition of any violation of
the terms of this ordinance as a misdemeanor, shall not preclude the
City of Katy from invoking the civil remedies given it by law in such
cases, but same shall be cumulative of and in addition to the penalties
prescribed for such violation.
All rights or remedies of the City of Katy, Texas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments
thereto, of said City of Katy, that have accrued at the time of the
effective date of this ordinance; and as to such accrued violation,
the court shall have all the powers that existed prior to the effective
date of this ordinance; and that all existing violations of previous
zoning ordinances which would otherwise become nonconforming uses
under this ordinance but shall be considered as violations of this
ordinance in the same manner that they were violations of prior zoning
ordinances of said City of Katy.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance.
All ordinances or parts of ordinances in conflict with any of
the provisions of this ordinance are hereby repealed insofar as the
same are in conflict with the provisions hereof.
This ordinance and accompanying Zoning Map on file in the office
of the city secretary shall be in full force and effect from and after
publication in the official newspaper of the City of Katy, Texas as
required by the Katy City Charter. The city secretary is authorized
to publish only the descriptive caption of this ordinance to comply
with the Katy City Charter requirement.
(Ordinance 621 adopted 3/24/83)
