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.

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.

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.

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is ample evidence that further development is not contemplated, the ordinance establishing such special permit may be rescinded by the city council, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.

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.

Single-Family Residential use in districts where such use is allowed by special use permit.

Any use of public buildings to be erected or used by the city, county, state or federal government in any district.

Public elementary, junior high and high schools in any district not specifically permitted herein.

Private schools, day nurseries, kindergartens, dancing schools, drama schools, etc., in any district not specifically permitted herein.

Institutions of a religious, educational or philanthropic nature in any district not specifically permitted herein.

Private clubs and community buildings on a site of one (1) acre or more in any district not specifically permitted herein.

Municipal water supply reservoirs, filter beds and filtration plants in any district not specifically permitted herein.

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.

Temporary commercial amusement enterprises such as circuses, driving ranges, miniature golf courses, and rodeos in any district not specifically permitted herein.

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 feet (50') 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:

Motels and tourist courts in Districts "C-1" and "C-2".

Drive-in theaters in any "C-2" or "M" District on sites of ten (10) acres or more.

Drive-in restaurants, refreshment stands, etc. where persons are served in their automobiles, in any commercial district.

Dog kennels and veterinary hospitals in any "C-1" [,] "C-2" or "M" District.

Auto wrecking yards and junkyards, in an "M" District, if enclosed within a solid fence or screen, at least six (6) feet high.

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.

Sexually Oriented Businesses shall be allowed only in 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 three (3) years after the date of adoption.

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:

Heavy Industrial uses in an "M" District, including but [include but are] not limited to the following uses:

Battery Energy Storage System (BESS) uses in an "M" District.

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.

That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;

That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

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;

That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;

That there is sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and

That the proposed use is in accordance with the comprehensive plan.