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Katy City Zoning Code

§ 21

SIGN REGULATIONS.

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)