Brownwood City Council approved an amendment to the city’s zoning code Tuesday concerning livestock animals within the city limits and adopted a new zoning district. Several properties were approved for rezoning related to the amendment.
According to City Manager Bobby Rountree and Mayor Stephen Haynes, the ordinance change was initially brought about by complainants from citizens regarding adjacent property owner’s livestock causing foul odors, noise and other nuisances caused by animals in what is zoned a residential neighborhood.
At the council’s July 24th meeting, after a public hearing, council postponed second and third/final action on the then proposed amendments due to comments from several citizens concerned that the ordinance change would come before anyone had a chance to apply for rezoning. As a result, the city’s Planning and Zoning Commission reviewed their actions and recommended the newly created Residential Rural designation and recommended that several pieces of property be rezoned to Agriculture District (A-1).
“I want the public to know that this ordinance was proposed as a direct result of complainants regarding this issue. My perception was that both staff and planning and zoning worked quickly to try to propose a solution and ordinance that made sense with complaints that were being lodged,” said Mayor Haynes. “I also appreciate the planning and zoning commission in taking the time to take a second look at it after we sent it back due to concerns raised by the citizens, and I applaud the citizens raising their concerns and I appreciate everyone making modifications necessary so that the resolutions and ordinances passed with minimal imposition to the people that had voiced concerns.”
The newly created Residential Rural zoning classification for larger residential lots (one acre or greater) was established. According to the new zoning, 1 animal unit per free roaming acre may be kept. An animal unit is described as one head of larger animals (cows, horses, mule burro) or 2 head of smaller animals (sheep, goats, llamas and alpacas) equaling 1 animal unit. For other animals not specifically listed, the animal unit equivalency will depend on the size of the typical adult animal of the species. Offspring are exempt from the animal limitation until reaching the age of 12 months.
The new ordinance as amended eliminates the keeping of livestock in all residential zones (R-1, R-1A, R-1B, R-2, R-3, and MH) and commercial zones of CN, C-U, C-2A and CO. Livestock will still be permitted in zones C-1, C-2 and M-2, and three adult animals per acre in A-1 and Ranchette Subdivisions. Acreage calculations are now changed to “free roaming acres” for these districts, which is defined as those areas where livestock has unrestricted access to the entirety of the acreage. The term animal lot was replaced with “livestock,” meaning domestic animals other than dogs, cats or other household pets. Adequate shelter, fencing, and placement of the pens and shelters as to property lines and street right-of-ways were also addressed. The ordinance also describes cleaning of manure and droppings as well as minimizing any related health hazards which are related to livestock. For complete details of the ordinance in its entirety, please visit the City of Brownwood’s website or call the planning and zoning department.
A resolution was unanimously approved which established a 6 month period for property owners affected by the enactment of the city’s revised animal ordinance to seek rezoning to their property without payment of any applicable zoning application fee (currently $300).
Seven properties were rezoned to A-1 Agricultural District, on first reading, after public hearing during Tuesday’s meeting of the council.
In other matters on Tuesday’s agenda:
*Council approved a transfer of the supervision of the City Marshal from the Municipal Court Judge to the Chief of Police, except during court times. When court is in session, the municipal judge will be responsible for the marshal’s supervision.
*Council approved amending the Code of Ordinance, providing the Zoning Board of Adjustment (ZBA) more latitude in granting sign variances. This amendment grants the ZBA authority to consider variances to front or side yard setbacks and height restrictions without limitations, subject to approval by city council. The ZBA board may not grant a variance from size or spacing requirements.
*A resolution to authorize the publication of a notice of intent to issue Certificates of Obligation totaling $3,440,000 funded through the Texas Water Development Board (TWDB) was approved by the council. This action allows only notification and does not authorize any action to incur the debt at this time, according to City Finance Director Walter Middleton.
*Brownwood City Manager Bobby Rountree reported that the National Night Out event was considered a success. He stated that 34 parties were held throughout the city. Although the number of parties were down for the year, the number of people attending those parties was thought have increased from years past. Many blocks combined their parties in order to have one larger party.
*Council met in executive session to review and evaluate municipal court judge applications.
