Neighborhood Conservation Districts

What is a Residential – Neighborhood Conservation (R-NC) zoning district?

In April 2006, the Bryan City Council approved an ordinance creating a new zoning classification, Residential – Neighborhood Conservation District. The R-NC District is a residential zoning classification intended primarily for low-density residential uses. Other residential zoning classifications allow up to four (4) individuals that are not related to each other (by blood, marriage or adoption) to occupy a single-family dwelling. In R-NC Districts, only two (2) individuals that are not related to each other (by blood, marriage or adoption) can legally live in a single-family dwelling.

Below are some frequently asked questions to help you understand what this zoning classification means, and how you might or might not be affected.

If you have more questions regarding an application for R-NC zoning, you may contact the Development Services Department at planning@bryantx.gov or call (979) 209-5030. You may also visit the department’s offices on the first floor of the Municipal Office Building, 300 South Texas Avenue, Monday – Friday, 8:00 a.m. – 12 p.m. and 1p.m – 5:00 p.m. No appointment is needed.

What is the Zoning Ordinance?

The Zoning Ordinance is part of the City of Bryan’s Code of Ordinances and provides for the division of land into different zoning districts and regulates the type, scale and intensity of development which may occur in those districts. Land uses in each district are regulated according to type, density, height, lot size, and placement and other development standards.

What is the intent of R-NC zoning districts?

The R-NC Districts are intended to help preserve, protect and enhance the character of established residential Bryan neighborhoods. At least 51 percent of the land area in R-NC zoning districts must be developed.

Does R-NC affect all of Bryan?

No. Only properties zoned R-NC District are subject to the standards of this zoning classification, which limits the number of individuals not related to each other (by blood, marriage or adoption) that may live in a single-family dwelling to two.

Will students currently residing in Bryan neighborhoods have to move out if their neighborhood is rezoned R-NC District?

No. The number of individuals not related to each other (by blood, marriage or adoption) living in a single-family dwelling on the day that the property is rezoned to R-NC District may continue to live there for as long as they want. Only if one individual moves out and no new individual moves in within 12 months, then the number of individuals not related to each other allowed to live in that particular single-family dwelling is reduced by one (e.g., from 4 to 3 or from 3 to 2), unless the property or premises is/are advertised for sale or lease and actively marketed.

It is important to remember that under no circumstances should more than 4 individuals that are not related to each other (by blood, marriage or adoption) live in a single-family dwelling anywhere in Bryan.

How will individuals wanting to rent or lease property in Bryan know how many individuals can live in a particular house?

To check the zoning classification on a particular property, citizens may use the City’s online map service, email Development Services at planning@bryantx.gov, call (979) 209-5030, or visit the Development Services Department offices on the first floor of the Municipal Office Building, 300 South Texas Avenue, Monday – Friday, 8:00 a.m. – 12 p.m. and 1p.m – 5:00 p.m. No appointment is needed.

How is a property rezoned to R-NC District?

Rezoning property requires an action (approval of an ordinance) by Bryan’s City Council. Property owners may make an application to change the zoning of a single-family residential lot or subdivision to R-NC District. In cases where an entire subdivision (or subdivision phase) is requested to be rezoned to R-NC District, at least 58 percent of the property owners within that subdivision (or subdivision phase) must sign a petition indicating their support for such a rezoning. All rezoning requests are first considered by Bryan’s Planning and Zoning Commission during a public hearing at which interested citizens may come forward to speak for or against a request. Following the public hearing, the Commission makes a recommendation to the City Council.

With a recommendation from the Planning and Zoning Commission, rezoning requests are forwarded to the City Council. City Council then holds its own public hearing at which interested citizens may come forward to speak for or against a request. Following the public hearing, City Council may approve, approve with modifications, or deny the proposed rezoning.

For questions regarding an application for R-NC zoning, contact the Development Services Department at planning@bryantx.gov or call (979) 209-5030. You may also visit the department’s offices on the first floor of the Municipal Office Building, 300 South Texas Avenue, Monday – Friday, 8:00 a.m. 12 p.m. and 1p.m – 5:00 p.m. No appointment is needed.

How can I get my neighborhood rezoned to R-NC District?

Requests to rezone individual lots to R-NC District follow the ordinary rezoning procedure described in Sections 130-42(d.) thru (j.) of the City of Bryan Zoning Ordinance.

The following describes the procedure for cases where property owners of a platted subdivision (or subdivision phase) desire to apply for R-NC zoning. Please also refer to Section 130-42(c.) of the City of Bryan Zoning Ordinance.

1. Designate one individual as point of contact for the rezoning application (“circulator”).

2. Obtain an application packet here or contact the Development Services Department at planning@bryantx.gov or call (979) 209-5030. You may also visit the department’s offices on the first floor of the Municipal Office Building, 300 South Texas Avenue, Monday – Friday, 8:00 a.m. 12 p.m. and 1p.m – 5:00 p.m. No appointment is needed.

3. Identify the name of the platted subdivision or subdivision phase for which R-NC District zoning is desired. You may visit the City’s GIS map service or the Brazos County Appraisal District’s website. Development Services staff will also be happy to assist you with this.

4. Obtain a list of property owners for the subdivision or subdivision phase from the Brazos County Appraisal District. Please note that at least 51 percent of the land area in the proposed R-NC District must be presently improved, as identified by the Brazos County Appraisal District.

5. Mail copies of the “Residential Neighborhood Conservation District Rezoning Petition Verification Response Form” and Ordinance No. 1585 (which established the R-NC zoning classification) to all property owners (100%) in the subdivision or subdivision phase. Copies of the petition form and Ordinance No. 1585 are included in the application packet. Please note that the application form is in English on one side and in Spanish on the other side and must be reproduced that way.

Property owners who wish to return petition forms must sign them before a Notary Public. Petition forms must be returned with at least one side of the petition form (either in English or in Spanish) completely filled out (no blanks).

6. The circulator must collect all returned petition forms. Please note that an affirmative vote of the owners of at least 58 percent of the lots of record within the platted subdivision or within a single phase/section of a platted subdivision is required before the subsequent steps can be completed. Please note that signatures affixed to a petition for R-NC zoning cannot be more than 180 days old at the time of filing the petition with the City Secretary’s Office.

7. When the circulator is ready to submit the petition for R-NC zoning, he/she must submit the following documents to the City Secretary’s Office on the third floor of the Municipal Office Building, 300 South Texas Avenue, Monday – Friday, 8:00 a.m. 12 p.m. and 1p.m – 5:00 p.m.

I. A completed rezoning application form. Please note that the $550 application fee ordinarily required in conjunction with rezoning requests does not apply for rezoning requests under Ordinance No. 1585.
II. A completed affidavit, sworn to before a Notary Public, that the circulator mailed petition forms (in both English and Spanish) and a copy of Ordinance No. 1585 to 100 percent of the property owners located in the area sought to be rezoned.
III. All retuned petition forms.

Examples of all these documents are included in the application packet. Circulators should call the City Secretary’s Office at (979) 209-5002 to schedule an appointment for filing a petition for R-NC zoning. The filing is a legal process and requires both the circulator and City Secretary or his/her designee to be present for the filing process.

8. Upon verifying application completeness, the City Secretary’s Office will forward the rezoning application and supporting documents to the Development Services Department for processing.

9. The rezoning request will then be processed like any other rezoning request. All rezoning requests are first considered by Bryan’s Planning and Zoning Commission during a public hearing at which interested citizens may come forward to speak for or against a request. Following the public hearing, the Commission makes a recommendation to the City Council.

10. With a recommendation from the Planning and Zoning Commission, rezoning requests are forwarded to the City Council. City Council then holds its own public hearing at which interested citizens may come forward to speak for or against a request. Following the public hearing, City Council may approve, approve with modifications, or deny the proposed rezoning.

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