In response to public concern, MPC staff initiated this petition (File No. 18-001926-ZA) to revise the Cuyler-Brownville demolition and relocation standards to remove the “stay of demolition or relocation” requirement from the ordinance. On May 1, 2018, the Cuyler-Brownville Neighborhood Association held a meeting for the MPC staff to present the proposed text amendment.

On April 24, 2018, the Planning Commission voted to recommend approval of this petition to amend the Zoning Ordinance.

The Cuyler-Brownville Ordinance was adopted in 1998 through a recommendation within the 1997 Cuyler-Brownville Neighborhood Redevelopment Plan “to enhance the livability and quality of life in the neighborhood.”

The current standards for demolition and relocation within the Cuyler-Brownville Ordinance are very weak in comparison to demolition standards in other historic district ordinances. If the Visual Compatibility Officer or the Metropolitan Planning Commission denies a request for demolition or relocation, the demolition or relocation can proceed after a six-month stay. The proposed ordinance revision removes the “stay of demolition or relocation” provisions.

The revisions to the demolition and relocation standards protect historic buildings from unnecessary demolition and relocation. Taking no action leaves many buildings unprotected especially with regard to demolition.

The Planning Commission recommends approval of the following revision to Sec. 8-3029(H)(3)(b):

1. Within 15 working days of receipt of the application, the VCO shall approve, deny, or recommend it to the MPC for a public hearing.
2. An application denied by the VCO shall automatically trigger a stay of demolition or relocation for six months from the date of denial in order to allow public notice in accordance with subsection H.4.a. The VCO shall notify the applicant, in writing, stating the reason(s) why it has been denied.
3. Applications to be heard by the MPC shall be accompanied by a recommendation from the VCO in the form of a staff report. Upon notice of a request for the MPC review, the application will be scheduled for a MPC meeting. Any decision by the VCO or MPC shall be provided to the applicant, in writing, within five (5) working days.
4. Upon the expiration of the six month stay of demolition or relocation, a demolition permit shall be granted if the application has not been withdrawn, or other mitigative efforts have not been approved.

Approval