For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ORDINARY REPAIRS. Nonstructural reconstruction or renewal of any part of an existing building for the purpose of its maintenance or decoration, which shall include, but not be limited to, the replacement or installation of nonstructural components of the building, such as the roofing, siding, windows, storm windows, insulation, drywall or lath and plaster, or any other replacement, in kind, that does not alter the structural integrity, alter the occupancy or use of the building, or affect by rearrangement, exitways and means of egress.

(1999 Lou. Code, § 158.03) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Am. Ord. No. 215-1993, approved 10-14-1993; Lou. Metro Am. Ord. No. 265-2007, approved 11-126-2007)

   (A)   Pursuant to KRS 82.660 through 82.670, the following Districts are established:

      (1)   Core-Broadway Overlay District;

      (2)   Main-Market Overlay District;

      (3)   East-West Downtown Overlay District;

      (4)   Waterfront View Overlay District;

      (5)   South Fourth Street Retail District.

   (B)   The boundaries of the districts shall be as described in Appendix A and as illustrated in Appendix B, both of said exhibits attached to this chapter (as may be amended from time to time).

   (C)   The distinctive characteristics of each district are described in Appendix C, attached to this chapter.

   (D)   The Guidelines for the District are included as Appendix D to this Chapter (as may be amended from time to time).

   (E)   Additional downtown districts may be identified in accordance with the provisions of KRS 82.660 - 82.670.

(1999 Lou. Code, § 158.01) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. 162-2013, approved 9-18-2013)

   (A)   Upon the effective date of this chapter, within the Districts, no person shall commence any Development Activity as defined in this chapter without obtaining a Permit issued pursuant to the procedures set forth in this chapter certifying compliance with the applicable District Guidelines established pursuant to this chapter.

   (B)   The Guidelines, as amended on the effective date of this chapter and incorporated as Appendix D to this chapter, are enacted, and may be updated or amended from time to time upon the recommendation of the Committee and with the approval of the Metro Council. The Guidelines are not intended to discourage development or to dictate architectural design or style, but to encourage such development that contributes to the overall urban design quality of the downtown and of each District. These Guidelines and the distinctive characteristics for each District shall be the basis for evaluating applications for development proposals as applicable within each District as follows:

      (1)   All principles which are part of the Guidelines for a particular District, must be addressed before a Permit may be issued.

      (2)   The Urban Design Administrator or Committee, as authorized respectively under this chapter, may determine that a Guideline should not be applied in evaluating a development application upon making findings of fact pursuant to this chapter for each such Guideline that:

         (a)   The particular location characteristics of the site or existing structure, make the Guidelines inappropriate for purposes of reviewing the application; or

         (b)   The applicant has demonstrated that the application addresses distinctive characteristics of the District not reflected in the Guidelines which are applicable and which provide an additional or alternative basis for determining conformance with the District.

      (3)   Upon making a determination that a development application concerns a site which is located in sufficient proximity to one or more other Districts and that it shares some of the characteristics of such nearby District or Districts, the Urban Design Administrator or the Committee, as authorized respectively under this chapter, may consider the applicable Guidelines. However, a development application shall not be required to satisfy all of the Guidelines in the other Districts in order to demonstrate compliance.

      (4)   If a development application involves a phased project, the Urban Design Administrator or the Committee, as authorized respectively under this chapter may, as a condition of approval of a Permit for the first phase or phases, require landscaping, fencing, lighting and such other interim treatments as the Urban Design Administrator or the Committee may determine appropriate for the undeveloped portion of the phased project.

   (C)   The Guidelines are intended to promote compatibility of new development with existing land use and design features, to enhance the Districts’ visual quality, to preserve the Districts’ commercial character with a pedestrian-friendly environment and to strengthen the economic vitality of the Districts by encouraging new investment and further business, residential and commercial development in appropriate locations within the Districts.

   (D)   The application of the Guidelines is intended, in the public interest, to provide public review of the design elements of a proposed development within the District and of the community impact of a proposed demolition of a Contributing Historical Structure within the District. Accordingly, public participation should be encouraged in the review process.

   (E)   The Guidelines are not intended to discourage development but to encourage development which is innovative and aesthetically pleasing in design. A development proposal that does not conform to one or more specific Guidelines may be approved if it is determined that the proposal is in conformance with the intent of the Guidelines considered as a whole.

   (F)   It shall be a condition precedent to obtaining any Permit for any Development Activity within a District that the person has obtained a Permit pursuant to this section. Permits shall be issued only where it is determined, pursuant to the procedures established by this chapter, that the proposed Development Activity is in compliance with the Guidelines for the District.

   (G)   No application to demolish any Contributing Historical Structure or Structure more than 65 years old shall be approved by the Urban Design Administrator unless the applicant demonstrates to the satisfaction of the Urban Design Administrator and the Louisville Metro Historic Preservation Officer:

      (1)   That the rehabilitation of the Structure or construction of a new Structure will have a greater positive impact upon the District’s economic vitality and appearance than the preservation of the Structure proposed to be demolished and that the rehabilitation of the Structure or the construction of the new Structure would not be possible or economically feasible without the demolition of the Structure proposed to be demolished; or

      (2)   That the applicant cannot obtain a reasonable economic return from the property or Structure unless the Contributing Historical Structure or Structure more than 65 years old is demolished in accordance with the application.

(1999 Lou. Code, § 158.02) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Am. Ord. No. 215-1993, approved 10-14-1993; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   There is created a Committee of 11 members, to be known as the Downtown Development Review Overlay District Committee. The duties of the Committee shall be as outlined in § 162.05.

   (B)   The Committee shall consist of a member of the Landmarks Commission, the Director of the Louisville Metro Planning Commission or a representative of the Louisville Metro Planning Commission, a member of the Metro Council or an alternate member who shall attend meetings of the Committee when the member of the Metro Council is unable to attend appointed by the President of the Metro Council, and the following members appointed by the Mayor, with the approval of the Metro Council:

      (1)   One architect.

      (2)   One architect or one landscape architect.

      (3)   One member of the Mayor’s Committee on Public Amenities.

      (4)   Five members who shall be downtown property owners, downtown business persons or downtown residents, provided that at least one of whom shall be a representative of the Board of the Downtown Development Corporation, and at least one of whom shall be a downtown resident.

   (C)   All members appointed by the Mayor shall be residents of the county or owners of properties or businesses in downtown and shall serve for a term of three years, or until their successors are appointed. Members shall serve at the pleasure of the Mayor. Any vacancy shall be filled in the same manner as the original appointment.

(1999 Lou. Code, § 158.05) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Metro Am. Ord. No. 15-2003, approved 2-28-2003; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   The duties and responsibilities of the Committee shall be as follows:

      (1)   Meet with applicants for nonexpedited development projects to review their applications; and

      (2)   Prepare, pursuant to the procedures set forth in this chapter, final findings of fact and conclusions on nonexpedited development applications to issue a Permit, issue the Permit with conditions, or deny the Permit; and

      (3)   Review decisions of the Urban Design Administrator on expedited development applications upon request of the applicant pursuant to this chapter; and

      (4)   Recommend to the Metro Council amendments to the Guidelines as provided in this chapter based on experience in reviewing applications and the need to preserve the distinctive characteristics of the Districts.

   (B)   The Committee shall establish a schedule of regular meetings and may hold special meetings upon the call of the Chair.

   (C)   One member of the Committee shall be elected by a majority of the Committee as the Chair and he shall preside at all meetings of the Committee. The Committee may elect a Vice-Chair to preside at meetings when the Chair is absent. The Chair shall serve for a one-year term and shall be eligible for re-election.

   (D)   A quorum of the Committee shall be a majority of the members of the Committee. The concurring vote of a majority of the members present shall be necessary to take action on a Permit application.

   (E)   No member of the Committee may participate in the hearing or disposition of any matter in which that member has any conflict of interest, as defined by Chapter 21 of this Code of Ordinances.

   (F)   The Committee shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.

(1999 Lou. Code, § 158.06) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   The responsibility for administering and implementing this chapter is delegated to the Division of Planning and Design Services, Department of Codes and Regulations, or its successor, whose Urban Design Administrator, staff and Director shall have the following duties and responsibilities pursuant to this chapter:

      (1)   Classify all Development Activity in accordance with § 162.07 of this chapter as: (a) exempt; (b) expedited, or (c) nonexpedited;

      (2)   Coordinate review of Permit applications with the Department of Public Works and Assets, the Department of Codes and Regulations, and other departments, divisions, agencies, commissions or boards;

      (3)   Lead staff review of expedited development applications;

      (4)   Prepare, pursuant to the procedures set forth in this chapter, written findings of fact and conclusions to support his or her decision or recommendation on expedited and non-expedited development applications to issue a Permit, issue a Permit with conditions, or deny a Permit; and

      (5)   Serve as staff to the Committee in its consideration of applications classified as nonexpedited and those expedited applications appealed to the Committee pursuant to this chapter.

   (B)   Director. The duties of the Director shall be to review the decisions of the Urban Design Administrator and the Committee as provided in this chapter. The Director, whenever the Urban Design Administrator is unable to perform his or her duties and responsibilities under this chapter, may assign the duties and responsibilities of the Urban Design Administrator to another employee or contractor of the Division of Planning and Design Services or its successor.

(1999 Lou. Code, § 158.04) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   The following development activities shall be exempt from review under the Guidelines and the provisions of this chapter:

      (1)   Ordinary repairs;

      (2)   Removal of existing signage without replacement;

      (3)   Temporary signage installed for a period of less than two months, during which time an application for permanent signage is pending under this chapter;

      (4)   Emergency repairs ordered by a Metro Government Building Code enforcement official in order to protect health and safety;

      (5)   Alterations or major structural change only to the interior of the structure;

      (6)   Development Activity which falls within the jurisdiction of the Louisville/Jefferson County Landmarks Commission;

      (7)   Demolition of accessory structures;

      (8)   Temporary structures;

      (9)   Maintenance of existing signage advertising an on-site business, including but not limited to rewording or replacing sign panels.

   (B)   All Development Activity within the Districts established by this chapter, except for exempt activities described in subsection (A) of this section shall be classified pursuant to the procedures set forth in this chapter as either requiring expedited or nonexpedited review under the Guidelines, as follows:

      (1)   The following development activities shall be subject to expedited review:

         (a)   Landscaping;

         (b)   Sidewalk/street paving, lighting, streetscape furnishings, banners;

         (c)   New awnings, business and other signs, and replacement of structural elements of existing signs;

         (d)   Exterior alterations which are not major structural changes; and

         (e)   An addition to a Structure used for commercial purposes which is not visible from the public street and which does not increase the total square footage of floor space in the Structure by more than 10%.

      (2)   All other development activities shall be subject to nonexpedited review.

(1999 Lou. Code, § 158.07) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Am. Ord. No. 215-1993, approved 10-14-1993; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   No Permit or certificate of occupancy shall be issued by any Metro Government agency for any Development Activity within a District unless a Permit for such Development Activity has been obtained pursuant to this chapter.

   (B)   An application for Development Activity within a District shall be submitted to the Division of Planning and Design Services or its successor on a form provided by the Division. The application shall include at least the following information, unless waived pursuant to subsection (C) of this section:

      (1)   A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed development in the context of property lines, adjacent structures, trees, streets, sidewalks, and the like.

      (2)   Plans, elevations and other drawings, drawn to appropriate scale, as may be necessary to fully explain all proposed Structures or alterations to Structures.

      (3)   Details of urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed Development Activity.

   (C)   Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (B) of this section. The preliminary review shall be conducted by the Urban Design Administrator to determine if the minimal requirements for acceptance of the application have been met. The Urban Design Administrator may agree to waive certain requirements set out in subsection (B) of this section if he or she determines that such requirements are not necessary for review of the application pursuant to this chapter. An applicant whose proposal has been determined to require nonexpedited approval, may seek a preliminary review of his or her development proposal by the Committee.

   (D)   After determining that an application is complete, the Urban Design Administrator shall classify the development proposal as either exempt, or not exempt, requiring either expedited or nonexpedited approval. The Urban Design Administrator may classify an application as requiring nonexpedited review even if the proposed Development Activity meets the definition for expedited review if he or she determines that the application would be more appropriately considered by the Committee.

   (E)   A Permit application classified as requiring expedited approval shall be reviewed by the Urban Design Administrator who shall prepare a written decision supported by findings of fact which shall approve the Permit, approve the Permit with conditions, or deny the Permit. An applicant, within ten days of the date of the decision of the Urban Design Administrator on a proposal requiring expedited review, may request appeal of the application to the Committee. The application shall be reviewed as provided in subsection (F) of this section for applications classified as requiring nonexpedited approval. The Committee shall provide notice of the appeal in accordance with the notice procedures outlined for a non-expedited review, and shall consider the application at its next regularly scheduled meeting for which notice can be provided.

   (F)   A Permit application classified as requiring a nonexpedited approval shall be reviewed by the Committee. The Permit application shall be reviewed by the Urban Design Administrator in accordance with the Guidelines and forwarded to the Committee with the Urban Design Administrator’s written recommendation to either approve the Permit, approve the Permit with conditions, or to deny the Permit.

   (G)   Where an application requiring non-expedited review will also require a Category 3 review or a variance as defined by the Land Development Code, the Committee shall provide a forum for the public hearing component of that review in accordance with the following procedures.

      (1)   Notice for the Category 3 review or variance shall be sent in accordance with the requirements of the Land Development Code and any applicable state statutes.

      (2)   The Planning Commission, in the case of a Category 3 review, or the Board of Zoning Adjustment, in the case of a variance, shall designate a hearing officer in accordance with that body’s Policies and Procedures who shall attend the Committee meeting at which the review will take place.

      (3)   A staff report outlining the issues involved in the Category 3 review or variance shall be presented by appropriate staff member in the Division of Planning and Design Services in addition to the staff report presented by the Urban Design Administrator.

      (4)   Final action on the Category 3 review or variance shall be taken at the next regularly scheduled meeting of the body with the authority to take such action on the proposal.

   (I)   At the meeting scheduled to review the application, the Committee shall first hear a description of the proposed Development Activity and receive preliminary comments and a recommendation from the Urban Design Administrator, which shall indicate which of the Guidelines apply to the proposed Development Activity. Following the Urban Design Administrator’s presentation, the applicant shall present such information as he or she chooses for the Committee’s consideration. The Committee shall receive testimony or written comments from other parties.

   (J)   The Committee shall, by majority vote of the members present, make a decision, supported by written findings of fact, which shall approve the Permit, approve the Permit with conditions, deny the Permit, or defer consideration of the application until the next meeting of the Committee. Consideration of an application shall not be deferred more than one time. If the Committee defers consideration of an application it shall state the reason for such deferral. Findings of fact made by the Committee shall be based on the information presented in each application and at each Committee meeting, and shall support the Committee’s written conclusion.

   (K)   The Director shall review all decisions of the Urban Design Administrator and the Committee and may, within three business days, refer any application back to the Urban Design Administrator or the Committee, as appropriate, if he or she determines the decision is not adequately supported by the findings of fact. The Committee shall consider and render a final decision upon the remanded application at its next regularly scheduled meeting.

   (L)   The Committee and the Urban Design Administrator shall, in their decision making capacities, make written findings of fact based upon the information presented in each application and at each Committee meeting which support written conclusions that the proposed Development Activity is or is not in compliance with the Guidelines.

   (M)   If, after an applicant has obtained a Permit, the development proposal is amended, he or she shall submit the amended development proposal to the Urban Design Administrator, who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the Urban Design Administrator that the amended proposal requires review, the previously issued Permit shall be suspended pending the review of the amended development proposal.

   (N)   Any applicant who is denied a Permit shall have a right of appeal to the Circuit Court in accordance with applicable state statutes.

(1999 Lou. Code, § 158.08) (Lou. Ord. No. 233-1992, approved 12-28-1991; Lou. Am. Ord. No. 215-1993, approved 10-14-1993; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   No certificate of occupancy shall be issued for any project undertaken pursuant to a Permit unless the work has complied with the conditions established by the Permit. The filing of an application to obtain a Permit pursuant to this chapter shall constitute an agreement by the applicant that he or she will undertake the Development Activity in conformity with the plans approved by the Permit and that he or she will abide by any conditions imposed by a conditional approval of the Permit. All conditions imposed by a Permit shall be binding on the applicant, his or her successors, heirs or assigns, unless otherwise amended or released by the Committee or Urban Design Administrator. All work performed pursuant to a Permit shall conform to the Permit and all conditions imposed thereby. It shall be the duty of the Division of Inspections, Permits and Licenses or the Department of Public Works and Assets, or their successors, as appropriate, to inspect from time to time any work performed pursuant to the Permit to assure compliance. In the event work is performed not in accordance with the Permit, the Director of the Department of Codes and Regulations, appropriate designee of the Division of Inspections, Permits and Licenses or the Department of Public Works and Assets, or their designated representatives or successors, shall issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on the project as long as the stop work order shall continue in effect.

(1999 Lou. Code, § 158.09) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CONTRIBUTING HISTORICAL STRUCTURE. A structure located within a National Register Historic District and which has not been determined by the United States Secretary of Interior to be noncontributing or a structure which is listed on the National Register of Historic Places, or which is eligible for such designation.

   ORDINARY REPAIRS. Nonstructural reconstruction or renewal of any part of an existing building for the purpose of its maintenance or decoration, which shall include, but not be limited to, the replacement or installation of nonstructural components of the building, such as the roofing, siding, windows, storm windows, insulation, drywall or lath and plaster, or any other replacement in kind, that does not alter the structural integrity, alter the occupancy or use of the building, or affect by rearrangement, exitways and means of egress.

(1999 Lou. Code, § 158.20) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   Pursuant to KRS 82.660 through 82.670, the Bardstown Road/Baxter Avenue Corridor Review Overlay District is established.

   (B)   The boundaries of the District shall be as illustrated in Appendix E to this chapter (as may be amended from time to time).

   (C)   The distinctive characteristics of the District are described in Appendix F to this chapter.

   (D)   The Guidelines for the District are included as Appendix G to this chapter (as may be amended from time to time).

(1999 Lou. Code, § 158.20) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   Upon the effective date of this chapter, within the District, no person shall commence any Development Activity as defined in this chapter without obtaining a Permit issued pursuant to the procedures set forth in this chapter certifying compliance with the applicable Overlay District Development Review Guidelines established pursuant to this chapter.

   (B)   The Guidelines, attached as Appendix G hereto, are enacted. The Guidelines may be updated or amended from time to time upon a recommendation of the Committee and with the approval of the Metro Council. The Guidelines are not intended to discourage development or to dictate architectural style or design, but to encourage such development that contributes to the overall design quality of the District. These Guidelines and the distinctive characteristics for the District shall be the basis for evaluating applications for development proposals as applicable within the District as follows:

      (1)   All principles which are part of the Guidelines for a particular District must be addressed before a Permit may be issued.

      (2)   The Urban Design Administrator or Committee, as authorized respectively under this chapter, may determine that a guideline should not be applied in evaluating a development application upon making findings of fact pursuant to this chapter for each such guideline that:

         (a)   The particular location characteristics of the site or existing structure, make the Guidelines inappropriate for purposes of reviewing the application; or

         (b)   The applicant has demonstrated that the application addresses distinctive characteristics of the District not reflected in the Guidelines which are applicable and which provide an additional or alternative basis for determining conformance with the District.

      (3)   Upon making a determination that a development application concerns a site which is located in sufficient proximity to one or more other Districts and that it shares some of the characteristics of such nearby District or Districts, the Urban Design Administrator or the Committee, as authorized respectively under this chapter, may consider the applicable Guidelines. However, a development application shall not be required to satisfy all of the Guidelines in the other Districts in order to demonstrate compliance.

      (4)   If a development application involves a phased project, the Urban Design Administrator or the Committee, as authorized respectively under this chapter may, as a condition of approval of a Permit for the first phase or phases, require landscaping, fencing, lighting and such other interim treatments as the Urban Design Administrator or the Committee may determine appropriate for the undeveloped portion of the phased project.

   (C)   The Guidelines are intended to promote compatibility of new development with existing land use and design features, to enhance the District’s visual quality, to preserve the District’s commercial character with a pedestrian friendly environment and to strengthen the economic vitality of the District by encouraging new investment and further business and commercial development, in appropriate locations within the District.

   (D)   The application of Guidelines is intended, in the public interest, to provide public review of the design elements of a proposed development within the District and of the community impact of a proposed demolition of a Contributing Historical Structure within the District. Accordingly, public participation shall be encouraged in the review process.

   (E)   A development proposal that does not conform to one or more specific Guidelines may be approved if it is determined that the proposal is in conformance with the intent of the Guidelines considered as a whole.

   (F)   It shall be a condition precedent to obtaining any Permit for any Development Activity within the District that the person has obtained a Permit pursuant to this chapter. Permits shall be issued only where it is determined, pursuant to the procedures established by this chapter, that the proposed Development Activity is in compliance with the Guidelines.

   (G)   No application to demolish any Contributing Historical Structure or Structure more than 65 years old shall be approved by the Urban Design Administrator unless the applicant demonstrates to the satisfaction of the Urban Design Administrator and the Louisville Metro Historic Preservation Officer:

      (1)   That the rehabilitation of the Structure or construction of a new Structure will have a greater positive impact upon the District’s economic vitality and appearance than the preservation of the Structure proposed to be demolished and that the rehabilitation of the Structure or the construction of the new Structure would not be possible or economically feasible without the demolition of the Structure proposed to be demolished; or

      (2)   That the applicant cannot obtain a reasonable economic return from the property or Structure unless the Contributing Historical Structure or Structure more than 65 years old is demolished in accordance with the application.

(1999 Lou. Code, § 158.22) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   There is created a Committee of eight members, to be known as the Bardstown Road/Baxter Avenue Corridor Review Overlay District Committee. The duties of the Committee shall be as outlined in § 162.24.

   (B)   The Committee shall consist of a staff member or Commissioner of the Louisville Metro Planning Commission, a Commissioner of the Louisville/Jefferson County Historic Landmarks and Preservation Commission, and a member or representative of a neighborhood association, which bounds or includes the District. Two members shall be licensed architects, landscape architects or other design professionals, three members shall own, rent, operate or manage businesses located within the District, or shall be members of an association of businesses which include businesses in the District. All members of the Committee shall be residents of the county and shall have knowledge of or experience in design review. The members shall be appointed by the Mayor, with the approval of the Metro Council.

   (C)   A member shall serve for a three year term or until his successor qualifies and shall be eligible for reappointment in accordance with the applicable provisions of this Code of Ordinance. Members shall serve at the pleasure of the Mayor. A vacancy shall be filled in the same manner as the original appointment.

(1999 Lou. Code, §158.24) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 16-2003, approved 2-28-2003; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   The duties and responsibilities of the Committee shall be as follows:

      (1)   Meet with applicants for nonexpedited development projects to review their applications.

      (2)   Prepare, pursuant to the procedures set forth in this chapter, final findings of fact and conclusions on nonexpedited development applications to issue a Permit, issue the Permit with conditions, or deny the Permit.

      (3)   Review decisions of the Urban Design Administrator on expedited development applications upon the request of the applicant pursuant to this chapter.

      (4)   Review Development Activity referred to the Committee by the Board of Zoning Adjustment pursuant to § 162.29 of this chapter.

      (5)   Recommend to the Metro Council, as provided for in this chapter, amendments to the Guidelines based on experience in reviewing applications and the need to preserve the distinctive characteristics of the District.

   (B)   The Committee shall establish a schedule of regular meetings and may hold special meetings upon the call of the Chair.

   (C)   One member of the Committee shall be elected by a majority of the Committee as the Chair and he or she shall preside at all meetings of the Committee. The Committee may elect a Vice-Chair to preside at meetings when the Chair is absent. The Chair shall serve for a one year term and shall be eligible for re-election.

   (D)   A quorum of the Committee shall be a majority of the members of the Committee. The concurring vote of a majority of the members present shall be necessary to take action on Permit application.

   (E)   No member of the Committee may participate in the hearing or disposition of any matter in which that member has any conflict of interest, as defined by Chapter 21 of this Code of Ordinances.

   (F)   The Committee shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.

(1999 Lou. Code, § 158.25) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   The responsibility for administering and implementing this chapter is delegated to the Division of Planning and Design Services, Department of Codes and Regulations, or its successor, whose Urban Design Administrator, staff and Director shall have the following duties and responsibilities pursuant to this chapter.

      (1)   Classify all Development Activity in accordance with § 162.26 of this chapter as (a) exempt, (b) expedited, or (c) nonexpedited.

      (2)   Coordinate review of Permit applications with the Department of Public Works and Assets, the Department of Codes and Regulations, and other departments, divisions, agencies, commissions or boards.

      (3)   Lead staff review of expedited development applications.

      (4)    Prepare, pursuant to the procedures set forth in this chapter, written findings of fact and conclusions to support his or her decision or recommendation on expedited and non-expedited development applications to issue a Permit, issue a Permit with conditions, or deny a Permit.

      (5)   Serve as staff to the Committee in its consideration of applications classified as nonexpedited and those expedited applications appealed to the Committee pursuant to this chapter.

(1999 Lou. Code, § 158.23) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   The following Development Activities shall be exempt from review under the Guidelines and the provisions of this chapter.

      (1)   Ordinary repairs;

      (2)   Removal of existing signage without replacement;

      (3)   Temporary signage, installed for a period of less than two months, during which time an application for permanent signage is pending under this chapter.

      (4)   Emergency repairs ordered by a Metro Government Building Code enforcement official in order to protect health and safety;

      (5)   Alterations or major structural change only to the interior of a Structure;

      (6)   Development activity which falls within the jurisdiction of the Louisville/Jefferson County Landmarks Commission;

      (7)   Demolition of accessory Structures;

      (8)   Temporary Structures;

      (9)   Maintenance of existing signage advertising an on-site business, including but not limited to rewording or replacing non-internally-illuminated sign panels;

      (10)   Exterior alteration, addition or repair of a Structure used as a single-family residence which does not increase the number of dwelling units in the Structure or does not increase the total square footage of floor space in the structure by more than 20%.

   (B)   All Development Activity within the District established by this chapter, except for exempt activities described in subsection (A) of this section shall be classified pursuant to the procedures set forth in § 162.27 of this chapter as either requiring expedited or nonexpedited review under the Guidelines, as follows:

      (1)   The following Development Activities shall be subject to expedited review:

         (a)   Landscaping;

         (b)   Sidewalk/street paving, lighting, streetscape furnishings, banners;

         (c)   New awnings, business and other signs and replacement of structural elements of existing signs, and the replacement of sign panels for internally illuminated signs;

         (d)   Exterior alterations which are not major structural changes.

         (e)   An addition to a Structure used for commercial purposes which is not visible from the corridor and which does not increase the total square footage of floor space in the Structure by more than 10%.

      (2)   All other development activities shall be subject to nonexpedited review.

(1999 Lou. Code, § 158.26) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 28-2011, approved 2-14-2011)

   (A)   No Permit or certificate of occupancy shall be issued by any Metro Government agency for any Development Activity within the District unless a Permit for such Development Activity has been obtained pursuant to this chapter.

   (B)   An application for Development Activity within the District shall be submitted to the Division of Planning and Design Services or its successor on a form provided by the Division. The application shall include at least the following information, unless waived pursuant to subsection (C) of this section:

      (1)   A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed Development Activity in the context of property lines, adjacent structures, trees, streets, sidewalks, and the like.

      (2)   Plans, elevations and other drawings, drawn to appropriate scale, as may be necessary to fully explain all proposed Structures or alterations to existing Structures.

      (3)   Details of urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed Development Activity.

   (C)   Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (B) of this section. The preliminary review shall be conducted by the Urban Design Administrator to determine if the minimal requirements for acceptance of the application have been met. The Urban Design Administrator may agree to waive certain requirements set out in subsection (B) of this section if he or she determines that such requirements are not necessary for review of the application pursuant to this chapter. An applicant whose proposal has been determined to require nonexpedited approval may seek a preliminary review of his or her proposal by the Committee.

   (D)   After determining that an application is complete, the Urban Design Administrator shall classify the development proposal as either exempt or not exempt, requiring either expedited or nonexpedited approval. The Urban Design Administrator may classify an application as requiring nonexpedited review even if the proposed Development Activity meets the definition for expedited review if it determines that the application would be more appropriately considered by the Committee.

   (E)   A Permit application classified as requiring expedited approval shall be reviewed by the Urban Design Administrator, who shall prepare a written decision supported by findings of fact which shall approve the Permit, approve the Permit with conditions, or deny the Permit. An applicant, within ten business days of the date of the decision of the Urban Design Administrator on a proposal requiring expedited review, may request appeal of the application to the Committee. The application shall be reviewed as provided in subsection (F) of this section for applications classified as requiring nonexpedited approval. The Committee shall provide notice of the appeal in accordance with the notice procedures outlined for a nonexpedited review, and shall consider the application at its next regularly scheduled meeting for which notice can be provided.

   (F)   An application classified as requiring nonexpedited approval shall be reviewed by the Committee. The Permit application shall be reviewed by the Urban Design Administrator in accordance with the Guidelines and forwarded to the Committee with the Urban Design Administrator’s written recommendation to either approve the Permit, approve the Permit with conditions, or to deny the Permit.

   (G)   Where an application requiring non-expedited review will also require a Category 3 review or a variance as defined by the Land Development Code, the Committee shall provide a forum for the public hearing component of that review in accordance with the following procedures.

      (1)   Notice for the Category 3 review or variance shall be sent in accordance with the requirements of the Land Development Code and any applicable state statutes.

      (2)   The Planning Commission, in the case of a Category 3 review, or the Board of Zoning Adjustment, in the case of a variance, shall designate a hearing officer in accordance with that body’s Policies and Procedures who shall attend the Committee meeting at which the review will take place.

      (3)   A staff report outlining the issues involved in the Category 3 review or variance shall be presented by appropriate staff member in the Division of Planning and Design Services in addition to the staff report presented by the Urban Design Administrator.

      (4)   Final action on the Category 3 review or variance shall be taken at the next regularly scheduled meeting of the body with the authority to take such action on the proposal .

   (H)   Notice. The applicant shall be sent, by first class mail, written notice of the date, time and location of the meeting of the Committee at which his application shall be considered. Notice of the application and of the date, time and location of the meeting of the Committee shall also be sent by first class mail to all First Tier Property Owners of record, and to any business associations or neighborhood associations which have requested in writing to receive such notices. The notice shall be sent no later than ten days prior to the date of the meeting. Notice procedures for applications involving a Category 3 or variance component pursuant to subsection (G) of this section shall be in accordance with the notice requirements for such reviews set forth in the Land Development Code and any applicable state statutes.

   (I)   At the meeting scheduled to review the application, the Committee shall first hear a description of the proposed Development Activity and receive preliminary comments and a recommendation from the Urban Design Administrator which shall indicate which of the Guidelines apply to the proposed Development Activity. Following the Urban Design Administrator’s presentation, the applicant shall present such information as he or she chooses for the Committee’s consideration. The Committee shall receive testimony or written comments from other parties.

   (J)   The Committee shall, by majority vote of the members present, make a decision, supported by written findings of fact, which shall approve the Permit, approve the Permit with conditions, deny the Permit, or defer consideration of the application until the next meeting of the Committee. Consideration of an application shall not be deferred more than one time. If the Committee defers consideration of an application it shall state the reasons for such deferral. Findings of fact made by the Committee shall be based on the information presented in each application and at each Committee meeting and shall support the Committee’s written conclusion.

   (K)   The Director shall review all decisions of the Urban Design Administrator and the Committee, and may, within three business days, refer any application back to the Urban Design Administrator or Committee, as appropriate, if he or she determines the decision is not adequately supported by findings of fact. The Committee shall consider and render a final decision upon a remanded application at its next regularly scheduled meeting.

   (L)   The Committee and the Urban Design Administrator shall, in their decision-making capacities, make written findings of fact based upon the information presented in each application and at each Committee meeting which support the written conclusion that the proposed Development Activity is or is not in compliance with the Guidelines.

   (M)   If, after an applicant has obtained a Permit, the development proposal is amended, he or she shall submit the amended development proposal to the Urban Design Administrator, who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the Urban Design Administrator that the amended proposal requires review, the previously issued Permit shall be suspended pending the review of the amended development proposal.

   (N)   Any applicant who is denied a Permit shall have a right of appeal to the Circuit Court in accordance with applicable state statutes.

(1999 Lou. Code, § 158.27) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   No certificate of occupancy shall be issued for any project undertaken pursuant to a Permit unless the work has complied with the conditions established by the Permit. The filing of an application to obtain a Permit pursuant to this chapter shall constitute an agreement by the applicant that he or she will undertake the Development Activity in conformity with the plans approved by the Permit and that he or she will abide by any conditions imposed by a conditional approval of the Permit. All conditions imposed by a Permit shall be binding on the applicant, his or her successors, heirs or assigns, unless otherwise amended or released by the Committee or Urban Design Administrator.

   (B)   All work performed pursuant to a Permit shall conform to the Permit and all conditions imposed thereby. It shall be the duty of the Division of Inspections, Permits and Licenses or the Department of Public Works and Assets, or their successors, as appropriate, to inspect from time to time any work performed pursuant to the Permit to assure compliance. In the event work is performed not in accordance with the Permit, the Director of the Department of Codes and Regulations, or the Director of the Department of Public Works and Assets, or their designated representatives or successors, shall issue a stop work order and all work shall cease. No person, firm, or corporation shall undertake any work on the project as long as the stop work order shall continue in effect.

(1999 Lou. Code, § 158.28) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   Pursuant to the Land Development Code, the Board of Zoning Adjustment may attach conditions in addition to those listed in connection with a particular use when granting Conditional Use Permits, if it finds that such conditions are necessary for the protection of surrounding persons, property or neighborhood values. This Metro Council finds that the application of the Guidelines to properties located outside the District but contiguous thereto is necessary to protect the properties and neighborhoods within the District. The Board of Zoning Adjustment is directed to apply the Guidelines to development activities undertaken upon properties contiguous to the District when Conditional Use Permits are required for such development activities. The Board of Zoning Adjustment is authorized to request the Committee to review such requests for Conditional Use Permits and to consider the recommendations of the Committee when establishing the conditions of such Conditional Use Permits.

(1999 Lou. Code, § 158.22) (Lou. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   (1)   Pursuant to KRS 82.660 through 82.670, the Waterfront Review Overlay District (the “District”) is created in order to provide additional regulations for design standards and development for the District.

      (2)   The boundaries of the District shall be as set forth in Appendix A to this chapter.

      (3)   The distinctive characteristics of the District are as follows: The ambiance of the Louisville Waterfront District is created by a variety of physical characteristics. Protecting and enhancing each characteristic will contribute to the desired appearance and experience of the District. The defining characteristic in the District is proximity to the river, especially the location of public space along the river’s edge. The District’s proximity to downtown is also unique. The area’s image is enhanced by brick buildings on Main Street, as well as the mix of commercial, residential and park land uses within the District. Tree-lined roadways encourage a “parkway” feel for those who travel the area. Concrete, asphalt and water paths connect Waterfront Park in all directions to other Districts and neighborhoods. This accessibility to the park is a major component of the District’s character. Harmony between landscape materials and building materials is also important to the image of the District. Signage, other stand-alone features, and accessory structures support the District but are not significant to the character of the District.

   (B)   Description of boundaries. The Waterfront Review Overlay (WRO) District, for the purpose of design reviews by the Waterfront Development Corporation, shall be considered to consist of distinct sub-areas with boundaries, which are incorporated by reference thereto and made a part of this subchapter.

      (1)   Area A-1: Downtown (CBD) waterfront area. Consistent with the W-1 and C-3 zoning, the intent is to achieve a high degree of public use with parks, hotels, public assembly areas, high density residential areas, and river theme retail commercial uses. The character envisioned is an urban district with hard-edged landscape and streetscape treatment, especially pedestrian oriented for day and night use with continuous public access to the water’s edge.

   The design context for buildings along each block must be carefully considered with each proposal. New construction should be compatible with the historic character of the area in terms of design and materials. Projects may derive inspiration from the historical architecture of the area or propose contemporary design as “contrast” to better define new and old. Such contemporary designs shall thoughtfully employ quality materials, architectural style and composition to support the high level of design and pedestrian experience in the area.

   Along Rowan Street new construction is encouraged to rise above the floodwall elevation to take advantage of park views and add passive security. Buildings should be designed to activate the streetscape and encourage interaction.

      (5)   Area C-1: The balance of C-1 is primarily zoned W-3 with the intent of providing river-oriented industry a location for operation. Public access to the river’s edge is preferred, but it is understood that safety, security or other business needs may make river edge access impractical. The key design issues for the area include the visual relationships of proposed development (height and mass) to River Road, to area C-2 south of River Road, and to vistas from I-64, I-71 and the river. Circulation and access impacts on the proposed River Road Parkway are also important issues. Industrial development proposed within the W-3 area, of the WRO district, shall receive a decreased level of review. Specifically, design criteria relating to the district’s image will only apply to the areas visible from River Road and to a lesser degree from the Ohio River. Once it is determined that, by virtue of its “interior” location, a development proposal does not impact the district’s image, notice will be given the applicant to proceed.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires otherwise.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   The Waterfront Development Corporation shall review any developmental activity within the waterfront review overlay district as provided in §§ 162.40 through 162.48. The review by the Corporation is limited to the policies and standards established in §§ 162.40 through 162.48 and shall not include any consideration of whether the use is appropriate under the zoning regulations.

   (B)   The Board shall review all plans for conformity with the design standards established in § 162.48, and, in addition, shall consider whether the developmental activity is compatible with the overall scheme of development for the waterfront area. In making that determination, the Board shall be guided by the following policy statements of basic goals and concepts for the Waterfront Review District:

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   (A)   On and after the effective date of this subchapter no person shall make any alteration to a structure or building or undertake new construction as defined in § 162.41 within the District without obtaining a permit issued, pursuant to the procedures set forth in § 162.46 certifying compliance with the applicable design standards for the district as set forth in § 162.48.

   (B)   The purpose of the district is to control development within the district in order to:

      (1)   Protect waterfront property as a valuable asset to the community in terms of quality of life and economic development;

      (2)   Protect public investment in the waterfront area;

      (3)   Create a character in the waterfront area that will stimulate private investment within the area;

      (4)   Enhance and encourage public enjoyment and use of waterfront scenic qualities and river activities;

      (5)   Encourage high quality development that is attractive to the public and enhances the waterfront’s appearance; and

      (6)   Encourage development that is sensitive to the area’s unique environmental qualities.

   (C)   The establishment of the district shall not be deemed to repeal or in any respect alter the provisions and requirements of the Floodplain Management Ordinance.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   Responsibility for administering and implementing the guidelines is delegated to the Corporation, whose staff and Board shall have the following duties and responsibilities pursuant to this subchapter:

      (1)   Classify all Development Activity in accordance with § 162.45 as:

         (a)   Exempt;

         (b)   Expedited; or

         (c)   Nonexpedited.

      (2)   Coordinate review of permit applications with other agencies, commissions or boards, as determined to be appropriate by the Overlay District Administrator.

      (3)   Review expedited development applications.

      (4)   For expedited development applications, issue a WRO Permit, issue a WRO Permit with conditions, or deny a WRO Permit pursuant to the procedures set forth in § 162.46.

      (5)   Serve as staff to the Board in its consideration of applications classified as nonexpedited.

   (B)   The Overlay District Administrator may seek the advice of a body made up of persons possessing professional architectural or urban design expertise for review of applications as he deems necessary.

   (C)   The Board shall have the following duties and responsibilities with respect to applications for WRO Permits:

      (1)   Meet as needed with applicants for nonexpedited development projects to review their applications;

      (2)   For nonexpedited development applications, issue a WRO Permit, issue a WRO Permit with conditions, or deny a WRO Permit pursuant to the procedures set forth in § 162.46;

      (3)   Review decisions of the Overlay District Administrator on expedited development applications upon request of the applicant pursuant to § 162.46;

      (4)   Recommend to the Metro Council amendments to the guidelines as needed.

      (5)   The Board shall provide not less than five days written notice to the Butchertown Neighborhood Association (the “Association”) of any meeting of the Board where one or more agenda items concerns property located within the boundaries of the Butchertown Neighborhood as defined by the Metro Planning Commission. The Association shall designate in writing to the Board the name, mailing address, and telephone or fax numbers of a representative for purposes of receiving notice under this section on behalf of the Association.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   (A)   The following development activities shall be exempt from review under the guidelines:

      (1)   Ordinary repairs;

      (2)   Removal of existing signage without replacement;

      (3)   Temporary signage or structures, to be installed for a period not to exceed 30 days;

      (4)   Emergency repairs ordered by a Metro Building Code enforcement official in order to protect health and safety;

      (5)   Alterations or major structural change only to the interior of a structure, unless visible from outside building; and

      (6)   Demolition of an accessory structure, including but not limited to unconnected garages or storage sheds, billboards, fences or retaining walls.

   (B)   All Development Activity within the District, except for exempt activities described in subsection (A) shall be classified as either requiring expedited or nonexpedited review under the guidelines, as follows:

      (1)   The following development activities shall be subject to expedited review:

         (a)   Landscaping;

         (b)   Sidewalk or street paving, lighting, streetscape furnishings, and banners;

         (c)   Signage; and

         (d)   Exterior alterations which are not major structural changes.

      (2)   The following development activities shall be subject to nonexpedited review:

         (a)   New construction;

         (b)   Major structural change;

         (c)   Parking facility development or redevelopment; and

         (d)   Demolition of a non-accessory structure.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   (A)   It shall be a condition precedent to obtaining any permit for any Development Activity within the District that the person has obtained a WRO Permit pursuant to this section. A WRO Permit shall be issued only where it is determined, pursuant to the procedures established by this subchapter, that the proposed Development Activity is in compliance with the guidelines.

   (B)   No permit or certificate of occupancy shall be issued by any Metro Agency for any Development Activity within the District unless a WRO Permit for such Development Activity has been obtained pursuant to this subchapter.

   (C)   An application for a Development Activity within the District shall be submitted to the Overlay District Administrator. The application shall include at least the following information, unless waived pursuant to subsection (D):

      (1)   A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed development in the context of property lines, adjacent structures, streets, sidewalks, etc.;

      (2)   Plans, elevations and other drawings, drawn to appropriate scale, as may be necessary to fully explain all proposed structures or alterations to structures; and

      (3)   Details or urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed development.

   (D)   Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (C). The preliminary review shall be conducted by the Overlay District Administrator to determine if the minimal requirements for acceptance of the application have been met. The Overlay District Administrator may agree to waive certain of the requirements set out in subsection (C) if he or she determines that such requirements are not necessary for review of the application pursuant to this subchapter.

   (E)   The Overlay District Administrator shall classify the development proposal as either exempt, or not exempt, requiring either expedited or nonexpedited approval.

   (F)   A WRO Permit application classified as requiring expedited approval shall be reviewed by the Overlay District Administrator who shall, after review of the application and following resubmissions if appropriate, prepare a written decision which shall approve the WRO Permit, approve the WRO Permit with conditions, or deny the WRO Permit. An applicant, within five days of receipt of the decision of the Overlay District Administrator on a proposal requiring expedited review, may request appeal of the application to the Board. The application shall be reviewed as provided in subsection (G) for applications classified as requiring non-expedited approval, except that the Board shall consider the application at its next regularly scheduled meeting following the request, provided that such request is made not later than seven working days prior to the meeting.

   (G)   A WRO Permit application classified as requiring a non-expedited approval shall be reviewed by the Board. The permit application shall be reviewed by the Overlay District Administrator in accordance with the guidelines and forwarded to the Board with the Overlay District Administrator’s written recommendation to either approve the WRO Permit, approve the WRO Permit with conditions, or deny the WRO Permit.

   (H)   The applicant shall be notified of the date, time and location of the meeting of the Board at which his or her application shall be considered.

   (I)   At the meeting scheduled to consider the applicant’s WRO Permit request, the Board shall consider recommendations of the Overlay District Administrator and such other information as the applicant chooses to present for the Board’s consideration.

   (J)   The Board, by majority vote of the members present, shall approve the WRO Permit, approve the WRO Permit with conditions, deny the WRO Permit, or defer consideration of the application until the next meeting of the Board.

   (K)   If, after an applicant has obtained a WRO Permit, the development proposal is amended, he or she shall submit the amended development proposal to the Overlay District Administrator who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the Overlay District Administrator that the amended proposal requires review, the previously issued WRO Permit shall be suspended pending the review of the amended development proposal.

   (L)   Any applicant who is denied a WRO Permit shall have a right of appeal to the Jefferson Circuit Court.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   The filing of an application to obtain a WRO Permit pursuant to this subchapter shall constitute an agreement by the applicant that he or she will undertake the Development Activity in conformity with the plans approved by the WRO Permit and that he or she will abide by any conditions imposed by a conditional approval of the WRO Permit. All conditions imposed by a WRO Permit shall be binding on the applicant, his or her successors, heirs or assigns, unless otherwise amended or released by the Board or Overlay District Administrator.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   The Waterfront Development Corporation, in interpreting the design standards established by this subchapter shall consider the following design principles:

   (B)   The following general standards shall apply in the WRO District.

         (a)   Maintaining and improving views of the river is desired. Structures should be designed to allow views of the river from adjacent streets; massing and placement of buildings should maximize a cone of vision that includes a view of the riverfront and does not obscure the view from other developments.

         (b)   Treatment of river edges should be visually appealing from the river vantage point as well as from the shore.

         (a)   Continuity of landscape concept and harmony between development parcels is expected.

         (b)   Design concept, materials selection, and detailing of public spaces should have a harmony and unity expressive of an overall scheme. In the absence of a detailed “master” site plan, the Corporation shall look for overall continuity and theme among projects.

         (d)   Surface areas used for parking should be landscaped to partially screen such areas from view from access streets, freeways, adjacent properties, and from the waterfront. Parking structures should include perimeter landscaping. Berms (in combination with plantings or low walls) screening parking are appropriate and desired, with variations in contours achieving either a natural or cultivated appearance as best relates to the land use it adjoins.

         (e)   When the top level of parking structures is used for parking and is readily seen from public streets or residential or hotel structures, rooftop landscape treatment shall be reviewed for its design quality.

         (f)   In highly visible surface parking lots, use of alternative surfaces such as paving blocks or “grass-crete” is encouraged.

         (g)   Where landscaping is selected for screening purposes, the seasonal density and buffering capabilities of selected plan material shall be reviewed. Seasonal variety of color and form should be an important consideration in the choice of materials for aesthetic intent.

         (a)   Pedestrian systems and street crossings that encourage trips on foot, particularly from the downtown to the waterfront area, should be provided.

         (b)   The quality of the sidewalk environment should be enhanced by means of appropriate landscaping, lighting, graphics, street furniture, and design; concrete paving in compliance with the CBD sidewalk standards, or finish material such as brick or stone pavers, should be provided.

         (c)   Internal pedestrian circulation systems should coordinate with the parkway plans and river’s edge plans and standards for walks, bikeways, jogging trails, and other movement systems or patterns.

         (d)   Parking lots, storage areas and similar uses should be located away from the river’s edge and on unobtrusive sites. In areas characterized by buildings along the street line, parking lots should be located behind or on the side of buildings, whenever possible.

         (e)   Designated public pedestrian access ways between River Road and the river’s edge should be encouraged.

         (f)   The public river walkway should be continued along the river’s edge throughout the District. Its design should be sensitive to the character of the surrounding waterfront development.

         (g)   The pedestrian systems (walks, jogging trails) and bicycle paths should be developed along the parkway and in accordance with plans for River Road.

         (h)   Public transit service, through access to TARC routes, should be provided and should include shelters and waiting areas for appropriate group sizes, in public and private developments.

         (a)   The use of unfinished common concrete block, cinder block, or corrugated panel as the main facing material for exterior walls is discouraged.

         (b)   Construction should be of quality finish materials such as brick, stone masonry, and

architectural concrete and should be in harmony with the surrounding character of the waterfront development.

         (c)   Simulated materials such as conventional residential vinyl and aluminum siding should be avoided.

         (d)   Predominant exterior colors should be of natural materials or those that are complimentary and harmonious to the character of the surrounding waterfront development.

         (e)   Bright colors should not dominate but may be permitted as a compatible accent.

         (f)   Large areas of blank walls (including parking garage frontage) should be avoided. Pedestrian and active-use areas at street level are encouraged. Special treatment with screening, landscaping, and the like, is desired where such conditions are unavoidable.

         (g)   When the first or street level of a structure is used for parking, storage, or is a vacant area, appropriate treatment of masonry, finish material, screening, or landscaping should be provided to minimize unsightliness.

         (h)   Mechanical equipment or utility equipment located on the exterior of a building should be appropriately screened from public view or designed as an integral part of the overall exterior appearances the building facade.

         (i)   Service areas, refuse collection areas, storage areas, and loading docks should be located away from or screened from public view.

         (a)   Projects which provide for adaptive reuse of historic buildings and sites eligible for the National Register of Historic Places are encouraged.

         (b)   All buildings are recognized as products of their own time. Contemporary design is encouraged except where such design would clearly detract from the design compatibility within a group of historically significant structures. Alterations, additions, and new developments should be sympathetic to and harmonious with the historic context, and not seek to mimic an earlier style.

         (c)   The distinguishing original qualities of a property should not be diminished through alteration or removal of distinctive architectural features. When replacing original material, new material should be complementary in composition, design, color, texture, and other visual qualities.

         (d)   If cobblestones are located within the proposed development, they are to be collected and either reincorporated into the project’s design or given to the city. Cobblestones are considered historical artifacts and are the property of the city. Cobblestones are best used on vertical surfaces.

         (a)   Exterior lighting should enhance the site and building design.

         (b)   Specialized lighting is permitted to accent landscape features.

         (c)   Lighting should be restrained to prevent excessive brightness and undue glare on adjacent properties, roadways, and the river.

         (d)   Lighting levels and color shall be designed in consideration of the overall effect on patterns, repetition, focal points, and rhythm within the panorama of the waterfront.

         (a)   All utility services (telephone, electrical, cable, and the like) are encouraged to be installed underground.

         (b)   Utility components required to be above ground (transformers, meters, and the like) shall either be screened by landscaping or decorative wall or located in the most inconspicuous location possible.

         (a)   Retaining walls should be faced with masonry or other decorative screening or landscaping to minimize the blank appearance of such walls.

         (b)   Fence and rail design should be compatible with the surrounding character of the waterfront development.

         (c)   Proposed fencing should not limit physical or visual access to the waterfront, except where necessary for safety or security. Fencing material visible from publicly accessible areas should compliment surrounding architectural materials; chain link fencing is inappropriate in these areas.

         (d)   When determined that screening is necessary, fencing, if used as screening, shall be solid, and shall include vegetation. To the extent possible, landscaping used for screening shall form a complete year-round opaque screen.

         (a)   A flood control system shall be integrated within the development’s design. Physical and visual barriers to the waterfront are discouraged.

         (b)   The design of lower levels, exposed to flood elevations, shall be integrated with the structure so it will not be unsightly or unrelated to either the habitable portion of the building or the surrounding landscape.

         (a)   Signs should be designed to enhance the area’s visual appeal and ability to attract the public. The size, height, number and design of signs shall be reviewed for their ability to achieve these goals as well as their impact on traffic safety.

         (b)   In general, attached signs should be designed to fit within the architectural space intended for signage and not cover architectural features.

         (c)   Signs seen in relation to other signs should be designed to be compatible in location, shape, style, graphics, size, material, illumination, and color. Uniformity should be maintained in certain characteristics while other characteristics should be varied to permit individual expression and identification.

         (d)   Outdoor advertising signs (billboards), pennants, streamers and temporary signs are not appropriate in the Waterfront area except for special events, building openings, and the like which shall be subject to expedited review under § 162.45(B)(1).

   (C)   The following standards shall apply only within the WRO sub-areas:

      (1)   Standards specific to Areas A-1, A-2, and A-3:

         (a)   Strong access connections between Main Street and the waterfront should be maintained.

         (b)   The urban grid of streets and sidewalks should be extended into the areas in a logical and appropriate manner to achieve a physical and perceptual relationship between the waterfront and surrounding areas.

         (c)   Individual buildings and structures should be situated in relation to the existing urban grid and historic context.

      (2)   Standards specific to Area B: Dock construction should be developed to meet recreational needs, with floating docks using pillings designed as an integral part of the overall appearance. Covered slips should not be permitted for the typical boat slips.

      (3)   Standards specific to Area C-1:

         (a)   Landscape and/or siting shall screen industrial and other uses from River Road and the river’s view.

         (b)   Chain link fence may be used for security reasons but shall be sufficiently landscaped where visible from public areas and the river.

   (D)   The Corporation, or any body to which it has delegated responsibility for technical reviews of development plans under this subchapter may adopt additional standards consistent with the policies and standards established herein for the purpose of interpreting and supplementing the policies and standards established by this subchapter.

(Lou. Metro Ord. No. 66-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007; Lou. Metro Am. Ord. No. 194-2018, approved 10-30-2018)

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   (A)   Pursuant to KRS 82.650 through 82.670, the NuLu Review Overlay District is established.

   (B)   The boundaries of the District shall be as illustrated on Appendix H to this chapter (as may be amended from time to time).

   (C)   The distinctive characteristics of the District are described in Appendix I to this chapter.

   (D)   The guidelines for the District are included as Appendix J to this chapter (as may be amended from time to time).

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015)

   (A)   Upon the effective date of this subchapter, within the District, no person shall commence any development activity as defined in this subchapter without obtaining a permit issued pursuant to the procedures set forth in this subchapter certifying compliance with the applicable overlay district development review guidelines established pursuant to this subchapter.

   (B)   The guidelines, set forth in Appendix J of this chapter, are enacted. The guidelines may be updated or amended from time to time upon a recommendation of the Committee and with the approval of the Metro Council. The guidelines are not intended to discourage development or to dictate specific architectural style or design, but to encourage such development that contributes to the overall design quality of the District. These guidelines and the distinctive characteristics for the District shall be the basis for evaluating applications for development proposals as applicable within the District as follows:

      (1)   All principles which are part of the guidelines for a particular District must be addressed before a permit may be issued.

      (2)   The Urban Design Administrator or Committee, as authorized respectively under this subchapter, may determine that a guideline should not be applied in evaluating a development application upon making findings of fact pursuant to this subchapter for each such guideline that:

         (a)   The particular location characteristics of the site or existing structure, make the guidelines inappropriate for purposes of reviewing the application; or

         (b)   The applicant has demonstrated that the application addresses distinctive characteristics of the District not reflected in the guidelines which are applicable and which provide an additional or alternative basis for determining conformance with the District.

      (3)   Upon making a determination that a development application concerns a site which is located adjacent to another overlay district or local preservation district and that it shares some of the characteristics of the other district, the Urban Design Administrator or the Committee, as authorized respectively under this subchapter, may consider the other district’s applicable guidelines. However, a development application shall not be required to satisfy all of the guidelines in the other districts in order to demonstrate compliance.

      (4)   If a development application involves a phased project, the Urban Design Administrator or the Committee, as authorized respectively under this subchapter may, as a condition of approval of a permit for the first phase or phases, require landscaping, fencing, lighting and such other interim treatments as the Urban Design Administrator or the Committee may determine appropriate for the undeveloped portion of the phased project.

   (C)   The guidelines are intended to promote compatibility of new development with existing land use and design features, to enhance the District's visual quality, to preserve the District's commercial character with a pedestrian friendly environment and to strengthen the economic vitality of the District by encouraging new investment and further business and commercial development, in appropriate locations within the District.

   (D)   The application of guidelines is intended, in the public interest, to provide public review of the design elements of a proposed development within the District and of the community impact of a proposed demolition of a contributing historical structure within the District. Accordingly, public participation shall be encouraged in the review process.

   (E)   A development proposal that does not conform to one or more specific guidelines may be approved if it is determined that the proposal is in conformance with the intent and objectives of the District. In the event a guideline is not met, the Urban Design Administrator or the Committee, as authorized respectively under this subchapter, may impose a condition(s) of approval on a permit that mitigates the deficiency, such as a condition to exceed the minimum requirements of another guideline or to meet a guideline that is not mandatorily required.

   (F)   It shall be a condition precedent to obtaining any permit for any development activity within the District that the person has obtained a permit pursuant to this subchapter. Permits shall be issued only where it is determined, pursuant to the procedures established by this subchapter, that the proposed development activity is in compliance with the guidelines.

   (G)   No application to demolish any contributing historic structure or structure more than 50 years in age shall be approved unless the applicant demonstrates to the satisfaction of the Urban Design Administrator/Committee and the Louisville Metro Historic Preservation Officer:

      (1)   That the rehabilitation of the structure or construction of a new structure will have a greater positive impact upon the District’s economic vitality and appearance than the preservation of the structure proposed to be demolished; and that the rehabilitation of the structure or the construction of the new structure would not be possible or economically feasible without the demolition of the structure proposed to be demolished; or

      (2)   That the applicant cannot obtain a reasonable economic return from the property or structure unless the contributing historical structure or structure more than 50 years in age is demolished in accordance with the application.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   (A)   There is created a Committee of nine members to be known as the NuLu Review Overlay District Committee. The duties of the Committee shall be as outlined in § 162.64.

   (B)   The NuLu Review Overlay District Committee shall consist of nine members who are to be appointed by the Mayor and approved by the Metro Council. All members appointed by the Mayor shall be residents of the county or owners of properties or businesses in the NuLu Review Overlay District and shall have knowledge of or experience in design review and shall serve for a term of three years or until their successors are appointed and approved. Members shall serve at the pleasure of the Mayor. Any vacancy shall be filled in the same manner as the original appointment. Any member may be reappointed and reapproved for successive terms.

   (C)   The Committee shall be comprised of:

      (1)   One member of the Louisville Metro Historic Landmarks and Preservation Districts Commission.

      (2)   One staff member or Commissioner of the Louisville Metro Planning Commission.

      (3)   One architect or landscape architect.

      (4)   One member of the Commission on Public Art.

      (5)   One representative of the Louisville Downtown Partnership.

      (6)   One resident of the NuLu Review Overlay District.

      (7)   One representative of the Phoenix Hill Neighborhood Association.

      (8)   One representative of the Butchertown Neighborhood Association.

      (9)   One representative of the NuLu Business Association.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   (A)   The duties and responsibilities of the Committee shall be as follows:

      (1)   Meet with applicants for non- expedited development projects to review their applications.

      (2)   Prepare, pursuant to the procedures set forth in this subchapter, final findings of fact and conclusions on non-expedited development applications to issue a permit, issue the permit with conditions, or deny the permit.

      (3)   Review decisions of the Urban Design Administrator on expedited development applications upon the request of the applicant pursuant to this subchapter.

      (4)   Review development activity referred to the Committee by the Planning Commission or Board of Zoning Adjustment pursuant to § 162.69.

      (5)   Recommend to the Metro Council, as provided for in this subchapter, amendments to the guidelines based on experience in reviewing applications and the need to preserve the distinctive characteristics of the District.

   (B)   The Committee shall establish a schedule of regular meetings and may hold special meetings upon the call of the Urban Design Administrator or Director.

   (C)   One member of the Committee shall be elected by a majority of the Committee as the Chair and he or she shall preside at all meetings of the Committee. The Committee may elect a Vice-Chair to preside at meetings when the Chair is absent. The Chair shall serve for a one year term and shall be eligible for re-election.

   (D)   A quorum of the Committee shall be a majority of the members of the Committee. The concurring vote of a majority of the members present shall be necessary to take action on permit application.

   (E)   No member of the Committee may participate in the hearing or disposition of any matter in which that member has any conflict of interest, as defined in Chapter 21 of the Metro Code of Ordinances.

   (F)   The Committee shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   The responsibility for administering and implementing this chapter is delegated to the Office of Planning or its successor, whose Urban Design Administrator, staff, and Director shall have the following duties and responsibilities pursuant to this chapter.

      (1)   Classify all development activity in accordance with § 162.66 as (a) exempt, (b) expedited, or (c) non-expedited.

      (2)   Coordinate review of permit applications with the Department of Public Works, the Department of Codes and Regulations, and other departments, divisions, agencies, commissions or boards.

      (3)   Lead staff review of expedited development applications.

      (4)   Prepare, pursuant to the procedures set forth in this subchapter, written findings of fact and conclusions to support the decision or recommendation on expedited and non-expedited development applications to issue a permit, issue a permit with conditions, or deny a permit.

      (5)   Serve as staff to the Committee in its consideration of applications classified as non-expedited and those expedited applications appealed to the Committee pursuant to this subchapter.

   (B)   Director. The duties of the Director shall be to review the decisions of the Urban Design Administrator and the Committee as provided for in this subchapter. The Director, whenever the Urban Design Administrator is unable to perform their duties and responsibilities under this subchapter, may assign the duties and responsibilities of the Urban Design Administrator to another employee or contractor of the Office of Planning or its successor.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   (A)   The following development activities shall be exempt from review under the guidelines and the provisions of this subchapter.

      (1)   Ordinary repairs;

      (2)   Removal of existing signage without replacement (excluding signage identified as contributing to the District);

      (3)   Temporary signage, permitted and installed in accordance with §§ 155.20 through 155.24.

      (4)   Emergency repairs or demolition ordered by a Metro Government Building Official in order to protect health and safety;

      (5)   Alterations or major structural change only to the interior of a structure;

      (6)   Development activity which falls within the jurisdiction of the Louisville Metro Landmarks and Preservation Districts Commission;

      (7)   Demolition of accessory structures;

      (8)   Temporary structures and temporary public art installations;

      (9)   Maintenance of existing signage advertising an on-site business, including but not limited to rewording or replacing non-internally- illuminated sign panels (excluding signage identified as contributing to the District);

      (10)   Exterior alteration, addition, or repair of a structure used as a single-family residence which does not increase the number of dwelling units in the structure or does not increase the total square footage of floor space in the structure by more than 20%.

   (B)   All development activity within the District established by this chapter, except for exempt activities described in subsection (A) of this section shall be classified pursuant to the procedures set forth in § 162.67 as either requiring expedited or non- expedited review under the guidelines, as follows:

      (1)   The following development activities shall be subject to expedited review:

         (a)   New landscaping and trees;

         (b)   Sidewalk/street paving, lighting, streetscape furnishings, banners;

         (c)   New awnings and signs, replacement of structural elements of existing signs, and the replacement of sign panels for internally illuminated signs (excluding signage identified as contributing to the District);

         (d)   Exterior alterations which are not major structural changes.

         (e)   An addition to a structure used for nonresidential purposes which is not visible from a street.

      (2)   All other development activities shall be subject to non-expedited review.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   (A)   No permit or certificate of occupancy shall be issued by any Metro Government agency for any development activity within the District unless a permit for such development activity has been obtained pursuant to this subchapter.

   (B)   An application for development activity within the District shall be submitted to the Office of Planning or its successor on a form provided by the Office. The application shall include at least the following information, unless waived pursuant to subsection (C) of this section:

      (1)   A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed development activity in the context of property lines, adjacent structures, trees, streets, sidewalks, and the like.

      (2)   Plans, elevations and other drawings/renderings, drawn to appropriate scale and specifying exterior building materials, as may be necessary to fully explain all proposed structures or alterations to existing structures.

      (3)   Details of urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed development activity.

   (C)   Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (B) of this section. The preliminary review shall be conducted by the Urban Design Administrator to determine if the minimal requirements for acceptance of the application have been met. The Urban Design Administrator may agree to waive certain requirements set out in subsection (B) of this section if he or she determines that such requirements are not necessary for review of the application pursuant to this subchapter. An applicant whose proposal has been determined to require non-expedited approval may seek a preliminary review of his or her proposal by the Committee.

   (D)   After determining that an application is complete, the Urban Design Administrator shall classify the development proposal as either exempt or not exempt, requiring either expedited or non- expedited approval. The Urban Design Administrator may classify an application as requiring non-expedited review even if the proposed development activity meets the definition for expedited review if it determines that the application would be more appropriately considered by the Committee.

   (E)   A permit application classified as requiring expedited approval shall be reviewed by the Urban Design Administrator, who shall prepare a written decision supported by findings of fact which shall approve the permit, approve the permit with conditions, or deny the permit. An applicant, within ten business days of the date of the decision of the Urban Design Administrator on a proposal requiring expedited review, may request appeal of the application to the Committee. The application shall be reviewed as provided in subsection (F) of this section for applications classified as requiring non-expedited approval. The Committee shall provide notice of the appeal in accordance with the notice procedures outlined for a non-expedited review, and shall consider the application at its next regularly scheduled meeting for which notice can be provided.

   (F)   An application classified as requiring non-expedited approval shall be reviewed by the Committee. The permit application shall be reviewed by the Urban Design Administrator in accordance with the guidelines and forwarded to the Committee with the Urban Design Administrator’s written recommendation to either approve the permit, approve the permit with conditions, or to deny the permit.

   (G)   Where an application requiring non- expedited review will also require a Category 3 development plan review, waiver related to design, and/or a variance as defined by the Land Development Code, the Committee shall provide a forum for the public hearing component of that review in accordance with the following procedures.

      (1)   Notice for the Category 3 development plan review, waiver, or variance shall be sent in accordance with the requirements of the Land Development Code and any applicable state statutes.

      (2)   The Planning Commission, in the case of a Category 3 development plan review, or the Board of Zoning Adjustment, in the case of a variance, shall designate a hearing officer in accordance with that body’s policies and procedures who shall attend the Committee meeting at which the review will take place. In the event a case involves a Category 3 development plan/waiver and a variance, the hearing officer may be from the Planning Commission or Board of Zoning Adjustment.

      (3)   A staff report outlining the issues involved in the Category 3 development plan review, waiver, or variance shall be presented by appropriate staff member in the Office of Planning in addition to the staff report presented by the Urban Design Administrator.

      (4)   Final action on the Category 3 development plan review, waiver, or variance shall be taken at the next regularly scheduled meeting of the body with the authority to take such action on the proposal.

   (H)   Notice. The applicant shall be sent, by first class mail, written notice of the date, time and location of the meeting of the Committee at which the application shall be considered. Notice of the application and of the date, time and location of the meeting of the Committee shall also be sent by first class mail to all first tier property owners of record. Notice by email shall be sent to any person, business association, or neighborhood association that has registered with Louisville Metro Government to receive such notices. The notice shall be sent no later than fourteen (14) days prior to the date of the meeting. Notice procedures for applications involving a Category 3 development plan, waiver, or variance component pursuant to subsection (G) of this section shall be in accordance with the notice requirements for such reviews set forth in the Land Development Code and any applicable state statutes.

   (I)   At the meeting scheduled to review the application, the Committee shall first hear a description of the proposed development activity and receive preliminary comments and a recommendation from the Urban Design Administrator which shall indicate which of the guidelines apply to the proposed development activity. Following the Urban Design Administrator’s presentation, the applicant shall present such information as he or she chooses for the Committee’s consideration. The Committee shall receive testimony or written comments from other parties.

   (J)   The Committee shall, by majority vote of the members present, make a decision, supported by written findings of fact, which shall approve the permit, approve the permit with conditions, deny the permit, or defer consideration of the application until the next meeting of the Committee. Consideration of an application shall not be deferred more than one time without the consent of the applicant. If the Committee defers consideration of an application it shall state the reasons for such deferral. Findings of fact made by the Committee shall be based on the information presented in each application and at each Committee meeting and shall support the Committee’s written conclusion.

   (K)   The Director shall review all decisions of the Urban Design Administrator and the Committee, and may, within three business days, refer any application back to the Urban Design Administrator or Committee, as appropriate, if the Director determines the decision is not adequately supported by findings of fact. The Committee shall consider and render a final decision upon a remanded application at its next meeting.

   (L)   The Committee and the Urban Design Administrator shall, in their decision-making capacities, make written findings of fact based upon the information presented in each application and at each Committee meeting which support the written conclusion that the proposed development activity is or is not in compliance with the guidelines.

   (M)   If, after an applicant has obtained a permit, the development proposal is amended, the applicant shall submit the amended development proposal to the Urban Design Administrator, who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the Urban Design Administrator that the amended proposal requires review, the previously issued permit shall be suspended pending the review of the amended development proposal.

   (N)   Any applicant who is denied a permit or any person or entity injured or aggrieved by a decision of the Committee shall have a right of appeal to the Circuit Court in accordance with applicable state statutes.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   (A)   No certificate of occupancy shall be issued for any project undertaken pursuant to a permit unless the work has complied with the conditions established by the permit. The filing of an application to obtain a permit pursuant to this subchapter shall constitute an agreement by the applicant that he or she will undertake the development activity in conformity with the plans approved by the permit and that he or she will abide by any conditions imposed by a conditional approval of the permit. All conditions imposed by a permit shall be binding on the applicant, his or her successors, heirs or assigns, unless otherwise amended or released by the Committee or Urban Design Administrator.

   (B)   All work performed pursuant to a permit shall conform to the permit and all conditions imposed thereby. It shall be the duty of the Office of Planning, the Department of Codes and Regulations, and/or the Department of Public Works, or their successors, as appropriate, to inspect from time to time any work performed pursuant to the permit to assure compliance. In the event work is performed not in accordance with the permit, as per their responsibilities, the Director of the Office of Planning, the Department of Codes and Regulations, the Department of Public Works, or their designated representatives or successors, may issue a stop work order and all work shall cease. No person, firm, or corporation shall undertake any work on the project as long as the stop work order shall continue in effect.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   Pursuant to the Land Development Code, the Planning Commission or Board of Zoning Adjustment may attach conditions in addition to those listed in connection with a particular use when granting conditional use permits if it finds that such conditions are necessary for the protection of surrounding persons, property, or neighborhood values. The Metro Council finds that the application of the guidelines of this District to properties located outside this District but contiguous thereto is necessary to protect the properties and neighborhoods within the District. The Planning Commission and Board of Zoning Adjustment are empowered to apply these guidelines to development activities undertaken upon properties contiguous to the District when conditional use permits are required for such development activities. The Planning Commission or Board of Zoning Adjustment is authorized to request the Committee to review such requests for conditional use permits and to consider the recommendations of the Committee when establishing the conditions of such conditional use permits.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, §10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

   (A)   It shall be unlawful for any person to conduct any Development Activity within an overlay district in violation of the provisions of this chapter or contrary to the requirements and conditions set forth in any overlay district permit issued pursuant to this chapter.

   (B)   A person who violates any provision of this chapter shall be subject to civil penalties of not less than $100 and not more than $1,000. Each day a violation continues after due notice has been served of the violation shall constitute a separate offense.

   (C)   Any person cited for violation of the provisions of this chapter may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such citation and penalty before the Code Enforcement Board (“Board”) in accordance with §§ 32.275 et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing. In this event, the Board shall enter a final order determining that the violation was committed and impose the maximum civil penalty set forth in the citation.

   (D)   The Metro Government shall possess a lien on the property of the person committing the violation for all fines, penalties, charges and fees imposed pursuant to subsections (A) and (B) above. The lien shall be superior to and have priority over all other subsequent liens on the property except state, county, School Board and Metro Government taxes.

(1999 Lou. Code, § 158.99) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Am. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)

Section

   1.   Core-Broadway Overlay District
   2.   Main-Market Overlay District
   3.   East-West Downtown Overlay District
   4.   Waterfront View Overlay District
   5.   South Fourth Street Retail District

   Beginning at a point formed by the intersection of the center line of Sixth Street and the northern property line of the Kentucky Center for the Arts. Extending east along the northern property lines of the Kentucky Center for the Arts, American Life Building and One Riverfront Plaza to the intersection with the center line of Fourth Street.

   Extending south along the center line of Fourth Street to the intersection with the northern property line of the Waterfront Plaza towers, then extending east along the northern property line of the Waterfront Plaza towers to the center line of Third Street.

   Extending north along the center line of Third Street from the intersection with the northern property line of the Waterfront Plaza towers to the intersection with the center line of Washington Street.

   Extending east along the center line of Washington Street from the intersection with the center line of Third Street to the intersection with the center line of the Clark Memorial Bridge.

   Beginning at a point formed by the intersection of the center lines of the Clark Memorial Bridge and Washington streets, extending south along the center line of the Clark Memorial Bridge to the point where it connects with the center line of Second Street, then extending south along the center line of Second Street to the intersection with the center line of York Street.

   Beginning at a point formed by the intersection of the center lines York and Second streets, extending west along the center line of York Street to the intersection with the center line of Fifth Street.

   Beginning at a point formed by the intersection of the center lines of York and Fifth Streets, extending north along the center line of Fifth Street to the intersection with the center line of Broadway.

   Extending west along the center line of Broadway from the intersection with the center line of Fifth Street to the intersection with the center line of Armory Place.

   Extending north along the center line of Armory Place from the intersection with the center line of Broadway to the intersection with the southern property line of tax block 13-E lot 12.

   Extending west along the southern property line of tax block 13-E lot 12 from the intersection with the center line of Armory Place to the intersection with the center line of Sixth Street.

   Extending north along the center line of Sixth Street from the intersection with the southern property line of tax block 13-E lot 12 to the intersection with the northern property line of tax block 14-K lot 135 (Louisville Gardens).

   Extending east along the northern property line of tax block 14-K lot 135 (Louisville Gardens) from the intersection with the center line of Sixth Street to the intersection with the center line of Armory Place.

   Extending north along the center line of Armory Place from the intersection with the northern property line of tax block 14-K lot 135 to the intersection with the center line of Liberty Street.

   Extending west along the center line of Liberty Street from the intersection with the center line of Armory Place to the intersection with the western property line of tax block 14-K lot 141 (Citizens Plaza).

   Extending north along the western property line of tax block 14-K lot 141 (Citizens Plaza) from the intersection with the center line of Liberty Street to the intersection with the center line of Jefferson Street.

   Extending east along the center line of Jefferson Street from the intersection with the point parallel with the western property line of tax block 14-K lot 141 (Citizens Plaza) to the intersection with the center line of Fifth Street.

   Extending north along the center line of Fifth Street from the intersection with the center line of Jefferson Street to the intersection with the center line of Court Place.

   Extending west along the center line of Court Place from the intersection with the center line of Fifth Street to the intersection with the western property line of tax block 14-E lots 11 and 13 (First Trust Centre).

   Extending north along the western property line of tax block 14-E lots 11 and 13 (First Trust Centre) from the intersection with the center line of Court Place to the intersection with the center line of Market Street.

   Extending east along the center line of Market Street from the intersection with the western property line of tax block 14-E lots 11 and 13 (First Trust Centre) to the intersection with the western property line of tax block 14-E lot 114 (Vincenzos/Humana Conference Center).

   Extending north along the western property line of tax block 14-E lots 114 and 115 (Vincenzos/Humana Conference Center) from the intersection with the center line of Market Street to the intersection with the southern property line of tax block 14-E lot 131 (Humana Building).

   Extending west along the southern property line of tax block 14-E lot 131 (Humana Building), then extending north along the western property line of tax block 14-E lot 131 (Humana Building) to the intersection with the center line of Main Street.

   Extending west along the center line of Main Street from the intersection with the western property line of tax block 14-E lot 131 (Humana Building) to the intersection with the center line of Sixth Street.

   Extending north along the center line of Sixth Street from the intersection with the center line of Main Street to the intersection with the northern property line of the Kentucky Center for the Arts.

   a.   West District

   Beginning at a point formed by the intersection of the center lines of Washington and Ninth streets, then extending east along the center line of Washington Street to the intersection with the center line of River Road.

   Extending northeast to east along the center line of River Road from the intersection with the center line of Washington Street to the intersection with the center line of Seventh Street.

   Extending south along the center line of Seventh Street from the intersection with the center line of River Road to the intersection with the center line of Washington Street.

   Extending east along the center line of Washington Street from the intersection with center line of Seventh Street to the intersection with the center line of Sixth Street.

   Beginning at a point formed by the intersection of the center lines of Sixth and Washington Streets, extending south along the center line of Sixth Street to the intersection with the center line of Main Street.

   Extending east along the center line of Main Street from the intersection with the center line of Sixth Street to a point formed by the extension of the western line of tax block 14-E lot 131 (Humana Building).

   Extending south along the western property line of tax block 14-E lot 131 (Humana Building) to the southern property line of lot 131, then extending east along the southern property line of lot 131 to the western edge of the tax block 14-E lot 115 (Vincenzos/Humana Conference Center), then extending south along the western property lines of lots 115 and 114 (Vincenzos/Humana Conference Center) to the center line of Market Street.

   Beginning at a point formed by the intersection of the center line of Market Street and the western property line of tax block 14-E lot 114 (Vincenzos/Humana Conference Center), extending west along the center line of Market Street to the intersection with the center line of Roy Wilkins Boulevard.

   Beginning at a point formed by the intersection of the center lines of I-64/Roy Wilkins Boulevard and Market Street, extending north along the center line of the 1-64 overpass/Roy Wilkins Boulevard to the intersection with the center line of Main Street.

   Extending east along the center line of Main Street from the intersection with the center line of the 1-64 overpass/Roy Wilkins Boulevard to the intersection with the center line of Ninth Street.

   Extending north along the center line of Ninth Street from the intersection with the center line of Main Street to the intersection with the center line of Washington Street.

   b.   East District

   Beginning at a point formed by the intersection of the center lines of Main and Second streets and extending east along the center line of Main Street to its intersection with the center line of Hancock Street.

   Beginning at a point formed by the intersection of the center lines of Hancock and Main Streets, extending south along the center line of Hancock Street to its intersection with the center line of Market Street.

   Beginning at a point formed by the intersection of the center lines of Market and Hancock streets, extending west along the center line of Market Street to its intersection with the center line of Second Street.

   Beginning at a point formed by the intersection of the center lines of Second and Market streets, extending north along the center line of Second Street to its intersection with the center line of Main Street.

   a.   West District

   Beginning at a point formed by the intersection of the center lines of Market Street and Roy Wilkins Boulevard, extending east along the center line of Market Street to the western property line of tax block 14-E lot 11 (First Trust Centre).

   Beginning at a point formed by the intersection of the center line of Market Street and the western property line of tax block 14-E lot 11 (First Trust Centre), extending south along the western property line of tax block 14-E lots 11 and 13 (First Trust Centre) to the intersection with the center line of Court Place.

   Extending east along the center line of Court Place from the intersection with the western property line of tax block 14-E lots 11 and 13 (First Trust Centre) to the intersection with the center line of Fifth Street.

   Extending south along the center line of Fifth Street from the intersection with the center line of Court Place to the intersection with the center line of Jefferson Street.

   Extending west along the center line of Jefferson Street from the intersection with the center line of Fifth Street to the intersection with the western property line of tax block 14-E lot 141 (Citizens Plaza).

   Extending south along the western property line of tax block 14-E lot 141 (Citizens Plaza) from the intersection with the center line of Jefferson Street to the intersection with the center line of Liberty Street.

   Extending east along the center line of Liberty Street from the intersection with the western property line of tax block 14-E lot 141 (Citizens Plaza) to the intersection with the center line of Armory Place.

   Extending south along the center line of Armory Place from the intersection with the center line of Liberty Street to the northern property line of tax block 14-K lot 135 (Louisville Gardens).

   Extending west along the northern property line of tax block 14-K lot 135 (Louisville Gardens) from the center line (If Armory Place to the center line of Sixth Street.

   Extending south along the center line of Sixth Street from the intersection with the northern property line of tax block 14-K lot 135 (Louisville Gardens) to the intersection with the southern property line of tax block 13- E lot 12.

   Extending east along the southern property line of tax block 13-E lot 12 from the center line of Sixth Street to the center line of Armory Place.

   Extending south along the center line of Armory Place from the intersection with the southern property line of tax block 13-E lot 12 to the intersection with the center line of Broadway.

   Extending east along the center line of Broadway from the intersection with the center line of Armory Place to the intersection with the center line of Fifth Street.

   Extending south along the center line of Fifth Street from the intersection with the center line of Broadway to the intersection with the center line of York Street.

   Beginning at a point formed by the intersection of the center lines of Fifth and York Streets, extending west along the center line of York Street to the intersection with the center line of Eighth Street.

   Extending south along the center line of Eighth Street from the intersection with the center line of York Street to the intersection with the center line of Cawthon Street.

   Extending west along the center line of Cawthon Street from the intersection with the center line of Eighth Street to the intersection with the center line of Roy Wilkins Boulevard.

   Beginning at a point formed by the intersection of the center lines of Roy Wilkins Boulevard and Cawthon Street, extending north along the center line of Roy Wilkins Boulevard to the intersection with the center line of Market Street.

   b.   East District

   Beginning at a point formed by the intersection of Second and Market Streets, extending east along the center line of Market Street to the intersection with the center line of 1-65.

   Beginning at a point formed by the intersection of the center lines of 1-65 and Market Street, extending southwest along the center line of 1-65 to the intersection with the center line of Jackson Street.

   Extending south along the center line of Jackson Street from the intersection with the center line of 1-65 to the intersection with the center line of Jefferson Street.

   Extending west along the center line of Jefferson Street from the intersection with the center line of Jackson Street to the intersection with the center line of 1-65.

   Extending south-west along the center line of 1-65 from the intersection with the center line of Jefferson Street to the intersection with the center line of Preston Street.

   Extending south along the center line of Preston Street from the intersection with the center line of 1-65 to the intersection with the center line of Liberty Street.

   Extending west along the center line of Liberty Street from the intersection with the center line of Preston Street to the intersection with the western property line of tax block 17-F lot 163.

   Extending south along the western property line of tax block 17-F lot 163, and then extending east along the southern property lines of tax block 17-F lots 163, 173, 165 to the intersection with the center line of Brook Street.

   Extending south along the center line of Brook Street from the intersection with the southern property lines of tax block 17-F lots 163, 173, 165 to the intersection with the center line of 1-65.

   Extending south along the center line of 1-65 from the intersection with the center line of Brook Street to the intersection with the center line of Jacob Street.

   Beginning at a point formed by the intersection of the center lines of Jacob Street and 1-65, extending west along the center line of Jacob Street to the intersection with the center line of Second Street.

   Beginning at a point formed by the intersection of the center lines of Second and Jacob Streets, extending north along the center line of Second Street to the intersection with the center line of Market Street.

   Beginning at a point formed by the intersection of the center line of Seventh Street and the southern boundary of the Waterfront Review Overlay District.

   Extending east along the southern boundary of the Waterfront Review Overlay District from the intersection with the center line of Seventh Street to the intersection with the center line of the Clark Memorial Bridge.

   Beginning at a point formed by the intersection of the center line of the Clark Memorial Bridge and the southern boundary of the Waterfront Review Overlay District, extending south along the center line of the Clark Memorial Bridge to the intersection with the center line of Washington Street.

   Beginning at a point formed by the intersections of the center lines of Washington Street and the Clark Memorial Bridge and continuing west along the center line of Washington Street to the intersection with the center line of Third Street.

   Extending south along the center line of Third Street from the intersection with the center line of Washington Street to the intersection with the northern property line of the Waterfront Plaza Towers.

   Extending west along the northern property line of the Waterfront Plaza towers from the intersection with the center line of Third Street to the intersection with the center line of Fourth Street.

   Extending north along the center line of Fourth Street from the intersection with the northern property line of the Waterfront Plaza towers to the intersection with the northern property line of One Riverfront Plaza.

   Extending west along the northern property lines of One Riverfront Plaza, American Life Building and Kentucky Center for the Arts from the intersection with the center line of Fourth Street to the intersection with the center line of Sixth Street.

   Extending south along the center line of Sixth Street from the intersection with the northern property line of the Kentucky Center for the Arts to the intersection with the center line of Washington Street.

   Extending west along the center line of Washington Street from the intersection with the center line of Sixth Street to the intersection with the center line of Seventh Street.

   Beginning at a point formed by the intersection of the center lines of Seventh and Washington streets, extending north along the center lines of Seventh Street and River Road to the intersection with the southern boundary of the Waterfront Review Overlay District.

(Lou. Metro Ord. No. 265-2007, approved 11-26-2007)

   The South Fourth Street Retail District will have the following geographical boundaries: the center line of Muhammad Ali Boulevard will serve as the northern boundary; the center line of Broadway will serve as the southern boundary; the center line of the alley that runs parallel to and between Third and Fourth Streets will serve as the eastern boundary; and the center line of the alley that runs parallel to and between Fourth and Fifth Streets will serve as the western boundary.

(Lou. Metro Ord. No. 162-2013, approved 9-18-2013)

(Lou. Metro Ord. No. 162-2013, approved 9-18-2013)

      (1)   As the guiding document for strategic planning of land use and development in Louisville adopted effective November 1, 2019 by the Louisville and Jefferson County Planning Commission, the “Plan 2040 Comprehensive Plan” describes downtown thus:

   The Downtown Development Plan and its successors are to be used as official planning evidence guiding land use decisions in the downtown.”

      (2)   (a)   Plan 2040 further establishes four primary goals for the downtown area:

            1.   Support development and redevelopment in the downtown district, establishing it as the heart of the city and the economic center of the region.

            2.   Create a downtown with a compact, walkable core and a lively and active pedestrian environment that fosters and increases the number of people walking on primary downtown sidewalks and ensures a more humane downtown environment.

            3.   Develop downtown as a unique and active destination with a variety of land uses that attract and accommodate visitors, businesses, shoppers, and residents.

            4.   Development in downtown should respect the unique character of each downtown zone and should be based on design standards developed for those zones in the Downtown Development Plan.

         (b)   Each of these goals is then supported by specific objectives.

      (1)   Spurred by the effective guidance and leadership provided by the 1990 Downtown Development Plan, the community updated the Plan in 2002 with the mission to "develop an updated blueprint for the continued growth of downtown Louisville as it moves into the twenty-first century, to create the type of unique downtown environment that can take advantage of markets that now exist, and to use the new Plan as a guide for its activities during the upcoming decade." A vast number of meetings with downtown stakeholders, district groups, and neighborhood associations were held to seek out their input, as well as a number of forums and design-oriented conferences that were conducted in partnership and with the active participation of the public.

      (2)   (a)   As a result of these meetings, forums, and design sessions the Plan defines nine principles to guide the review of all proposed actions in downtown:

            1.   Continue to reinforce downtown as the unique cultural, business, entertainment, retail, and civic center of the region.

            2.   Create a 24-hour downtown with a focus on residential development integrated with a mix of commercial, civic, cultural, and entertainment attractions.

            3.   Transform downtown from a "collection of destinations" into one unique "destination."

            4.   Create active, vibrant, safe, and livable public spaces supported by the design of buildings, streets, and open spaces.

            5.   Create an interconnected network of streets, transit, and public open spaces.

            6.   Enhance downtown's attractiveness as a place for investment.

            7.   Build on existing strengths with new initiatives and development.

            8.   Integrate downtown seamlessly with its adjacent neighborhoods, the City, and the region.

            9.   Forge public/private partnerships to coordinate high priority initiatives and oversee Plan implementation.

         (b)   Each of these principles is then supported by specific objectives.

      (1)   The Land Development Code for Metro Louisville contains the land use and zoning regulations for the entire Metro area. As stated in its introduction, "Specifically this Code provides regulations to implement applicable goals, objectives, guidelines, and policies of the adopted Comprehensive Plan (Plan 2040)." The regulation is administered by the Louisville and Jefferson County Planning Commission.

      (2)   The Louisville Land Development Code is also a form based code regulating the physical form of development, as well as its zoning, based on its location within a designated form district defined by its pattern of physical development. The regulations addressing the Downtown Form District provide specific use and dimensional requirements for new development in the downtown area. The Code addresses basic elements of site layout and building design, streetscape, open space, parking, signage, and public art that are appropriate for an urban downtown setting.

      (1)   The Downtown Development Review Overlay was originally established by the City of Louisville Board of Aldermen in 1992 as a recommendation of the 1990 Downtown Plan. According to the Board, and again by Metro Council in 2007, the Overlay's specific task is to preserve, conserve and protect the "historical, cultural, architectural, aesthetic or other distinctive areas" of downtown by reviewing proposed developments in accordance with established principles and guidelines addressing elements such as "building setbacks along streets, open space, off-street parking, landscaping, paving, lighting and streetscape furnishings, fences and walls, signage and public amenities and, in addition, elements of urban design such as building and street wall character, and building mass and form.

      (2)   In order to preserve the character of downtown Louisville it is important to define this character in very real terms and develop principles and guidelines that expand on the existing strengths of the area and guide new development in a clear and positive fashion.

      (3)   The principles and guidelines of the Downtown Development Review Overlay coordinate with and expand upon the requirements of the Land Development Code as necessary to achieve the objectives of these facets of urban design.

      (4)   The design review process provides a forum for citizens and developers to work toward achieving a better urban environment through attention to fundamental urban design principles. Design review is intended to assist new development to contribute positively to Louisville's downtown. Design guidelines offer a flexible tool which will allow new development to respond better to the distinctive characteristics of its surroundings.

         (a)   All successfully urban areas in downtown have much in common with respect to successful urban design and building characteristics. These common threads provide for continuity within downtown as a single destination and then allow the individual districts to successfully focus on their unique characteristics.

         (b)   Many buildings are constructed up to the front and side property lines to establish a continuous street wall or building frontage along the sidewalk. Individual or connecting buildings along a blockface form a continuous building frontage or street wall and are characterized by an overall mass that is divided into distinct segments or storefronts to create an attractive sidewalk and streetscape environment. Buildings that have a well defined storefront with an entrance from the sidewalk, windows for the display of retail goods or services, signage that is designed, proportioned and appropriately located, and other pedestrian oriented amenities create an attractive and animated sidewalk environment.

         (c)   Heights of buildings range considerably from single story structures to high rise buildings of well over 200 feet in elevation. This variation in building height and mass provides opportunities for sun light and fresh air to reach the sidewalks and open spaces. Successful high rise buildings have upper stories that are set back from a well defined base composed of one or more lower stories which provide continuity with the scale of adjoining or nearby low rise buildings. Interspersed with contemporary low and high rise buildings are local landmark, national register, and other significant architectural and historic resources. The structures exhibit a broad vocabulary of building materials, ranging from masonry (such as brick and stone) wood, and ornamental metals to contemporary exposed steel and concrete with glass curtain wall designs. Quality building materials, a high degree of surface finish, and attention to detail tend to exemplify the best structures.

         (d)   Public and private open spaces that successfully create safe, vital, and attractive environments are appropriately located, sized, and designed to incorporate pedestrian amenities such as shade trees, landscaping, adequate seating, fountains, lighting, public art and visual and pedestrian access to sidewalks and building entrances.

         (e)   Curb cuts and vehicular entrances to parking facilities are located, sized and designed to reduce interruptions in the contiguous building frontage along a blockface and provide for safe and efficient vehicular and pedestrian traffic flow, establish well designed and balanced streetscapes. Surface parking lots are present in all districts and have a particularly negative impact on the quality of the streetscape and district when not screened properly.

         (a)   The core downtown area contains a number of key activity centers including entertainment and retail venues such as Fourth Street Live, the proposed City Centre project, The Palace Theatre, Louisville Gardens, and other, smaller venues and restaurants particularly along Fourth Street. Guests to the city will find some of the largest hotels in the area including the Marriot and Hyatt on Jefferson Street serving the Convention Center as well as the historic Seelbach and Brown hotels along Fourth Street. Anchoring the southern portion of the district along Broadway are media outlets including the Courier Journal, housing developments such as the Crescent Center and St. Francis, and smaller educational institutions such as the St. Francis High School, the Brown School, and Jefferson Community College. Buildings in the district range from single story structures to high rises well over 200 feet in elevation.

         (b)   There is a concentration of public and private parking garages and lots, particularly parking lots along Fifth Street, Third Street and Second Street.

      (3)   West Main Street Preservation District. Properties fronting on Main Street between I-64/ Ninth Street and the Kentucky Center for the Arts and Humana Building and south of the existing flood wall to Pike Alley are designated part of the West Main Street Local Landmark District. The buildings on Main Street are constructed primarily of cast iron, masonry, and stone materials. The buildings are vertical in form with narrow street frontages. The upper story facades have a large percentage of area constructed as windows. The West Main District has attracted a number of cultural arts institutions and museums that thrive in communal fashion. The historic buildings in the area have also attracted significant first floor retail uses with urban, loft residential opportunities in the spacious upper floors of the historic buildings. The West Main District also contains the judicial and civic center of the community including the historic City Hall complex. Nearby are the towers of the financial district and the large-scale amenities such as the Convention Center, the Kentucky Center for the Arts, the Gait House complex, and the arena. The northern area facing the river has been developed as public plazas and cultural institutions, such as the Ali Center, which utilize their lower levels as parking garages to serve visitors and rise out of the flood plan by necessity. Buildings in the district range from single story structures to high rises well over 200 feet in elevation with a more common range of three to five stories in the historic district.

         (a)   The East Main/Market area has attracted a number of smaller cultural arts galleries, shops, loft housing, and restaurants that thrive in communal, neighborhood fashion. The many historic buildings in the area have attracted significant first floor retail uses with urban, loft residential opportunities in the spacious upper floors of the historic buildings. To the south are a number of larger scale hotels lining Jefferson Street. Nearby are future development sites of the Medical Center. The northern area facing the river has been developed in conjunction with the redevelopment of the Waterfront as residential and public park space including Louisville's Great Lawn. Buildings in the district range from single story structures to high rises well over 100 feet in elevation with a more common range of three to five stories in the historic district.

         (b)   The three blocks east of Floyd Street between Main and Market Streets are listed as part of the Phoenix Hill National Register District. The three blocks bounded by Second, Main, Floyd, and Market Streets contain buildings of historic and architectural merit that are similar in character to buildings within the Phoenix Hill National Register District. Significant rehabilitation and improvement efforts have been completed and other opportunities exist. This area is also adjacent to the Phoenix Hill, Butchertown, and Irish Hill neighborhoods.

         (a)   In contrast to other areas, buildings in West downtown are generally set back from the street in a campus like fashion reflecting the influence of urban renewal efforts in the 1960's and 1970's. Individual buildings are primarily separated from one another and the open spaces that surround them are continuous and usually landscaped. This open space pattern is created through building setback from the rights-of-way. The concentration of primarily single use buildings and related facilities in conjunction with public and private open spaces create a pedestrian environment that is of a more suburban character.

         (b)   Existing private open spaces, other than the major public spaces at Jefferson Square and Martin Luther King Park, are formed by front, street side, side, and rear yards that are landscaped with shade trees and by off-street parking lots.

         (c)   While these extended setbacks and landscaped areas attempted to provide for some relief of the dense, urban conditions found elsewhere in downtown, the community now recognizes that the area's development in such an open and distant "auto centric" fashion is not conducive to an active and vibrant public space. In fact, the area has become somewhat isolated from the rest of the urban core and will benefit by being developed hence in a more urban form. Such development will improve the pedestrian qualities of the district and encourage activity. Over time the setback areas may be developed as public amenities such as small pocket parks or outdoor dining.

         (d)   The area is adjacent to the Russell neighborhood, a National Register District.

         (a)   The downtown and the Overlay are essentially contained within a geographic area defined by Ninth Street/Roy Wilkins Parkway to the west, the Ohio River to the north, Interstate I-65 to the east, and Broadway to the south. The district areas can further be defined by their edges or "spines" such as Main, Jefferson, Second, and Fourth Streets. Their defining characteristics can be further described by significant activities and community roles, their built form, and in some instances their historic character.

         (b)   These boundaries and characteristics are useful in quantifying the physical form and activity of the districts. They provide guidance to planning and evaluating future development that will be successful in retaining the positive characteristics of the districts and the downtown as a whole.

         (c)   Of equal, if not greater importance, is maintaining the connections - physical and experiential - among the districts and with neighborhoods adjacent to the downtown. This connectivity is the key to developing downtown as a single destination in lieu of multiple and competing destinations.

         (a)   The streets in downtown Louisville are not only infrastructure to move goods and services but also serve as the pedestrian, vehicular, and transit connectors of the districts of downtown and the surrounding neighborhoods. The high quality of the design of downtown streets, intersections, and public space environments is the key to the success of providing a downtown that is "walkable" - a lively, active, and humane environment. A downtown that is a single destination invites pedestrians and human scaled activity throughout the unique downtown districts and into adjacent neighborhoods in a friendly and inviting manner.

         (b)   Louisville's downtown has been historically defined and organized principally by Main and Fourth Streets. Main and Market Streets retain much of their historic character and structures. In fact portions of both West and East Main and Market Streets are within districts listed on the National Register of Historic Places. West Main Street and its environs are additionally designated as a local preservation district. At their intersection with Fourth Street, Main and Market Streets have developed into a much larger scale of activity and built form. Fourth Street has seen many changes but remains a street with a primarily pedestrian focus. It is only two lanes wide through most of downtown and is a key pedestrian thoroughfare from the river to Broadway and beyond into the Old Louisville neighborhood and the University of Louisville. Both Second and Third Streets are important corridors connecting downtown with southern Indiana, the waterfront, interstate highways, the SoBro (South of Broadway) area, and the Old Louisville and Limerick historic neighborhoods. Ninth Street, or Roy Wilkins Avenue, currently provides an auto-centric western edge to downtown and key connection to the interstate system. It is envisioned to be a more pedestrian friendly boulevard to be enhanced for better cross access into the neighborhoods west of downtown. Jefferson and Liberty Streets are important corridors connecting downtown with neighborhoods east and west of downtown as well as traversing the community's civic and governmental functions and the Convention Center area. To the north River Road is set at an elevation relative to the Ohio River and serves as a scenic corridor as well as local access to the north-south streets of downtown. Above River Road is Interstate I-64 which provides motorists with views of the river as well as downtown with access at Third and Ninth Streets. To the south Broadway is a wide street that serves not only as an important vehicular, pedestrian, transit, and visual connection to the east and west Broadway business and neighborhood districts, but also provides a connection to the city's major open spaces and Olmsted park and parkway system. Where these key streets intersect there are unique and significant opportunities for making meaningful public spaces and emphasizing points of connection among the districts and adjacent neighborhoods.

(Lou. Metro. Ord. No. 115-2009, approved 8-17-2009; Lou. Metro Am. Ord. No. 235-2018, approved 12-17-2018, effective 1-1-2019)

      (1)   The Downtown Development Review Overlay was established by the City of Louisville Board of Aldermen in 1992 as a recommendation of the 1990 Downtown Plan. According to the Board, and again Metro Council in 2007, the Overlay's specific task is to preserve, conserve and protect the "historical, cultural, architectural, aesthetic or other distinctive areas" of downtown by reviewing proposed developments in accordance with established principles and guidelines addressing elements such as "building setbacks along streets, open space, off-street parking, landscaping, paving, lighting and streetscape furnishings, fences and walls, signage and public amenities and, in addition, elements of urban design such as building and street wall character, and building mass and form."

      (2)   The guidelines are not intended to discourage development or to dictate architectural design or style, but to encourage such development that contributes to the overall design quality of the downtown and each district.

      (3)   They are intended to promote compatibility of new development with existing land use and design features, to enhance the downtown's visual quality, to preserve the downtown's commercial character with a pedestrian friendly environment and to strengthen the economic vitality of downtown by encouraging new investment and further business, residential, and commercial development in appropriate locations in downtown.

      (4)   All development proposals within the Overlay shall comply with applicable guidelines. However, a proposal that does not conform to one or more specific guidelines may be approved by the Committee or its staff if they determine that the proposal is in conformance with the intent of the guidelines as a whole.

      (5)   The principles and guidelines of the Downtown Development Review Overlay expand upon the requirements of the Land Development Code as necessary to achieve the objectives of these facets of urban design in recognition of a project's specific location.

         (b)   Public space. Setbacks from the property line may be considered provided the setback area is developed as a public open space and amenity or as a location for exterior activity related to ground floor usage of the buildings, such as outdoor dining or retail. Consideration should be given for providing public open space on sites that align with other significant urban elements such as open spaces or vistas, significant neighboring structures or public institutions, axis or terminus of the street grid.

      (1)   Objective. Develop an architectural concept and compose the major building elements and massing to reinforce desirable urban features in the surrounding area and district. Compose the massing of the building to create transition to the height, bulk, and scale of development in nearby, less intensive zones.

         (a)   Arrange the mass of the building in response to the following as applicable:

            1.   Distinct and noteworthy characteristics of the district/neighborhood.

            2.   Adjacent landmark or noteworthy building.

            3.   Major public entity or institution nearby.

            4.   Neighboring buildings that have employed distinctive and effective massing compositions.

            5.    Public views and vistas.

            6.   Potentially negative micro- climate issues such as extensive shadows and urban wind effect.

         (b)   Compose the massing of the building to relate strongly to nearby buildings and create a transition to the height, bulk, and scale of development in nearby, less intensive zones. Buildings on zone edges should be developed in a manner that creates a step in perceived height, bulk, and scale between the development potential of the adjacent zones. Factors to consider in analyzing potential height, bulk, and scale impacts include:

            1.   Distance from a less intensive district edge.

            2.   Differences in development standards between abutting neighborhoods.

            3.   Type and amount of separation between districts, such as property line, alley or, street.

         (c)   Design a well-proportioned and unified building. Compose the massing and organize the interior and exterior spaces to create a well-proportioned building that exhibits a coherent architectural concept. Design the architectural elements and finish details to create a unified building, so that all components appear integral to the whole.

         (d)   The building composition should include a well-defined base at the pedestrian level that fits well into its context. As a general minimum the base should be two to three stories.

         (e)   To allow adequate light and air to reach the street level, high rise buildings (over 14 stories) should generally:

            1.   Be located about 100 feet from other high rise buildings within the same block.

            2.   Have upper stories which are progressively narrower; the higher the story, the narrower.

         (f)   Rooftops should not look cluttered from any pedestrian vantage point. All mechanical or utility equipment should be well-integrated into the overall design.

         (a)   Be compatible with the general character of nearby buildings in terms of facade organization, materials, finishes, scale of detail, and respecting established horizontal and vertical elements and spacing in the nearby context such as cornice lines and pier/column spacing.

         (b)   Reinforce the character of nearby buildings having historic or architectural significance by developing designs that respect established cornice lines, horizontal and vertical facade organization, and massing of historic buildings in the context.

         (c)   Follow the rehabilitation standards in the latest edition of the Secretary of the Interior's Standards for Rehabilitation whenever historic or architecturally significant structures are to be altered, expanded, or when new construction is to occur adjacent to such structures.

         (a)   A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

         (b)   The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

         (c)   Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

         (d)   Changes to a property that have acquired historic significance in their own right will be retained and preserved.

         (e)   Distinctive material, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

         (f)   Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary or physical evidence.

         (g)   Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

         (h)   Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

         (i)   New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic material, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.

         (j)   New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environments would be unimpaired.

      (1)   Objective. People should have strong visual connections to buildings as a strong building-to-pedestrian relationship helps make downtown feel more inviting and active 24 hours a day. Therefore develop the street level of the building's exterior to create safe, inviting, and active environments and spaces to engage pedestrians. These environments are defined by the uses that occur within them, physical space for them to occur, and articulation of the physical surroundings.

         (a)   Where sidewalk width is limited, consider setting portions of the building back slightly to create spaces conducive to pedestrian-oriented activities.

         (b)   Articulate the building facade to provide an engaging pedestrian experience with design elements such as open shop-fronts or arcades, multiple entries, merchandising and display windows, street front open space with artwork or furniture, awnings, signage, and light fixtures. In some instances raised landscaped beds may be appropriate. As a general rule 50% of the wall surface at the sidewalk level should be transparent, utilizing glazing that is not highly tinted or reflective.

         (c)   Utilize building materials characteristic of the area having texture, color, pattern, and a higher quality of detailing.

         (d)   Variations on the facade plane such as inset entries, building piers, and other details can assist in providing relief to long expanses of building wall.

         (e)   Building entries should be clearly identifiable and visible from the street. Principle building entrances should face the street. Entrances should be inviting and easily accessible. They should have a high level of articulation and be well-lit. Canopies or awnings provide protection from the weather.

         (f)   Changes in sidewalk material aid in defining exterior spaces and entryways.

         (g)   Develop alley facing facades at least one bay into the alley to eliminate harsh contrasts in the street wall. Provide adequate lighting at alleys to enhance visibility and safety. Design alley access points for vehicles with appropriate lighting and signage for quick orientation by motorists and safety for pedestrians.

         (h)   Exterior lighting should be designed to be visually integrated into the exterior design of the building. Lighting should be designed to provide illumination that creates a greater sense of activity, security and interest to the pedestrian.

            1.   Follow all principles and guidelines for building and site design.

            2.   Minimize the use of ramped floors visible from the street.

            3.   Openings and entrances should be in scale with people. Parking garage entries shall be minimized in size but fully articulated as an opening in the structure. Pedestrian entrances should also be fully articulated.

            4.   Screen parked cars from pedestrian view.

         (b)   Surface parking lots and vehicle use areas. Generally speaking, development of downtown sites solely as surface parking lots or vehicle use areas is discouraged due to their negative impact on the street wall, streetscape, and pedestrian-friendly character of downtown. Specifically, demolition of buildings for development of new surface parking lots is discouraged. Surface parking and vehicle use areas elsewhere, when deemed appropriate, should adhere to the following:

            1.   Surface parking and vehicle use areas should not create gaps along the street and sidewalk. They should be fully screened from pedestrian view through a combination of solid building-like elements such as colonnades, decorative fencing, and dense decorative landscaping intended to continue the street wall. Dense landscaping intended for screening should be three feet high at time of planting and maintained to properly screen vehicular uses yet be low enough to maintain visibility and safety. The screening may also be an opportunity for public art.

            2.   Provide adequate interior landscaping, especially shade trees.

            3.   When associated with a principal structure on the same site, surface parking, loading, and waste/recycling storage and collection areas shall be located fully behind the principal structure on the site.

         (c)   Vehicular access and design.

            1.   Curb cuts and vehicular access shall be designed in conformance with the Access Management Standards and Design Manual within the Land Development Code and appropriate Metro agencies.

            2.   Vehicular access should be designed to minimize conflicts between cars and pedestrians.

            3.   Access from the alley shall be utilized to the fullest extent possible. Where the alley is unimproved or of insufficient width or length for the new development it shall be improved as part of the project for viable use.

            4.   Existing curb cuts that are not proposed to be re-used should be removed and replaced with walk and curb compatible with the current standard design for that location.

            5.   Existing curb cuts to be re-used should be minimized in width and number to the fullest extent possible.

            6.   Driveways should be located to be shared with adjacent properties whenever possible.

            7.   Driveways and vehicular entrances should not occur in dominant locations on the site.

            8.   Provide adequate directional information for motorists.

         (a)   Generally open spaces should be oriented to receive maximum sunlight and taking advantage of views to the surrounding context.

         (b)   To maximize the impact of the open space without degrading the street wall character of downtown exterior open spaces should:

            1.   Be located 100 feet away from other open spaces and intersections.

            2.   Be no wider or deeper than 100 feet.

         (c)   To create the best environment for public enjoyment new open spaces should:

            1.   Create a comfortable and inviting place to rest.

            2.   Provide clear visual and physical access from the public way.

            3.   Provide plenty of seating (about one linear foot for every 30 square feet of paved open space).

            4.   Provide sufficient lighting for safe evening use.

            5.   Utilize fountains or other water features.

            6.   Use plant materials that are colorful, appropriately sized, and attractive year round.

            7.   Incorporate public art in accordance with Principle 9.

         (a)   Developments involving new construction and or modifications to existing curb and sidewalk along the frontage(s) of the site should include improvements to the streetscape including sidewalk and curb in accordance with the current standards for that street and the Street and Road Side Design Standards of the Land Development Code.

         (b)   Street furnishings. Street furnishings including but not limited to benches, news racks, bicycle racks, and trash containers shall conform to the standards established by the Downtown Streetscape Manual.

         (c)   Lighting. Street lighting for public streets shall conform to the standards established by the Downtown Streetscape Manual. On-site lighting should also be compatible with street lighting standards.

         (d)   For the sake of visual continuity, trees shall be planted in the right-of-way every 25 feet to 35 feet along the curb line in order to create a continuous canopy. Tree species and caliper and planting area shall conform to the standards established by the Downtown Streetscape Manual. A mix of ornamental and shade trees should be planted outside the right-of-way for both shade and visual variety.

         (e)   Pedways. The pedestrian environment is substantially impacted by the actual number of pedestrians engaging in activity on the street level. Generally speaking, the more pedestrians engaging in activity at street level the more the streetscape environment feels active, inviting and safe. Overhead pedestrian walkways (pedways) have real potential to negatively impact the street level environment by removing pedestrians from it. Overhead pedestrian structures therefore are generally discouraged. When a pedway is deemed to be appropriate, it should:

            1.   Be designed to be architecturally compatible with the design of the structures at each end.

            2.   Have articulated street level access or clear direction to access points for pedestrians.

            3.   Provide entry points within each building that are comparable to street level entrances like lobbies that are attractive and have clear directions to internal circulation elements and other internal uses.

            4.   Give consideration for views underneath including material finish and lighting.

            5.   Not have permanent signage.

      (3)   Note:

         (a)   These guidelines are in addition to the streetscape guidelines of the Department of Public Works and Assets, the Metro Arborist, and the Land Development Code.

         (b)   Project features developed as public amenities should also be designed in conformance with Metro Louisville Complete Streets Manual, October 2007, which promotes the design of transportation corridors that are safe and convenient for pedestrians, cyclists, motorists and bus riders of all ages and abilities.

      (1)   Objective. Design signage appropriate for the scale and character of the project and the immediate context. Signs should be oriented to pedestrians and/or persons in vehicles on streets in the immediate vicinity. All signs shall be sensitive to their surroundings, and their designs shall be mindful of color, intensity, technology and illumination so as to be compatible with the adjacent context. Signage that consists of changing image or video display technology is by its nature very dynamic thereby requiring special design and implementation considerations regarding its impact upon the adjacent environment.

      (2)   Design guidelines.

         (a)   Signage should add visual interest at street level without being overwhelming and should not be out of character with the design and scale of existing surrounding signage.

         (b)   Signage should be organized to increase legibility and communication while reducing visual clutter.

         (c)   All signs shall be constructed and placed so as not to obstruct sight lines for persons using streets, pedestrian rights-of-way and driveways.

         (d)   Signage should be designed and attached to the building in a way that is complementary to the style of the building and its unique design features. Signage placement shall not obscure architectural details and shall be well-integrated into the overall design of a building's facade.

         (e)   Back-lit or internally illuminated signage shall have opaque, non-illuminated face panels. Only the individual letters and/or logos should be illuminated.

         (f)   Signage that utilizes LED, video or other moving image digital technology is limited to entertainment attractions*. When permitted, such signs:

            1.   Shall promote only site specific activities, events, sponsors, or businesses.

            2.   If located and displayed behind storefront windows, shall not occupy more than 25% of the storefront window area.

            3.   Shall be designed to minimize the impact to residential properties.

            4.   Shall come equipped with automatic dimming technology and a photocell which automatically adjusts the sign's brightness to no more than 0.2 footcandles above ambient light conditions.

            5.   Should be carefully designed to minimize driver and pedestrian distraction.

*Entertainment attractions are a use within the DDRO that (1) provides a service or goods to the general public or which promotes tourism or provides an opportunity to partake in entertainment that is permitted under the zoning rules for the district, including food and beverage, and/or regular opportunities to attend music performances, theater performances, arts or cultural attractions, and (2) that is available for conferences or conventions, or that is considered a tourist attraction, and that is open to the public and/or available for private events.

         (g)   No more than one changing image or video display sign per facade shall be permitted on property.

         (h)   The use of sound is prohibited.

         (i)   Rooftop signage is not allowed. Signage attached to the upper portions of a building may be considered provided it is complementary to the design and style of the building.

         (j)   Freestanding signage shall be limited to portable sidewalk signage or monument style directory signage associated with a public plaza in front of a building. The public plaza shall fully conform to Principle 6 - Open Space. Free standing pole-mounted signage is not allowed.

         (k)   Projecting signs: buildings on lots which do not contain any permanent, freestanding, on-premises signs (other than incidental signs) may not have more than one sign per business which projects perpendicular from the facade of the building. Projecting signs shall not project more than eight feet from the building's facade and must not extend below nine feet above the ground or sidewalk. The area of a projecting sign shall be part of the total allowable signage allowed on any one facade of the building as listed in the Land Development Code.

         (l)   Projecting banner signs that utilize a fabric material background shall not project more than 25 inches from the face of the building and not exceed a total area of 24 square feet per side of the sign. The area of a projecting banner sign shall be part of the total allowable signage allowed on any one facade of a building as listed in the Land Development Code.

         (m)   Exposed conduit, electrical transformer boxes, and electrical raceways should be concealed from public view, or painted to blend in with the background of the building.

         (n)   Existing signage that does not conform to the current codes is encouraged to be removed or modified to conform to current requirements of the Land Development Code. Non-conforming signage that has been abandoned for a period exceeding one year shall be removed. Existing signage that is historic or possesses a character unique to downtown may be allowed to remain.

         (o)   Outdoor advertising signs (billboards) are discouraged, but where permitted by zoning regulations should:

            1.   Not block any views or vistas nor create a cluttered appearance.

            2.   Be integrated into the design of a building or project.

            3.   Relate strongly to the character of the district.

         (a)   Public art should be available for the enjoyment and enrichment of all the people within the community. Inclusion of a meaningful allowance for the commissioning of public art in the planning and construction for all significant building projects is encouraged.

         (b)   The public art planning and selection process should begin at the onset of individual projects. It should be designed, executed to integrate the artwork with the overall project and aesthetically enhance the urban environment.

         (c)   Public art proposals should conform to the design guidelines and master plan established by the Mayor's Committee for Public Art (MCOPA). The MCOPA guidelines and master plan recognize public art's potential to:

            1.   Demonstrate Louisville's values of community and creativity.

            2.   Stimulate economic growth and investment.

            3.   Encourage public education by improving cultural literacy.

            4.   Contribute to Louisville's identity.

            5.   Bridge cultural and social barriers.

            6.   Provide community cohesion.

            7.   Energize public spaces in the urban environment.

            8.   Enhance new and existing development.

            9.   Provide local opportunities for talented regional, national, and international artists.

            10.   Contribute to Louisville as a tourist destination.

            11.   Leave a legacy for the future.

(Lou. Metro Ord. No. 115-2009, approved 8-17-2009; Lou. Metro Am. Ord. No. 83-2014, approved 5-23-2014)

(Lou. Metro Ord. No. 265-2007, approved 11-26-2007)

   The following narrative describes the Bardstown Road/Baxter Avenue Corridor District and shall be considered in applying the Corridor Review Overlay guidelines which are applicable to this district:

   The Bardstown Road/Baxter Avenue Corridor forms the backbone of the Highlands National Register District, which spans between Broadway and Douglass Boulevard, and then extends south to Kaelin Avenue. The Corridor is an important shopping and business area closely linked with high quality residential areas. The character of the Corridor changes from north to south with the older properties on the on the north. The character also reflects an evolution from a mixed commercial/residential strip to a predominately commercial corridor, with many buildings remaining intact from each period of development in both commercial and residential styles.

   As a result of this evolutionary development, most buildings are constructed at or near the front and side property lines to establish a continuous street wall or building frontage along the sidewalk, although some existing residential buildings retain a front yard setback. Individual or connecting buildings along a block face form a continuous building frontage or street wall and are characterized by an overall two and a half story mass that is divided into distinct segments or store fronts. Buildings generally have well-defined storefronts with individual entrances from the sidewalk facing the Corridor, windows for display of retail goods or services, signage that is designed, proportioned, and appropriately located, and other pedestrian-oriented amenities that create an attractive and animated sidewalk environment.

   Parking is provided on the street or at the rear of sites with alley access. A pattern of parking encroachment into residential neighborhoods abutting the Corridor has been developing in recent years, and surface parking adjacent to the public sidewalk occurs where there have been contemporary intrusions of fast food franchises, a shopping mall and a large grocery store.

   The Corridor begins near the intersection of Baxter Avenue, Cherokee Road, and East Broadway, which is near the location of the Cave Hill Cemetery entrance and also forms the northwest corner of the Cherokee Triangle Historic District. The west side of the intersection contains several intrusions to the district. The commercial character of this northern end of Baxter Avenue was mostly developed in the 1880’s, but there are scattered examples of early vernacular and Italianate residential and commercial styles as well as major turn-of-the century Classical Revival and eclectic commercial buildings.

   Throughout the Corridor, many vernacular Victorian residential structures remain intact, varying in material, style, and decorative treatments. The architectural phenomenon of residences adapted for commercial use by building a one-story addition to the front of the residence is first seen in the Corridor at the northern section of Baxter Avenue. These additions extend the building fronts to zero setbacks and are of a consistent style using red pressed brick with parapet walls containing a minimum number of decorative elements, central entrances flanked by display windows, and transom lights.

   The full block of storefronts with zero setbacks forms a pronounced early twentieth-century commercial pattern between Alta and Bonnycastle. At Speed Avenue, the residential character of the neighborhoods adjacent to the Corridor predominates. The Corridor is also intersected by Eastern Parkway, part of the Olmsted-designed park system, which is characterized by a wide, tree-lined verge that establishes a deep setback along the parkway for the adjacent commercial developments that face the Corridor. Several intrusions of fast food and automobile-oriented service facilities occur between Highland Avenue and Grinstead Drive and at all four corners of Bardstown Road and Grinstead Drive. Similar intrusions of parking lot-oriented fast food and retail between Beechwood and Longest Avenue and, intermittently, between Wrocklage Avenue and Kaelin Avenue, create the largest breaks in the historic character of the corridor. However, the concentration of fine examples of utilitarian, commercial, and residential architecture, as well as storefront additions in the vernacular style discussed earlier, remains intact along the remainder of the Corridor.

(Lou. Metro Ord. No. 265-2007, approved 11-26-2007)

      (1)   The Bardstown Road/Baxter Avenue Overlay District (or BROD, for short) was created in January 1990 to help enhance the appearance and economic vitality of one of the community's most successful and appealing neighborhood commercial areas - the stretch of Baxter Avenue and Bardstown Road running through the Highlands. BROD is administered by the city's Division of Planning and Design Services, with input from a citizen-review panel known as the Bardstown Road/Baxter Avenue Corridor Overlay Review Committee. Within the Division of Planning and Design Services the city's Urban Design Administrator and Staff (Overlay Staff) administers, manages, and conducts the architectural review process.

      (2)   The guidelines are not intended to discourage development or to dictate architectural design or style, but to encourage such development that contributes to the overall design quality of the Bardstown Road/Baxter Avenue Overlay District. The guidelines address construction and other external changes to buildings and properties located in the Overlay District.

      (3)   They are intended to promote compatibility of new development with existing land use and design features, to enhance the Bardstown Road/Baxter Avenue's visual quality, to preserve the District's commercial character with a pedestrian friendly environment and to strengthen the economic vitality of District Overlay by encouraging new investment and further business, residential, and commercial development in appropriate locations in Downtown.

      (4)   All development proposals within the Overlay shall comply with applicable guidelines. However, a proposal that does not conform to one or more specific guidelines may be approved by the Committee or its staff if they determine that the proposal is in conformance with the intent of the guidelines as a whole.

      (5)   The principles and guidelines of the Bardstown Road/Baxter Avenue Overlay District expand upon the requirements of the Land Development Code as necessary to achieve the objectives of these facets of urban design in recognition of a project's specific location.

         (a)   Applicants are required to reuse and reface existing "significant or contributing signs". "Significant or contributing signs" are signs that are unique in design or material fabrication. These signs contribute to the history and diverse character of the BROD. (See list of significantly contributing signs; next page). For signage to be recognized as "significantly contributing" or for existing recognized signs to be removed or altered, an application must be submitted to the Overlay Staff.

         (b)   Contributing signs which have been painted directly onto walls and represent out of date logos or logos for businesses that are no longer in business are encouraged to remain in either their existing faded condition or restored to their original condition. These signs are recognized as contributing to the historic, artistic character of the Corridor and our community.

         (c)   Back-lit cabinet signs and monument signs including re-faced signs shall have opaque, non-illuminated face panels; only the individual letters and /or logos should be back-lit, not the entire surface of the sign.

         (d)   Freestanding pole signs are not allowed. Existing pole signs that are associated with a property that has not been abandoned or vacant for a period of less than one year may be restored or refaced.

         (e)   Signs that incorporate flashing text, animation, moving graphics, video, or LED text/ image signage with a text change rate greater than one hour are prohibited.

         (f)   Storefront window signage including temporary window signage and promotional advertising shall not exceed 25% of the total window area. Neon and hanging window signs are encouraged, and add to the "active atmosphere"for both vehicles and pedestrians.

         (g)   Projecting wall signs can be erected or attached to a building's wall and extend a minimum of 18 inches to a maximum of eight feet from the wall surface. These signs are mounted perpendicular to the building's façade.

         (h)   Projecting banner signs can project no more than 24 inches from the face of the building. These signs should be attached so that they do not "flap" in the air, and should be removed or replaced when they show signs of unattractive wear.

         (i)   Attached wall signs or projecting signs are preferred. Attached signage composed of individual letters or symbols is also preferred.

         (j)   Monument sign. Monument signs are allowed only for businesses with a minimum front yard of 15 feet as measured from the street to the wall of the structure. Monument signs must also be set back a minimum of 16 feet from the adjacent side property line. For businesses with less than the required setback requirements, attached wall, awning, or window signage is recommended.

         (k)   Existing, nonconforming signage must be removed prior to new approved signs being installed. A "significant or contributing sign" as defined by the guideline in (B)(2)(a) is exempt from this requirement.

         (l)   Neon and neon simulated bulbs such as ("fiber optic" and "LED lighting strips" that simulate neon) are encouraged and help to maintain a sense of activity and contribute to the animated environment of the Corridor.

         (m)   Projecting lighting fixtures used for externally illuminated signs shall be simple and unobtrusive in appearance. They should not obscure the graphics of the sign.

         (n)   Directional signage is used to direct pedestrian or vehicular traffic. No more than one image, logo, or text combined with the "entry" or "exit" text is allowed on each directional sign. Directional signage can not exceed three feet in height above finished grade.

         (o)   All exposed conduit, electrical transformer boxes, and electrical raceways should be concealed from public view, or painted to blend in with background.

         (p)   Multiple signs placed on a building's façade should be compatible with other surrounding signage located on the structure.

         (q)   Permanent banner signage shall be made of canvas material or matte textured vinyl material.

 

         (a)   Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building.

         (b)   Signs may not be located in the right-of-way unless they are approved by the Public Works Department. Exceptions include portable “A” frame signs which must be removed at the close of the business day. “A” frame signs can not exceed four feet in height and three feet in width.

         (c)   All wood signs need to be stained or painted and have a finished appearance.

         (d)   No sign or portion of a sign shall extend above the cornice line at the top of the building facade or exceed 20 feet in height above finished grade. Rooftop signs are prohibited.

         (e)   New outdoor advertising billboards are not permitted. Removal of existing billboards is encouraged to promote an active and engaging atmosphere for pedestrians and vehicle traffic.

         (a)   Lettering, logos, and other symbols shall take up less than 33% of the total area of an awning that is attached to a commercial structure. It is recommended that signs and logos be located on the valance area of awnings that have them.

         (b)   Convex or (bull nose) awnings are not allowed. Shed awnings are visually lighter and have simpler features, and they are more traditional in appearance than convex or bull nose awnings. Awnings with no end panels are more transparent and allow better views into openings and storefronts. Awnings with back-lit graphics or other kinds of interior illumination are not allowed.

         (c)   Approved awning fabric materials include canvas and vinyl.

         (d)   Metal or glass canopies may be appropriate on some buildings if they are compatible with the design and scale of the building.

         (e)   Awnings and canopies are to be installed at a minimum of eight feet above finished grade so that pedestrian entry clearances are operationally functional. Awnings must project a minimum of 24 inches from the building. They should be mounted on the wood or metal framing within a door or window opening (and not on the wall surrounding the opening).

         (f)   In openings with transoms, the awnings should be mounted on the horizontal framing element separating the storefront window from the transom. Awnings should be designed to project over individual window and door openings and not be a continuous feature extending over masonry piers or arches.

         (a)   Existing structures along the Bardstown Road/Baxter Avenue Corridor are encouraged to be renovated and reused. The Overlay Staff can assist a licensed architect or design professional to develop designs that adaptively reuse these structures to meet the needs of new businesses and services. The Overlay Staff will also assist the applicant through the review and approval process.

         (b)   Buildings should be “pedestrian- friendly”. Design building facade elements that promote a pedestrian-friendly environment include building to the edge of sidewalk, large storefront window openings at the ground floor, awnings, canopies, and lighting.

         (c)   All storefront windows and doors at ground level shall have clear glass or light window tinting. Severe window tinting or mirrored glass is not permitted unless pre-approved by staff for "special conditions". Examples of "special conditions" may include restaurant kitchen areas, storage space, and restrooms that would need to be hidden from public view.

         (d)   New structures should be located at the front property line. Building sites should provide side yards wide enough to allow for maintenance of the building unless common party walls are provided on the lot line.

         (e)   High quality materials and historically appropriate architectural details at the ground floor/street level of buildings can both accent buildings, and provide visual interest for pedestrians and motorists.

         (f)   New structures greater than three stories high may be permissible if taller portions are set back from the street frontage so that overall sight lines are compatible, and if the increased height is not intrusive towards adjacent structures.

         (g)   A visual terminus, such as a cornice at the top of a wall helps articulate the architecture, and gives it a completed finished look.

         (h)   Roof forms that are inconsistent with the character of the Bardstown Road/Baxter Avenue Corridor include single pitch (shed) roofs, curving roofs. Flat roof forms with parapets are well-suited to the character and image of the Bardstown Road/Baxter Avenue Corridor.

         (i)   Outdoor eating or temporary seating located within public sidewalk areas must receive staff approval prior to installation. A four-foot wide pedestrian zone is required in the public "right-of-way" sidewalk area.

         (j)   All new mechanical equipment that is visible from a public right-of-way should be installed to have a minimal impact on adjacent properties and from public view. Replacement of existing mechanical equipment is considered general maintenance and will not require a staff review. Additional permits and approvals by other government agencies or authorities may be required.

         (k)   Permanent service counters, service bars, decks, or similar structures may not be constructed in front of a building's primary street facing façade.

         (a)   Public art should be available for the enjoyment and enrichment of people within the community. The plan should include a meaningful allowance for public art in the planning and construction of all projects.

         (b)   Public art can include all mediums, such as sculpture, mural or painting, film, light, or other forms of creative expression that are viewable on a site or building. Commercial logos or elements of commercial advertising for a business or organization are not considered public art under this definition.

         (c)   Public art shall be designed, executed and supervised by recognized artists or other design professionals who have been trained or have consistently provided examples of artistic work in their medium of expression.

         (d)   Public art must be integrated with the design of every project or development, and shall aesthetically enhance the urban environment of the District.

         (e)   Public art proposals should conform to the design guidelines and master plan established by the Mayor's Committee for Public Art (MCOPA).

         (a)   Development plans shall minimize the adverse visual impact of utility lines on the Corridor. Underground lines or service from the alley, where feasible, is encouraged.

         (b)   Combining existing, small, under-utilized lots to create shared parking areas that are more efficient and more accessible is strongly encouraged.

         (c)   Parking areas and drive-thru's should be located to the side or rear of structures.

         (d)   Parking areas adjacent to the public sidewalks must use landscaping, trees, colonnades or other construction, to maintain the building line created by structures along the sidewalk. Side parking lots which exceed 40% of the total linear lot frontage adjacent to right-of-way shall provide a 36" high masonry, stone, or concrete wall that makes reference to a similar design within the surrounding area extending from the principal structure across the front of the parking area. Surface parking lots with no principal structure shall provide the 36" wall as described. The 36" tall wall can wrap around any existing or proposed monument signage to maintain visibility.

         (e)   Adequate perimeter landscaping, fencing, or a combination of both is required to help screen parked vehicles from full public view. The screening height shall be 36" above finished grade of parking lot. This height will enable drivers of vehicles to safely see and avoid other pedestrians and vehicles while screening most of the parked vehicles’ mass.

         (f)   New development projects should provide adequate and significant screening to adjacent residential structures. Opaque landscape buffers and other forms of screening shall be used to minimize noise and lighting impact.

         (g)   Intensity, location, color, and direction of outdoor lighting shall be sensitive to nearby residential areas.

         (h)   Fencing and screening shall be constructed of materials compatible with the principal structure.

         (i)   Chain link fencing must not be visible from Bardstown Road/Baxter Avenue.

         (j)   The number and width of curb-cuts on the Corridor should be minimized to promote pedestrian circulation. Existing continuous curb-cuts should be reduced to widths necessary for vehicular traffic.

         (k)   Patios, plazas, or outdoor spaces, constructed, created, or installed in front of a structure that replaces existing turf and/or landscaped areas, shall use permeable pavers, pervious concrete, or equivalent permeable hard surface to reduce water runoff from the property.

         (l)   Minimum 4'-0" wide landscape buffer area containing a 36" minimum height (at maturity) screen shall run along 90% of the lineal area in front of the patio, plaza, or outdoor space that faces the street. This landscape buffer area shall include permanent landscaping material such as trees (minimum 1-3/4" caliper size at time of planting), shrubs (minimum 18" height at time of planting), groundcover, and /or perennials. Fences, planters, and/or walls (maximum height of 36") are permitted within the landscape buffer area. Landscape buffer plantings shall be installed prior to occupancy or use of the patio, plaza, or outdoor space.

         (m)   Existing trees located within the property or adjacent property along the street, alley, or access easement shall be preserved and protected unless the City Arborist determines they are not healthy or are dangerous and should be removed. Removed trees should be replaced with appropriate trees approved by the City Arborist. The replacement trees shall be sized at a minimum of 1-3/4" caliper (at time of planting). Replacement tree(s) shall be planted within three months of the tree(s) removal or during the next planting season, whichever comes first.

         (n)   The construction or installation of a deck or structure built off the ground and over existing landscaped areas in front of a building's primary façade is prohibited. Balconies located on the second or third floors of buildings that are cantilevered or bracketed, scaled to match the building's façade, and utilize contextual materials are appropriate.

         (a)   Changes to the exterior of contributing historical structures and other structures within the Corridor which were constructed in the last 65 years and that have not been significantly altered shall be reviewed in accordance with the standards established for contributing historic structures by the United States Secretary of the Interior, but the Planning and Design Director or Committee may relax these standards in the interest of accomplishing the intentions of these guidelines.

         (b)   The design of new or substantially remodeled structures which are adjacent to contributing historic structures should be compatible with them and should incorporate similar design details or references where appropriate.

         (c)   No application to demolish any contributing historical structure or structure built within the last 65 years shall be approved by the Urban Design Administrator unless the applicant demonstrates to the satisfaction of Urban Design Administrator and the Historic Preservation Officer:

            1.   That the rehabilitation of a structure or construction of a new structure will have a greater positive impact on the District's economic vitality and appearance than would preservation of the structure proposed to be demolished and the rehabilitation of the structure or the construction of the new structure would not be possible or economically feasible without the demolition of the structure proposed to be demolished; or

            2.   That the applicant cannot obtain a reasonable economic return from the property or structure unless the contributing historical structure or structure constructed within the fast 65 years is demolished in accordance with the application.

(Lou. Metro Ord. 69-2009, approved 6-1-2009; Lou. Metro Am. Ord. 245-2011, approved 11-10-2011)

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015)

   There are several defining characteristics that are identified with the NuLu Review Overlay District that help to shape the identity of the area. The NuLu District is situated in the Phoenix Hill Neighborhood and its history is preserved and portrayed through the commercial, residential, and religious structures located within the District’s boundaries. The NuLu District is part of the Phoenix Hill National Register Historic District, and includes local landmark properties and other buildings of historical or architectural significance. Commercial structures and residences with distinctive architectural features assist in creating a unique contextual and eclectic environment. Several architecturally significant buildings, due to their location, height, mass, and design serve as visual landmarks throughout the District and downtown.

   East Market Street runs through the core of the District and serves as its primary connector with Downtown. The street is primarily bordered by two and three story Italianate commercial structures from the late nineteenth and early twentieth centuries, along with modern infill structures that were constructed on vacant lots. The width of Market Street was historically a key element that allowed it to function as a market for selling goods; this feature remains a distinctive design feature today that enhances both pedestrian and vehicular movement.

   Historically, building height in the District ranges from one to five stories, with the predominance given to buildings between one and three stories in height. The overall design character of the area is that of building forms featuring both large and small scale massing, with a feeling of light and openness. Many buildings, particularly retail and related structures on Market Street, have both a well located and defined public entrance from the sidewalk. A majority of the District’s structures are historic and utilize such materials as brick, wood siding, cast iron, and metal. Contemporary structures in the District highlight glass curtain wall and wall panel cladding systems. The District also includes historic churches, a mix of one- story residential shotgun style homes and shotgun homes with camel back additions, and a mixture of commercial manufacturing and warehouse storage structures.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)

      (1)   The NuLu Review Overlay District was created in 2015 to help enhance the appearance, sustainability, and economic vitality of the NuLu area - one of the community's burgeoning mixed-use areas. The boundaries of the District are provided in Appendix H of this chapter. The District's permit review process is administered by the Louisville Metro Office of Planning, with input from a citizen-review panel known as the NuLu Review Overlay District Committee, as prescribed by KRS 82.670. Within the Office of Planning, the Urban Design Administrator and staff administers, manages, and conducts the architectural review process.

      (2)   The guidelines are not intended to discourage development or to dictate specific architectural design or style, but to encourage development that contributes to the overall design quality and sustainability of the District. The guidelines address construction and other external changes to buildings and properties located in the District.

      (3)   They are intended to promote compatibility of new development with existing land use and design features, to enhance NuLu's visual quality, to reinforce the area's focus on sustainability, to preserve the area's mixed-use character with a pedestrian friendly environment, and to strengthen the economic vitality of the area by encouraging new investment in business, residential, and commercial development in appropriate locations.

      (4)   All development proposals within the District shall comply with applicable guidelines; however a proposal that does not conform to one or more specific guidelines may be approved if it is determined that the proposal is in conformance with the intent and objectives of the District. In the event a guideline is not met, the Urban Design Administrator or the Committee may impose a condition(s) of approval on a permit that mitigates the deficiency, such as a condition to exceed the minimum requirements of another guideline or to meet a guideline that is not mandatorily required.

      (5)   The principles and guidelines of the District expand upon the requirements of the Land Development Code as necessary to achieve the objectives of these facets of urban design in recognition of a project's specific location.

      (1)   Existing buildings are strongly encouraged to be sustainably renovated and reused.

      (2)   A new building or street facing addition shall be a minimum of three stories in height if located in a downtown or urban center neighborhood form district and a minimum of two stories in height if located in another type of form district (as shown on the official form district map associated with the land development code).

      (3)   A new building or addition may be up to eight stories in height if located in a downtown form district, six stories in height if located in an urban center neighborhood form district, and up to four stories in height in another type of form district (as shown on the official form district map associated with the land development code). If a building includes structured parking, an additional story is permitted if at least one story of the building is 50% or more parking.

      (4)   The ground and second stories of a new building or addition shall be located at the front property line, unless there is deeper historic setback on the block that is more appropriate. Building sites shall provide side yards wide enough to allow for maintenance of the building unless common party walls are provided on the lot line.

      (5)   A new building or addition that is greater than three stories in height shall be designed to be compatible with any existing historic building on the same or a contiguous lot. Upper stories may need to be stepped back. The location should be considered carefully in order to avoid blocking any historic building's primary elevation(s). New construction should be placed away from or at the side or rear of historic buildings and must avoid obscuring, damaging, or destroying character-defining features of these buildings.

      (6)   A new building on Main, Market, or Jefferson Street should be designed for mixed-use, with the potential and opportunity for nonresidential uses on the ground floor.

      (7)   A new building on Hancock or Clay Street should be built to a neighborhood-scale and designed for mixed-use.

      (8)   A new building or addition shall be designed in a manner that is compatible in scale with neighboring buildings. In cases in which the development site includes more than a quarter of the block, several buildings are encouraged rather than a single larger building. Larger buildings should utilize design features to reduce monotony and massing, such as insets, changes in material, and varying heights. Variations on the facade plane such as inset entries, building piers, and other details can assist in providing relief to long expanses of building wall.

      (9)   Buildings shall be "pedestrian-friendly" in design. Building facade elements that promote a pedestrian-friendly environment include: building to the front property line, large storefront window openings at the ground floor, awnings, canopies, and lighting.

      (10)   Primary building entrances shall face the street and be accentuated. Such entrances should be designed so that they are easily identified and not confused with secondary entrances or entrances not intended for use by the general public. Art and higher levels of architectural detail can help distinguish building entrances.

      (11)   On a corner building, there shall be a corner entrance or at least one entrance on each street facing façade.

      (12)   A building shall provide multiple entrances on any street facing frontage that is wider than a typical lot for the block, with an entrance at least every 50 feet for buildings over 50 feet in length.

      (13)   Habitable space shall occupy at least 50% of the cumulative length of the streetwall of a building. Where a building occupies an entire block, the inhabitable streetwall must be distributed so that it is not all located on one half of the block.

      (14)   When a development includes or is adjacent to a historic structure, the design of the new building or addition should reinforce its character with a design that respects established cornice lines, horizontal and vertical facade organization, and massing of historic buildings in the context.

      (15)   Buildings date the historical development of the city. A new building or addition should avoid mimicking a past architectural style in such a way that it appears to have been built significantly earlier.

      (16)   A new building or addition shall utilize higher quality, durable materials, such as masonry, and appropriate architectural details at the ground floor / street level to accent the building and provide visual interest for pedestrians and motorists. Excluding single-family residences, EIFS (Exterior Insulation and Finish System) and vinyl siding are prohibited on the ground floor story of street and alley facing facades.

      (17)   A new building or addition shall be comprised of materials that are characteristic of the area. A majority of the District's structures are historic and utilize such materials as brick, wood siding, cast iron, and metal. Contemporary structures in the District highlight glass curtain wall and wall panel cladding systems.

      (18)   All storefront windows and doors at ground level shall have clear glass or light window tinting (allowing 70% or more of visible light to pass through). Highly tinted or mirrored glass is not permitted unless approved for "special conditions". Examples of "special conditions" include restaurant kitchen areas, storage space, and restrooms that need to be screened or hidden from public view.

      (19)   A new building or addition should have a visual terminus, such as a cornice at the top of a wall, to help articulate the architecture and to provide a finished look.

      (20)   A new building or addition should not have a blank or unarticulated walls visible from the street. Variations on the facade plane such as inset entries, building piers, and other details can assist in providing relief to long expanses of building wall.

      (21)   A new building or addition for residential use should provide balconies and terraces.

      (22)   If a building includes structured parking, it shall be integrated into the design of the building. A parking garage visible from the street shall be integrated into its surroundings and provide active and inviting street level appearance. Structured parking and parking garages should avoid having ramped floors visible from the street; provide articulated openings and entrances; minimize the size of vehicle entries; and screen parked cars from pedestrian view.

      (23)   All new mechanical equipment that is visible from other buildings or the street should be installed to have a minimal impact on adjacent properties and from public view unless the equipment is solar dependent. In this instance, function supersedes design. Rooftops should not look cluttered from any pedestrian vantage point. All mechanical or utility equipment should be well-integrated into the overall design.

      (24)   Accessory structures shall not be constructed or permitted within any required setback/yard. These structures shall be subordinate in size to the principal structure, shall not be visible from the public street, and shall be screened from adjacent residential areas by fencing or walls.

      (25)   Excluding situations in which the building official has determined that there is a risk to public safety, in addition to a wrecking permit, a building shall not be demolished until an Overlay Permit and a building permit have been issued for the replacement of the building with new development.

      (26)   Buildings that are found to be contributing to the District by the Committee shall not be demolished or substantially altered.

      (1)   Shed awnings are visually lighter and have simpler features, and they are more traditional in appearance than convex or bull nose awnings. Awnings with no end panels are more transparent and allow better views into openings and storefronts. Convex (or bull nose) awnings are not permitted.

      (2)   Approved awning fabric materials include canvas and vinyl.

      (3)   A metal or glass canopy is permitted if it is compatible with the design and scale of the building.

      (4)   Awnings and canopies are to be installed at a minimum of 9'-0" above finished grade so that pedestrian entry clearances are operationally functional. Awnings must project a minimum of 24" from the building. They should be mounted on the wood or metal framing within a door or window opening (and not on the wall surrounding the opening).

      (5)   In openings with transoms, awnings should be mounted on the horizontal framing element separating the storefront window from the transom. Awnings should be designed to project over individual window and door openings and not be a continuous feature extending across an entire façade.

      (6)   Damage to a contributing structure shall be avoided when installing an awning. Hardware should be limited to that which is required for structural stability and should be driven into mortar joints, not masonry.

      (1)   New commercial developments should provide adequate and significant screening to residential structures on contiguous properties. Opaque landscape buffers and other forms of screening should be used to minimize noise and lighting impact.

      (2)   Minimum 4'-0" wide landscape buffer area containing a 36" minimum height (at maturity) screen shall run along 90% of the lineal area in front of the patio, plaza, or outdoor space that faces the street. This landscape buffer area shall include permanent landscaping material such as trees (minimum 1 3/4" caliper size at time of planting), shrubs (minimum 18" height at time of planting), groundcover, and/or perennials. Fences, planters, and/or walls (maximum height of 36") are permitted within the landscape buffer area. Landscape buffer plantings shall be installed prior to occupancy or use of the patio, plaza, or outdoor space.

      (3)   Existing trees located within the property or adjacent property along the street, alley, or access easement shall be preserved and protected unless a qualified arborist determines they are not healthy or are dangerous and should be removed. Removed trees should be replaced with appropriate trees. The replacement trees shall be sized at a minimum of 1 3/4" caliper (at time of planting). Replacement tree(s) shall be planted within three months of the tree(s) removal or during the next planting season, whichever comes first.

      (4)   Service and loading areas shall be located to the rear, accessible by alleys when possible.

      (5)   New drive through facilities, windows, and lanes are prohibited.

      (6)   Design elements such as building configuration and streetscape design, including lighting, shall be used to support visual and pedestrian connections to open space. Provide water features where appropriate.

      (7)   Intensity, location, color, and direction of outdoor lighting shall be sensitive to nearby residential areas.

      (8)   Development shall minimize the adverse visual impact of utility lines on the area. Underground lines or service from the alley, where feasible, is encouraged.

      (9)   Fencing and screening shall be constructed of materials compatible with the principal structure.

      (10)   Chain link fencing is prohibited, except as a temporary measure.

      (11)   Barbed wire, razor wire, and other such materials are prohibited on fencing and walls.

      (12)   Permanent service counters, service bars, elevated decks, or similar structures may not be constructed in front of a building's primary street facing facade. If required and designed appropriately, low elevation decks are acceptable for outdoor dining.

      (13)   A new surface parking lot with no principal structure is prohibited and an existing surface parking lot with no principal structure shall not be expanded.

      (14)   New surface parking may only be permitted if adequately screened from pedestrian view, located on the same site as the principal use in which it serves, and contains no more than the minimum off-street parking requirement. Such a parking area adjacent to a public sidewalk must use landscaping, trees, colonnades or other construction to maintain the building line created by structures along the sidewalk. Side parking lots which exceed 40% of the total linear lot frontage adjacent to right-of-way shall provide a 36" high masonry, stone, or concrete wall that makes reference to a similar design within the surrounding area, extending from the principal structure across the front of the parking area. The 36" tall wall can wrap around any existing or proposed monument signage to maintain visibility.

      (15)   Shared parking areas that are more efficient and accessible are encouraged.

      (16)   The number and width of curb-cuts should be minimized to promote pedestrian circulation and safety. Existing continuous curb-cuts should be reduced to the minimum widths necessary for vehicular ingress/egress or removed when not required. Development should place curb cuts at alley locations where possible.

      (17)   Specialty pedestrian paving, such as pavers, should continue at a level walking surface across mid-block curb cuts.

      (18)   Adequate perimeter landscaping, fencing, or a combination of both is required to help screen vehicles and/or equipment from public view. The screening height for vehicle parking lots shall be 36" above finished grade of the lot. This height will enable drivers of vehicles to safely see and avoid other pedestrians and vehicles while screening most parked cars. A 7'-0" max high screened fence or wall can be used for industrial or commercial sites to screen for large vehicles or equipment on site.

      (19)   Provide sidewalk connections to plazas and open spaces.

      (20)   Street furniture should be provided in or adjacent to the public right-of-way for pedestrian use.

      (21)   Allow sufficient room for tree canopies to grow and develop without conflict with other building elements.

      (22)   In high pedestrian use areas, tree guards should be installed to protect the trunks from damage. A guard should provide sufficient space for the mature trunk size of the specific species or should be adjustable as the tree matures.

      (1)   Significant, historic, and contributing signs shall be preserved, maintained, and, if possible, re-used. "Significant, historic, or contributing signs" are signs that are unique in design or material fabrication. These signs contribute to the history and diverse character of the District. (See list of significant, historic, or contributing signs below).

List of significant, historic, and contributing signs.

 

   

      (2)   Significant, historic, or contributing signs or graphics that have been painted directly onto walls and represent out of date logos or logos for businesses that are no longer in business are encouraged to remain in either their existing faded condition or restored to their original condition where appropriate. These signs are recognized as contributing to the historic artistic character of the area and our community.

      (3)   Freestanding pole signs are prohibited. Existing pole signs that are associated with a property that has not been abandoned or vacant for a period of less than one year may be restored or refaced, but not expanded in size.

      (4)   Back-lit cabinet signs and monument signs, including re-faced signs, shall have opaque, non-Illuminated face panels; only the individual letters and/or logos should be back-lit, not the entire surface of the sign.

      (5)   Attached wall signs or projecting signs are preferred. Attached signage composed of individual letters or symbols is strongly preferred.

      (6)   Signs that incorporate flashing text, animation, moving graphics, video, or changing image signage with a text change rate greater than one hour are prohibited.

      (7)   Storefront window signage including temporary window signage, window cling signs, and promotional advertising shall not exceed 25% of the total window area. Neon and hanging window signs are encouraged, and add to the "active atmosphere" for both vehicles and pedestrians.

      (8)   Projecting wall signs can be erected or attached to a building's wall and extend a minimum of 18" to a maximum of 8'-0" from the wall surface. These signs are mounted perpendicular to the building's facade.

      (9)   Projecting banner signs can project no more than 24" from the face of the building. These signs should be attached so that they do not "flap" in the air, and should be removed or replaced when they show signs of wear or fading.

      (10)   Multiple signs placed on a building's facade should be compatible in size, material, and design with other signage located on the structure.

      (11)   Permanent banner signage shall be made of canvas material or matte textured vinyl material. Permanent banner signage should be removed or replaced when they show signs of wear or fading.

      (12)   Lettering, logos, and other symbols shall take up less than 33% of the total area of an awning that is attached to a commercial structure. It is recommended that signs and logos be located on the valance area of awnings that have them.

      (13)   All wood signs need to be stained or painted and have a finished appearance.

      (14)   Existing non-conforming signage must be removed prior to new approved signs being installed. A "significant, historic, or contributing sign" as identified in these guidelines is exempt from this requirement.

      (15)   Neon and neon simulated bulbs (such as "fiber optic" and "LED lighting strips" that simulate neon) are encouraged and help to maintain a sense of activity and contribute to the animated environment of the District.

      (16)   Projecting light fixtures used for externally illuminated signs shall be simple and unobtrusive in appearance. They should not obscure the graphics of the sign.

      (17)   Directional signage is used to direct pedestrian or vehicular traffic. No more than one image, logo, or text combined with the "entry" or "exit" text is allowed on each directional sign. Directional signage cannot exceed 3'-0" in height above finished grade.

      (18)   All exposed conduit, electrical transformer boxes, and electrical raceways should be concealed from public view, or painted to blend in with background.

      (19)   New outdoor advertising billboards are prohibited. Removal of existing billboards is highly encouraged.

      (20)   Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building.

      (21)   Signs may not be located in the right-of-way unless they are approved by the public works department. Exceptions include portable "A" frame signs. "A" frame signs cannot exceed 4'-0" in height and 3'-0" in width, shall not be placed in locations that impede pedestrian traffic, and shall be located in front of the storefront near the entrance.

      (22)   No sign or portion of a sign shall extend above the cornice line at the top of the building facade. Rooftop signs are prohibited.

      (1)   Changes to the exterior of Contributing Historic Structures and other structures within the Overlay District that were constructed 50 years ago or longer and have not been significantly altered, shall be reviewed in accordance with the standards established for contributing historic structures by the United States Secretary of the Interior. However, the Committee may relax these standards in the interest of accomplishing the intentions and objective of these guidelines.

      (2)   The design of new or substantially remodeled structures that are adjacent to contributing historic structures should be compatible with them and should incorporate similar horizontal and vertical planes or references where appropriate.

      (3)   Alterations to a historic building that has not been identified as contributing as part of a National Register District should be carried out in accordance with the standards established for contributing historic structures by the United States Secretary of the Interior.

      (4)   Existing structures that are identified locally or nationally as having significant historic character should be retained and incorporated into new development.

      (5)   No application to demolish any contributing historical structure or structure built 50 years ago or longer shall be approved by the Urban Design Administrator or Committee unless the applicant demonstrates to the satisfaction of Urban Design Administrator/Committee and the Historic Preservation Officer:

         (a)   That the rehabilitation of a structure or construction of a new structure will have a greater positive impact on the area's economic vitality and appearance than would preservation of the structure proposed to be demolished; and the rehabilitation of the structure or the construction of the new structure would not be possible or economically feasible without the demolition of the structure proposed to be demolished; or

         (b)   That the applicant cannot obtain a reasonable economic return from the property or structure unless the contributing historical structure or structure constructed 50 years ago or longer is demolished in accordance with the application.

      (6)   A historic structure shall not be demolished until a building permit is secured for the approved development that necessitates the demolition. The historic structure should be adequately maintained and not neglected during this period. The Urban Design Administrator or Committee may apply a condition of approval stating the overlay permit involving demolition of a historic structure is null and void if no progress is made on the approved development that necessitated the demolition within a specified timeframe.

      (1)   Public art should be available for the enjoyment and enrichment of people within the community. The plan should include a meaningful allowance for public art in the planning and construction of all projects.

      (2)   Public art can include all mediums, such as sculpture, mural or painting, film, light, or other forms of creative expression that are viewable on a site or building. Commercial logos or elements of commercial advertising for a business or organization are not considered public art.

      (3)   Public art shall be designed, executed, and supervised by recognized artists or other design professionals who have been trained or have consistently provided examples of artistic work in their medium of expression.

      (4)   Public art, if implemented, should be integrated with the design of the project or development, and shall aesthetically enhance the urban environment of the District.

      (5)   Where applicable, public art proposals should conform to the design guidelines and master plan established by the Committee for Public Art (COPA).

      (6)   Public art shall be appropriate to its setting, surrounding architecture, and social context.

      (7)   Public art may include installations that are focused on expressing local history, celebrating and identifying the neighborhood, and expressing civic pride.

      (8)   In order to not be further classified and regulated as a sign, public art cannot contain an advertisement in any form, actual or perceived, including but not limited to a slogan, logo, graphic, distinctive emblem, trademark, web address, or phone number that identifies a commercial business or a product or service offered by businesses, business complexes, schools, attractions, historical or tourist locations, malls, or other organizations (charitable, non-profit, fraternal, religious, political organizations, etc.). However, the art may include a logo, emblem, or trademark to acknowledge the sponsor or artist so long as the inclusion is incidental to the artwork and does not alter the message of the art, and its primary purpose is not to serve as an advertisement for the sponsor or artist's products or services.

      (9)   Murals shall be produced to remain in good condition for a duration of at least ten years. Murals should be maintained and repaired by the property owner if the surface is damaged, faded, or vandalized. Protective coatings are encouraged. Treatment operations include, but are not limited to, cleaning, retouched damaged or faded surfaces, reattachment of plaster detached from the wall, re-adhering flaking paint, and graffiti removal.

      (10)   Public art shall be incorporated into plazas and open spaces that are open to public access or view. Consider any built element as an opportunity for art, such as walls, paving, manhole covers, railings, signage, etc.

      (1)   New Infrastructure is encouraged to use at least 50% by mass, recycled or reclaimed materials.

      (2)   Projects should retain, reuse, and/or infiltrate on-site, all of the stormwater that falls on their parcel(s).

      (3)   The surface area of a landscaped or pervious condition slated for a repurposed use must maintain a level of permeability greater than or equal to its current state.

      (4)   Minimize the amount of hard pavement and ground cover which retains heat. Provide only the amount necessary.

      (5)   Maximize the amount of vegetation in trees, shrubs, groundcovers, and vines which cool the surrounding areas.

      (6)   Transit facilities should have a covered shelter, seating, bike racks, information kiosks, and appropriate signage.

      (7)   New commercial, industrial, and residential buildings should achieve standard sustainability certifications, such as LEED.

      (8)   New or replacement roofs with energy efficient "radioactive properties" should be considered.

      (9)   Living roofs are encouraged. A living roof, also known as a green roof or vegetated roof, is a roof that is partially or completely covered with vegetation and a growing medium, such as soil, that is planted over a waterproofing membrane.

(Lou. Metro Ord. No. 42-2015, approved 3-31-2015; Lou. Metro Am. Ord. No. 24-2025, approved 3-10-2025)