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(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)
WATERFRONT REVIEW OVERLAY DISTRICT
(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.
(2) Area A-2: This area provides the potential to expand the downtown waterfront oriented businesses and public uses. Protection of the established character of historic structures and the extension of the established Main Street scale are important. The transition and connection from the CBD to the river for the public, and especially pedestrian movement, are key concepts. Pedestrian and vehicular linkages north and south across River Road are important concerns.
(3) Area A-3: This area encompasses Waterfront Park Phase IV and the transition area between Waterfront Park and surrounding neighborhoods of Portland, Shippingport, Russell, and Downtown. This area is expected to witness increased activity and popularity due to its proximity to Waterfront Park as well as other ongoing development trends popular in such historic areas. The transition of current industrial operations to commercial and residential mixed uses is encouraged. The north-south streets, especially 12th Street, provide strong visual and pedestrian connections to the park. Streetscapes shall follow the Complete Street Ordinance and focus on walkability and multi-modal connectivity espically in the street network between Main Street and Waterfront Park. Careful placement of park features should create a visual terminus for each north-facing street to lessen the floodwall as a visual barrier.
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.
(4) Area B: This area contains Eva Bandman Park which is a community active and passive recreation area and should serve as a transition buffer from the urbanizing waterfront of Areas A-1 and B to the industrial waterfront in C-1. Area B is suited for a mix of public and private uses as Permitted with W-2 zoning. Extension of the public assembly and gathering facilities and river’s edge accessibility easterly from Area A-1 is encouraged. A transition from the urban waterfront of A-1 to a mix of developed and natural landscape at the water’s edge is expected. Residential use is encouraged with densities variable from high to medium, taking advantage of adjacency to the river and public park land and proximity to the CBD.
(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.
(6) Area C-2: This area is south of River Road and is expected to have both public and private open space and recreation and uses on the eastern end, and have the potential for private and public uses on the western side similar to the expectation for Area B. The design issues focus on the I-64, I-71 and River Road corridors, where it is desirable for these to continue to serve as scenic, landscaped approaches to Louisville’s CBD from the east. Development will be reviewed with the idea that intensity will diminish from the medium density dominant in Area B to the pastoral, open-space character present at the eastern edge of the 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)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires otherwise.
ALTERATION. A change to any part or to the whole of a structure that is not ordinary repairs.
BOARD. The Board of Directors of the Corporation.
BUILDING. Any type of man-made structure, except for temporary structures to be used for special events or emergency situations for a period not to exceed one month.
CORPORATION. The Waterfront Development Corporation.
DEVELOPMENT ACTIVITY. Any alteration, new construction or demolition of a structure, a change in business identification signs, a change in the use of a property, or the construction of public parking or other publicly accessible area.
DISTRICT. The Waterfront Review Overlay District established pursuant to this subchapter; as shown in Appendix A of this chapter.
GUIDELINES. The statement of specific design standards for the Waterfront Review Overlay District set forth in § 162.48.
MAJOR STRUCTURAL CHANGE. Structural alterations and structural repairs made within any 12-month period costing in excess of 50% of the physical value of the structure, as determined by comparison of the extent/value of the alterations involved and the replacement value of the structure at the time the plans for the alteration are approved, using the Building Officials Conference of America (BOCA) chart for construction cost.
NEW CONSTRUCTION. The erection of the whole or any part of a structure.
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, substantially alter appearance of the building, or affect by rearrangement, exit-ways and means of egress.
OVERLAY DISTRICT ADMINISTRATOR. The member of the staff of the Corporation delegated the responsibilities under this subchapter by the Board.
WRO PERMIT. An overlay district permit issued by the Corporation pursuant to this subchapter.
(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:
(1) Unified public spaces. The waterfront and adjacent lands in the district should be planned in a coordinated manner, with connected open-space systems, pedestrian ways, and public activity areas. Landscape concepts and details of materials and construction shall be related to convey a sense of harmony and unity.
(2) Continuity and coordinated private development. Design theme and aesthetic concept should both exhibit a relationship to the waterfront, and be coordinated with adjacent development. As appropriate, circulation systems should have continuity between parcels.
(3) Public accessibility to river’s edge. The Ohio River water’s edge should be accessible to the public for view and use throughout the W-1 and W-2 areas, and is preferred, where practicable, in the C-1 portion of the W-3 area.
(4) River’s edge treatment. The waterfront is viewed as the city’s front door and the face of the community. The quality of its appearance is important. The views from the river, I-71, I-64 and other vantage points are to be considered in design.
(5) River Road Parkway. River Road serves as a main entrance to the city and as an access road to the waterfront. This resource should be developed as a unified visual experience, in the tradition of the city’s existing parkway system.
(6) Downtown connection. The Central Business District (CBD) of the city should be tied directly to the waterfront through pedestrian and vehicular connections.
(7) River’s edge concept. From the wharf and Belvedere area to the outer limits of the WRO area, the character of the river’s edge will change from an urban “hard edged” setting to a natural and naturalized landscape appearance.
(8) River Road Parkway concept. The parkway is viewed as a human-made linear open space serving as a major entry to the city. From downtown to Zorn Avenue the character is expected to range from an urban tree-lined and lighted boulevard scene, through a transitional multi-use developed setting, to a naturalized open-space appearance.
(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)
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