APPENDIX D: DOWNTOWN DEVELOPMENT REVIEW OVERLAY PRINCIPLES AND GUIDELINES

(A) Louisville's downtown. The area of Louisville known as "downtown" is described by the community in several key documents and in very specific terms after extensive study. The goals and aspirations for downtown are clearly defined therein and subsequent regulations and review processes have been established to assist the community to achieve these goals for downtown.

(B) Goals - Plan 2040.

(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 (area) is comprised of predominantly office, civic, medical, high density residential and cultural land uses. It has a grid pattern of streets designed to accommodate a large volume of vehicular traffic and public transportation. There are provisions for on-street and long-term parking of vehicles and for substantial pedestrian and non- vehicular movement within the district. Buildings are generally the greatest in volume and height in the metropolitan area, and there is public open space including plazas and squares. The downtown form should give identity to the whole community and should provide for a mixture of high density and intensity uses. Unlike the other community forms, the downtown is already a geographically defined area that is described by the Louisville Codified Ordinance and in the Louisville Downtown Development Plan. The Downtown Development Plan also recognizes that the downtown consists of... subdistricts and describes those subdistricts.

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.

(D) Process - The Louisville Metro Land Development Code.

(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.

(E) Process - The Downtown Development Review Overlay.

(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.

(F) Character - The downtown area and its components. The downtown area, as with other successful metropolitan and urban areas, is composed of several key components that each serve a function but must work together successfully including: areas with specific and unique characteristics; boundaries, connections, and relationships of these areas; key streets and intersections; and the subsequent overall character of downtown.

(1) Areas of distinct character.

(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.

(2) Core downtown.

(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.

(4) East Main/Market.

(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.

(5) Medical Center. The majority of the Medical Center lies to the south and east of the Overlay but as one of Louisville's primary generators of activity, employment, research, and health service the Medical Center is a major component of downtown. The Medical Center draws a large population of residents from the city and the state seeking health services as well as a significant number of students and medical professionals associated with the University of Louisville and other hospital facilities. Adjacent districts strive to serve these populations with services from housing to restaurants to retail. This area is adjacent to the Phoenix Hill, and SoBro neighborhoods.

(6) South Broadway (SoBro). The SoBro area is south of the current Overlay border of Broadway and York Streets. Recently the subject of intense community interest and study, the area is poised for significant re-development as a residentially scaled urban neighborhood capitalizing on significant historic resources and building stock and providing neighborhood level services and business development. Its proximity and productive partnership with downtown is seen as a key component of its success.

(7) West downtown.

(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.

(8) Boundaries, connections, and relationships.

(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.

(9) Streets and intersections.

(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.

(G) Conclusion. The aforementioned documents developed by the community clearly define the physical configuration of downtown and its many unique qualities, the goals for its future development, and principles to guide that development. Another document, the Land Development Code, also specifically regulates the allowed uses and general dimensional parameters for new development in the downtown area as well as the rest of broader Louisville Metro area. It is the unique role of the Downtown Development Review Overlay to combine these written and accepted goals and aspirations into a methodology for detailed review of the physical development of downtown Louisville recognizing the special characteristics of its districts, streets, and adjacent neighborhoods. As a community driven process the Overlay ensures public participation in this review and accountability to the citizens of Louisville.

(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)

APPENDIX D: DOWNTOWN DEVELOPMENT REVIEW OVERLAY PRINCIPLES AND GUIDELINES

(A) Objective. (With references to the Ordinance, LMCO 162.01 - Downtown Overlay)

(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."

(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) Principle 1 - Site planning.

(1) Objective. Each downtown site lies within a specific neighborhood, adjacent to specific traffic corridors and intersections, and may be adjacent to areas of different intensity of development; may be near public open spaces; may be near historic and/or significant structures; and may contain historic and/or significant structures. These basic issues should be evaluated for the project site and considered at the earliest stages of concept development.

(2) Design guidelines.

(a) Building placement and orientation. It is intended that downtown develop as an urban environment with a consistent, animated street wall which defines a physical area that is friendly, active, and safe for the public. Generally speaking new construction should build to the front property line and extend the width of the property. Corner properties should be built to both frontages. Properties with three or more frontages should give consideration to the relative character of the frontages and focus development accordingly - primary consideration should be given to orientation toward major thoroughfares.

(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.

(c) Preservation of existing structures. Existing structures that are identified locally or nationally as having significant historic character should be retained and incorporated into new development. Modifications to these structures shall be in accordance with the latest edition of the Secretary of the Interior's Standards for Rehabilitation. No application to demolish these structures shall be approved unless the applicant is able to demonstrate that: a) rehabilitation of the structure or its replacement will have a greater positive impact on the economic vitality of the district than preserving the existing structure and that the construction of the new structure would not be possible or economically feasible without the demolition of the existing structure; or b) that the applicant cannot obtain a reasonable economic return from the property or structure unless the existing structure is demolished. Development within the West Main Street local preservation district shall be reviewed by the Historic Landmarks and Preservation Districts Commission.

(d) Site access. Careful consideration should be given to vehicular site access, on-site circulation, parking, and sufficient access for storage and collection of waste and recycled materials to minimize impacts to the street wall, pedestrian environment, and the streetscape. Consideration should also be given for other types of access such as pedestrian, public transit, and bicycle.

(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.

(2) Design guidelines.

(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.

(D) Principle 3 - Building to context.

(1) Objective. A certain amount of architectural diversity is expected in any downtown. However, buildings should be "good neighbors" by relating well to the common patterns of windows, entrances, cornice lines and column spacings around them and reinforcing the overall character of their immediate surroundings. Develop an architectural concept and compose the major building elements to reinforce desirable urban features in the surrounding context and district.

(2) Design guidelines. The exterior of any new construction or alteration should be designed and detailed to fit in with its architectural surroundings. Exteriors should:

(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.

(3) Reference: SOI Standards for Rehabilitation.

(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.

(E) Principle 4 - Building to pedestrian.

(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.

(2) Design guidelines.

(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.

(F) Principle 5 - Parking, vehicular use and access.

(1) Objective. Parking garages, surface parking, and vehicular use areas should have the same qualities and characteristics as any other downtown developments. They should relate strongly to their context, reinforce the urban street wall, and be designed to promote comfort and safety for pedestrians.

(2) Design guidelines.

(a) Parking garages. A parking garage visible from the street should be integrated into its surroundings and provide active and inviting street level appearance. The garage should:

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.

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.

(F) Principle 6 - Open space.

(1) Objective. New public open space, exterior and interior, should be located and designed to relate strongly to pedestrians and its built context. Design public open spaces to promote a visually pleasing, safe, and active environment for workers, residents, and visitors. Views and solar access from the principal area of the open space should be especially emphasized.

(2) Design guidelines.

(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.

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.

(G) Principle 7 - Street and sidewalk character.

(1) Objective. Downtown streets and sidewalks should be safe and attractive for both cars and pedestrians. Getting from one place to another should be a pleasant, comfortable, and rewarding downtown experience.

(2) Design guidelines.

(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.

(H) Principle 8 - Signage.

(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.

(I) Principle 9 - Public art.

(1) Objective. Public art is the continuously growing record of the community's identity, creativity, values, and its highest aspirations. Physically, public art is an element or installation of art - temporary or permanent - placed on public or private property including building exteriors and outdoor public areas for enjoyment by all. Incorporation of public art elements in downtown development is highly encouraged.

(2) Design guidelines.

(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)

APPENDIX E: CORRIDOR REVIEW OVERLAY DISTRICT

Corridor Review Overlay District maps

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

APPENDIX F: DISTINCTIVE CHARACTERISTICS OF THE BARDSTOWN ROAD/BAXTER AVENUE CORRIDOR REVIEW OVERLAY DISTRICT

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)

APPENDIX G: BARDSTOWN ROAD/BAXTER AVENUE OVERLAY DISTRICT PRINCIPLES AND GUIDELINES

(A) Objective.

(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.

(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.

BARDSTOWN ROAD/BAXTER AVENUE CORRIDOR REVIEW DISTRICT
Review Process

(B) Signage.

(1) Objective. Signage is important to every business. By posting signs you not only create a brand image for your business, but also create an opportunity to attract customers. The signage guidelines promote attractive, artistic, well proportioned and thoughtfully located signs which will enhance the existing Bardstown Road/Baxter Avenue Corridor. Signs are to be designed as integral parts of the site and architectural design of a proposed project.

(2) Sign design guidelines.

(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.

LIST OF CONTRIBUTING SIGNS

Doo Wop Shop	1587 Bardstown Road
Leatherhead	1601 Bardstown Road
Cricket	1707 Bardstown Road
Twig and Leaf	2122 Bardstown Road
Tom Drexler Plumbing	2233 Bardstown Road
Jarfi’s	1543 Bardstown Road
Old Town Liquors	1529 Bardstown Road
Sonotone	1839 Bardstown Road
Rose	2307 Bardstown Road
Buffalo Wild Wings	1055 Bardstown Road
Horton’s Porter Hardware	2202 Dundee Road
Falls City Beer Sign for Outlook Inn	916 Baxter Avenue

(1) Objective. The following signage guidelines will help you bring greater awareness to your business while allowing signs to add to the diversity and character of the Corridor.

(2) Sign mounting and placement.

(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.

(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.

(D) Awning guidelines.

(1) Objective. Awnings can add aesthetic value as well as provide shade and cover for pedestrians. There are, however, a few guidelines that need to be followed. Awnings and canopies should be mounted in locations that respect the design of a building and the neighboring structures, including the arrangement of bays and openings. In general, they should not obscure transom windows, grillwork, piers, pilasters, or ornamental features of a structure.

(2) Awning guidelines.

(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.

(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.

(E) Building guidelines.

(1) Objective. The buildings along Bardstown Road are not only picturesque but also historic in many ways. New structures should have a “contextual fit” and reinforce the existing pattern of individual storefronts facing Bardstown Road/Baxter Avenue. Contextual design elements include building setbacks, building heights, building form, rhythm of openings, rhythm of horizontal building lines, color, materials, texture, adjacent building styles, and building details should be respected in new projects.

(2) Building guidelines.

(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.

(F) Public art guidelines.

(1) Objective. Public art is the continuously growing record of the community's identity, creativity, values, and its highest aspirations. PUBLIC ART is defined as art placed on public or publicly-accessible private property, including building exteriors and outdoor public areas. Public art contributes to the local economy, and adds to the richness of the community. The consideration of public art should be included in every project's written development plan.

(2) Public art guidelines.

(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).

(G) Site planning, parking guidelines.

(1) Objective. Site planning is an important part of any project. Your site should incorporate attractive and maintainable landscaping to enhance the hardscape of the building. Plants can be used in minimizing the visual impact of parking lot and service areas along BROD.

(2) Site planning, parking guidelines.

(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.

(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.

(H) Historic preservation guidelines.

(1) Objective. Historic buildings (65 years of age or older) help to anchor the BROD to our community's history. Buildings can serve as reminders to future generations how Louisville's citizens lived and worked in the past while serving business and residential requirements today through adaptive reuse. These buildings can serve as future adaptive reuse opportunities. Contributing historical structures are structures that have unique designs, are constructed with unusual materials, or served the public in a manner that was important to the local area. Such structures also add character to the pattern of established development in the Corridor. Given the significant role of historic structures in the Corridor, demolition of any structure will entail stringent review.

(2) Historic preservation guidelines.

(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)

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