(A) Upon the effective date of this subchapter, within the District, no person shall commence any development activity as defined in this subchapter without obtaining a permit issued pursuant to the procedures set forth in this subchapter certifying compliance with the applicable overlay district development review guidelines established pursuant to this subchapter.
(B) The guidelines, set forth in Appendix J of this chapter, are enacted. The guidelines may be updated or amended from time to time upon a recommendation of the Committee and with the approval of the Metro Council. The guidelines are not intended to discourage development or to dictate architectural style or design, but to encourage such development that contributes to the overall design quality of the District. These guidelines and the distinctive characteristics for the District shall be the basis for evaluating applications for development proposals as applicable within the District as follows:
(1) All principles which are part of the guidelines for a particular District must be addressed before a permit may be issued.
(2) The Urban Design Administrator or Committee, as authorized respectively under this subchapter, may determine that a guideline should not be applied in evaluating a development application upon making findings of fact pursuant to this subchapter for each such guideline that:
(a) The particular location characteristics of the site or existing structure, make the guidelines inappropriate for purposes of reviewing the application; or
(b) The applicant has demonstrated that the application addresses distinctive characteristics of the District not reflected in the guidelines which are applicable and which provide an additional or alternative basis for determining conformance with the District.
(3) Upon making a determination that a development application concerns a site which is located in sufficient proximity to one or more other Districts and that it shares some of the characteristics of such nearby district or districts, the Urban Design Administrator or the Committee, as authorized respectively under this subchapter, may consider the applicable guidelines. However, a development application shall not be required to satisfy all of the guidelines in the other districts in order to demonstrate compliance.
(4) If a development application involves a phased project, the Urban Design Administrator or the Committee, as authorized respectively under this subchapter may, as a condition of approval of a permit for the first phase or phases, require landscaping, fencing, lighting and such other interim treatments as the Urban Design Administrator or the Committee may determine appropriate for the undeveloped portion of the phased project.
(C) The guidelines are intended to promote compatibility of new development with existing land use and design features, to enhance the District's visual quality, to preserve the District's commercial character with a pedestrian friendly environment and to strengthen the economic vitality of the District by encouraging new investment and further business and commercial development, in appropriate locations within the District.
(D) The application of guidelines is intended, in the public interest, to provide public review of the design elements of a proposed development within the District and of the community impact of a proposed demolition of a contributing historical structure within the District. Accordingly, public participation shall be encouraged in the review process.
(E) A development proposal that does not conform to one or more specific guidelines may be approved if it is determined that the proposal is in conformance with the intent of the guidelines considered as a whole.
(F) It shall be a condition precedent to obtaining any permit for any development activity within the District that the person has obtained a permit pursuant to this subchapter. Permits shall be issued only where it is determined, pursuant to the procedures established by this subchapter that the proposed development activity is in compliance with the guidelines.
(G) No application to demolish any contributing historical structure or Structure more than 65 years old shall be approved by the Urban Design Administrator unless the applicant demonstrates to the satisfaction of the Urban Design Administrator and the Louisville Metro Historic Preservation Officer:
(1) That the rehabilitation of the structure or construction of a new structure will have a greater positive impact upon the District's economic vitality and appearance than the preservation of the structure proposed to be demolished; and that the rehabilitation of the structure or the construction of the new structure would not be possible or economically feasible without the demolition of the structure proposed to be demolished; or
(2) That the applicant cannot obtain a reasonable economic return from the property or structure unless the contributing historical structure or structure more than 65 years old is demolished in accordance with the application.
(Lou. Metro Ord. No. 42-2015, approved 3-31-2015)