Chapter 3 Special Districts Appendix 3C Waterfront Review Overlay District Page 1 of 2

162.40 CREATION AND BOUNDARIES.

1.  
   1. Pursuant to KRS 82.660 - 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 on Exhibit A, attached to Ordinance No. 66-2004 and incorporated herein by reference.
   3. The distinctive characteristics of the District are described in Exhibit B, attached to Ordinance No. 66-2004 and incorporated herein by reference.
2. 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 three sub-areas with boundaries, which are incorporated by reference thereto and made a Part of this subchapter.
   1. Area A-l: Downtown (CBD) waterfront area. Consistent with the W-l 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. 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 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-l and B to the industrial waterfront in C-l. 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-l is encouraged. A transition from the urban waterfront of A-l 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.
   4. Area C-l: The balance of C-l 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 1-64, 1-71 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.
   5. 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 1-64, 1-71 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)

162.41 DEFINITIONS.

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

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.

The Waterfront Review Overlay District established pursuant to this subchapter; as shown on Exhibit A attached to Ordinance No. 66-200DISTRICT. 4.

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)

162.42 REVIEW OF DEVELOPMENTAL ACTIVITY AND PLANS.

1. 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.
2. The Board shall review all plans for conformity with the design standards established in § 153.77, 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-l and W-2 areas, and is preferred, where practicable, in the C-l 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, 1-71, 1-64 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 of the eastern limit 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 man-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)

162.43 PRINCIPLES AND GUIDELINES.

1. On and after the effective date of this subchapter no person shall make any alteration to a structure or building or undertake new construction as defined in § 162.41 within the District without obtaining a permit issued, without cost, pursuant to the procedures set forth in § 162.46 certifying compliance with the applicable design standards for the district as set forth in § 162.48.
2. The purpose of the district is to control development within the district in order to:
   1. Protect waterfront property as a valuable asset to the community in terms of quality of life and economic development;
   2. Protect public investment in the waterfront area;
   3. Create a character in the waterfront area that will stimulate private investment within the area;
   4. Enhance and encourage public enjoyment and use of waterfront scenic qualities and river activities;
   5. Encourage high quality development that is attractive to the public and enhances the waterfront's appearance; and
   6. Encourage development that is sensitive to the area's unique environmental qualities.
3. The establishment of the district shall not be deemed to repeal or in any respect alter the provisions and requirements of the flood plain regulations. (Lou. Metro Ord. No. 66-2004, approved 6-3-2004)

162.44 ADMINISTRATION AND IMPLEMENTATION.

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

1. Overlay District Administrator. The duties of the Overlay District Administrator shall be to:
   1. Classify all development activity in accordance with § 162.45 as:
      1. Exempt;
      2. Expedited; or
      3. Nonexpedited.
   2. Coordinate review of permit applications with the Departments of Public Works, Inspections, Permits and Licenses, and other agencies, commissions or boards.
   3. Review expedited development applications;
   4. For expedited development applications, issue a WRO Permit, issue a WRO Permit with conditions, or deny a WRO Permit pursuant to the procedures set forth in § 162.46.
   5. Serve as staff to the Board in its consideration of applications classified as nonexpedited.
2. The Overlay District Administrator may seek the advice of a body made up of persons possessing professional architectural or urban design expertise for review of applications as he deems necessary.
3. The Board shall have the following duties and responsibilities with respect to applications for WRO Permits:
   1. Meet with applicants for nonexpedited development projects to review their applications;
   2. For nonexpedited development applications, issue a permit, issue a WRO Permit with conditions, or deny a WRO Permit pursuant to the procedures set forth in § 162.46;
   3. Review decisions of the Overlay District Administrator on expedited development applications upon request of the applicant pursuant to § 162.46;
   4. Recommend to the Metro Council amendments to the guidelines as needed.
   5. The Board shall provide not less than five days written notice to the Butchertown Neighborhood Association (the "Association") of any meeting of the Board where one or more agenda items concerns property located within the boundaries of the Butchertown Neighborhood as defined by the Metro Planning Commission. The association shall designate in writing to the Board the name, mailing address, and telephone or fax numbers of a representative for purposes of receiving notice under this section on behalf of the association. (Lou. Metro Ord. No. 66-2004, approved 6-3-2004)

162.45 EXEMPT ACTIVITIES.

1. The following development activities shall be exempt from review under the guidelines:
   1. Ordinary repairs;
   2. Removal of existing signage without replacement;
   3. Temporary signage or structures;
   4. Emergency repairs ordered by a Metro Building Code enforcement official in order to protect health and safety;
   5. Alterations or major structural change only to the interior of a structure, unless visible from outside building; and(6) Demolition of an accessory structure, including but not limited to unconnected garages or storage sheds, billboards, fences or retaining walls.
2. All development activity within the District, except for exempt activities described in division (A) shall be classified as either requiring expedited or nonexpedited review under the guidelines, as follows:
   1. The following development activities shall be subject to expedited review:
      1. Landscaping;
      2. Sidewalk or street paving, lighting, streetscape furnishings, and banners;
      3. Signage; and
      4. Exterior alterations which are not major structural changes.
   2. The following development activities shall be subject to nonexpedited review:
      1. New construction;
      2. Major structural change;
      3. Parking facility development or redevelopment; and
      4. Demolition of a non-accessory structure. (Lou. Metro Ord. No. 66-2004, approved 6-3-2004)

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