Chapter 3 Special Districts Appendix 3B Downtown Overlay District Page 1 of 4

Downtown Overlay District

General Regulations
1. Upon the effective date of this Ordinance, within the overlay districts, no person shall commence any development activity as defined in § 158.07 without obtaining a permit issued, without cost, pursuant to the procedures set forth in § 158.08 certifying compliance with the applicable overlay district development review guidelines.
2. The Development Review Guidelines, attached hereto as Exhibit D, as amended on the effective date of this Ordinance and incorporated herein by reference, are enacted. The Development Review Guidelines are not intended to discourage development or to dictate architectural design or style, but to encourage such development that contributes to the overall urban design quality of the downtown and of each district. These Development Review Guidelines and the distinctive characteristics for each overlay district shall be the basis for evaluating applications for development proposals as applicable within each district as follows:
  1. All Principles, as defined in Section 158.03, which are Part of the Development Review Guidelines for a particular Overlay District, must be satisfied before an overlay district permit may be issued.
  2. In order to demonstrate conformance with a particular Principle for an Overlay District and compliance with the Development Review Guidelines, a development application need not satisfy all District guidelines, as defined in Section 158.03, which relate to that Principle if a determination is made pursuant to the provisions of Subsection (B)(3) below that one or more District Guidelines are not applicable.
  3. The Urban Design Administrator or Committee, as authorized respectively under Section 158.08(E) and Section 158.08(F), may determine that a District Guideline which relates to a Principle for an Overlay District should not be applied in evaluating whether a development application conforms to the Principle upon making findings of fact pursuant to Section 158.08 for each such District Guideline that:
    1. The particular location characteristics of the site or existing structure, make the District Guidelines inappropriate for purposes of determining conformance with the particular Principle in the Overlay District; or
    2. The applicant has demonstrated that the application addresses distinctive characteristics of the Overlay District not reflected in the District Guidelines which are applicable to the particular Principle and which provide an additional or alternative basis for determining conformance with that Principle in the Overlay District.
  4. Upon making a determination that a development application concerns a site which is located in sufficient proximity to one or more other Overlay Districts and that it shares some of the characteristics of such nearby Overlay District or Districts, the Urban Design administrator or the Downtown Development Review Overlay District Committee, as authorized respectively under Section 158.08(E) and Section 158.08(F), may consider the District Guidelines applicable appropriate, in determining conformance with that same Principle in the Overlay District in which the proposed development is located. However, a development application shall not be required to satisfy all of the District Guidelines for that same Principle in the other Overlay Districts in order to demonstrate compliance with the Principle.
  5. If a development application involves a phased project, the Urban Design Administrator or the Committee, as authorized respectively under Section 158.08(E) and Section 158.08(F), may, as a condition of approval of an overlay district permit for the first phase or phases, require landscaping, fencing, lighting and such other interim treatments as the Administrator or the Committee may determine appropriate for the undeveloped portion of the phased project.
3. It shall be a condition precedent to obtaining any permit for any development activity within an overlay district that the person has obtained an overlay district permit pursuant to this Section. Permits shall be issued only where it is determined, pursuant to the procedures established by this chapter, that the proposed development activity is in compliance with the Development Review Guidelines for the overlay district. In order to ensure that this Ordinance continues to further the goals and objectives of the Louisville Downtown Development Plan, the Committee shall review the Guidelines and recommend to the Board any amendments necessary.
4. The Downtown Review Overlay shall be comprised of the following four sections whose boundaries are described in the City of Louisville Code of Ordinances Title XV, Chapter 158, Exhibit A:
  1. Core-Broadway Overlay District
  2. East-West Downtown Overlay District
  3. Main-Market Overlay District
  4. Waterfront View Overlay District
Core-Broadway Overlay District
1. All new construction or improvements should be built to property lines.
2. Whenever nearby buildings are primarily built to the sidewalk, the shapes and forms of new construction or improvements should create a strong, well-defined base at pedestrian level that fits well into its context. As a general minimum, this base should be two to three stories
3. To allow adequate light and air, tall building (over 14 stories) should generally:
  1. Keep 100 feet between other tall building within the same block.
  2. Make sure the upper stories of tall buildings are progressively narrower.
4. The shapes and forms of a building and its orientation to the street, to people and to nearby buildings should:
  1. Enhance existing views and vistas--or potential ones.
  2. Be sensitive to any impact on the pedestrian, including overexposure to the sun, too much wind, or not enough light or air.
  3. Relate strongly to nearby buildings, particularly at the edges of the district where stepbacks or changes in building height and volume are important.
5. Rooftops should avoid looking cluttered from any vantage point. All mechanical or utility equipment should be well-integrated into the overall design.
6. The exterior of any construction, improvements or alterations should be designed and detailed so that it fits well into its architectural surroundings. Exteriors should:
  1. Be compatible with the general character of nearby buildings.
  2. Reinforce the character of any buildings having historic or architectural significance according to the Downtown Development Plan.
  3. Follow the latest edition of the Secretary of the Interior's Standards for Rehabilitation as a guide whenever historic or architecturally significant structures are involved; in short, don't alter significant features.
7. Blank, fortress-like walls at the street level are discouraged. Buildings in the Core-Broadway District should:
  1. Strive to maintain the vertical street-level patterns of architectural details common throughout the district. Columns, doorways, entrances, storefronts and other vertical elements should be approximately every 20 to 40 feet at pedestrian level.
  2. Use glass to encourage people activity and make buildings look and feel more inviting to the pedestrian. As a general rule, 50 percent of the wall surface next to the pedestrian should be clear.
  3. Use design details to emphasize the building's base, so that there's a strong horizontal feeling to which people at sidewalk level can easily relate.
8. Lighting--interior and exterior--is important in making buildings and the downtown in general look and feel more inviting 24 hours a day. Lighting should:
  1. Be integrated into the exterior design.
  2. Help create a greater sense of activity, security and interest to the pedestrian.
9. Any parking garage visible from the street should be integrated into its surroundings and provide an active and inviting street-level use and appearance. The garage should:
  1. Follow all guidelines for Building Design.
  2. Avoid ramped floors that are clearly visible from the street.
  3. Make sure the predominant vertical and horizontal architectural forms and patterns within the districts are followed.
  4. Be sensitive to conflicts between cars and pedestrians.
  5. Have openings and entrances that are in scale with people.
  6. Provide adequate direction and information signs for motorists.
10. Surface parking lots should ideally not create gaps along the street and sidewalk. Any surface lot in the district should:
  1. Use landscaping, trees, colonnades or other construction to maintain the line formed by buildings along the sidewalk.
  2. Make sure there is adequate perimeter landscaping that is high enough to screen but low enough to let people feel safe.
  3. Interior landscaping should especially include shade trees.
  4. Provide adequate direction and information signs for motorists.
11. Open space should reinforce the sense of building frontage along the street. As a general rule, any newly developed or improved open space should:
  1. Be 100 feet away from any other open space.
  2. Stay 100 feet from any intersection.
  3. Avoid being any wider or deeper than 100 feet.
  4. Use fences, trees, benches or other landscaping as a way to continue the sense of building frontage along the sidewalk.
12. Any newly developed or improved open space accessible to the public should generally:
  1. Create a comfortable and interesting place to rest.
  2. Let people clearly know it's there and that it's accessible.
  3. Provide plenty of seating (about one linear foot for every 30 square feet of paved open space.
  4. Have enough lighting to create a safe nighttime environment.
  5. Use fountains or other water features.
  6. Incorporate public art.
13. Any newly developed or improved open space not directly accessible to public should be designed like a garden and should generally:
  1. Respect the sense of building frontage along the sidewalk.
  2. Let pedestrians have a full view of the garden.
  3. Use flowers and planting material that is attractive year-round.
  4. Create a comfortable and interesting place to rest.
  5. Have enough lighting to create a safe nighttime environment.
  6. Use fountains or other water features.
  7. Incorporate public art.
14. The West Main Street Urban Design and Streetscape Guidelines apply.
15. The Downtown Banner Guidelines (pursuant to Ordinance No. 99, Series 1992 and Street Banner Program Guidelines II. D, and IV. A, B, C) apply.
16. Fences and walls should create or imply the continuation of the sense of frontage on the sidewalk established by surrounding buildings. (See Open Space and Off-Street Parking Guidelines.)
17. Broadway and Second Street have been identified as future parkways. These streets should be tree-lined and parkway-like in appearance, with landscaping and other right-of-way improvements.
18. For the sake of visual continuity, large shade trees should be planted in the right-of-way every 25 feet to 35 feet along the curbline in order to create a continuous canopy.
19. A mix of ornamental and shade trees can be planted outside the right-of-way for both shade and visual variety.
20. Signs should be sensitive to the architectural character of the district, building and project. Accordingly:
  1. Integrate the sign into the design of the building or project; signs should fit, not cover.
  2. Avoid gaudy, moving or harshly illuminated signs.
21. 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 of all significant building projects is encouraged.
22. The public art planning and selection process should begin at the onset of individual projects. It should be designed, executed and/or supervised by artists or other design professionals to integrate the artwork with the overall project and aesthetically enhance the urban environment.

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