ORDINANCE NO. __________, SERIES 2026
TITLE
AN ORDINANCE AMENDING THE GUIDELINES FOR THE BARDSTOWN ROAD/BAXTER AVENUE CORRIDOR REVIEW OVERLAY DISTRICT AS SET FORTH IN CHAPTER 162 IN THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”).
BODY
SPONSORED BY: COUNCIL MEMBER ANDREW OWEN
WHEREAS, Office of Planning staff has developed recommendations to update the ordinance for the Bardstown Road/Baxter Avenue Corridor Review Overlay District to better align that ordinance with the ordinances for the Downtown Development Review Overlay District and the NuLu Review Overlay District and to improve consistency across the overlay districts, which recommendations were presented to the Bardstown Road/Baxter Avenue Corridor Review Overlay District (“BROD”) Committee in a public hearing held on November 3, 2026; and
WHEREAS, on November 3, 2026, based on the testimony and record presented at the public hearings, the BROD Committee recommended the approval of such amendments to the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”); and
WHEREAS, the Council approves and accepts the recommendation of the BROD Committee as set forth in the minutes of the BROD Committee for the Bardstown Road/Baxter Avenue Corridor Guidelines Review.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: LMCO 162.20 is hereby amended as follows:
§ 162.20 DEFINITIONS.
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A Structure that is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, or extent to the principal use served; and is located on the same building site as the principal use.
ALTERATION. A change to any part or to the whole of a sStructure that is not oOrdinary rRepairs.
BUILDING. Any permanent sStructure designed or built for the support, shelter, or protection of persons, animals, goods, or property of any kind. This term includes all forms of housing, but does not include awnings, canopies, or similar features.
COMMITTEE. The Bardstown Road/Baxter Avenue Corridor Review Overlay District Committee (BROD).
CONTRIBUTING HISTORICAL STRUCTURE. A sStructure located within a National Register Historic District and which has not been determined by the Keeper of the National Register or State Historic Preservation OfficeUnited States Secretary of Interior to be noncontributing or a sStructure which is listed on the National Register of Historic Places, or which is eligible for such designation.
CONTRIBUTING STRUCTURE TO THE DISTRICT. A Structure not otherwise classified as a Contributing Historic Structure or Local Landmark but identified by the Bardstown Road/Baxter Avenue Corridor Review Overlay District Committee as a Structure that contributes to the architectural quality or significance of the Bardstown Road/Baxter Avenue Corridor Review Overlay District.
CORRIDOR. The portions of the public rights-of-way known as Bardstown Road and Baxter Avenue located within the District.
DEMOLITION. The destruction in whole or in part of a sStructure.
DEVELOPMENT ACTIVITY. Any aAlteration, nNew cConstruction, or dDemolition of a sStructure; a change in business identification sign(s); a change in the use of a property; or the construction of public parking or other publicly accessible area.
DIRECTOR. The Director of the DivisionOffice of Planning, including any renamed version of the office, or its successor and Design Services.
DISTRICT. The Bardstown Road/Baxter Avenue Corridor Review Overlay District established by this chapter.
FIRST TIER PROPERTY OWNER. An owner of any parcel of property adjoining at any point the property that is the subject of the Permit application, and any parcel directly across the street or alley from the property that is subject to the Permit application.
GUIDELINES. The distinctive characteristics and the state of specific principles and standards governing exterior Alterations to Structures or sites applicable to the District which are adopted pursuant to this chapterThe development review and architectural design guidelines established by §162.22.
MAJOR STRUCTURAL CHANGE. Structural aAlterations and structural repairs that affect the components of an existing Structure, such as, but not limited to, walls, foundations, and roofs, which are crucial for the Structure’s stability and structural integrity. These changes can involve demolishing existing load-bearing elements, adding new ones, or significantly altering their configuration. Examples can include, but are not limited to, reconfiguring roof forms, additions visible from the street, and major Alterations to the street facing facades. While interior Alterations to these elements can also affect the stability and structural integrity, Major Structural Change shall be limited to exterior elements only.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.
NEW CONSTRUCTION. The erection of the whole or any part of a sStructure.
ORDINARY REPAIRS. Any Nnonstructural reconstruction or renewalrehabilitation of any part of an existing buildingStructure for the purpose of its maintenance or decoration, and shall include, but not be limited to, the in-kind replacement or installation of nonstructural components of the building such as roofing, siding, windows, storm windows, insulation, drywall or lath and plaster, or any other replacement, in-kind, that does not alter the structural integrity, the overall design, or alter the occupancy or use of the building, or affect, by rearrangement, exits and means of egress.
PERMIT. A Bardstown Road/Baxter Avenue Corridor Review Overlay District Permit issued pursuant to this chapter.
PUBLIC ART. Any art provided on a Structure or site regardless of public or private ownership, that can be viewed from a public right-of-way and does not include signage. This can include, but is not limited to, murals, sculptures, artistic lighting, mosaics, and decorative pavement treatments. Commercial logos or elements of commercial advertising for a business, organization, or event are not considered Public Art.
STAFF. Such person or persons employed by the Metro Government and to whom the responsibilities or powers pursuant to this subchapter have been delegatedThe Urban Design Administrator in the Office of Planning, and such other person or persons delegated responsibility by the Director to administer the provisions of this subchapter.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a location on the ground, including walls or fences, buildings, and signs.Any man made object having an attachment to the ground, or to something having an attachment to, or location upon, the ground.
TEMPORARY. An Alteration or Structure characterized by their short term or seasonal nature. An Alteration or Structure is considered temporary if it is present on the site for a limited period of six (6) months or less and designed in a manner that allows the site to be returned to its previous condition or state. This definition only applies to this ordinance and does not replace or supersede any duration of time provided in another applicable regulation related to temporary Alterations and Structures.
SECTION II: LMCO 162.22 is hereby amended as follows:
§ 162.22 PRINCIPLES AND GUIDELINES.
(A) Upon the effective date of this chapter, within the District, no person shall commence any Development Activity as defined in this chapter without obtaining a Permit issued pursuant to the procedures set forth in this chapter certifying compliance with the applicable Overlay District Development Review Guidelines established pursuant to this chapter.
(B) The Guidelines, attached as Appendix G hereto, 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 specific 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 Permit may be issued.
(2) The Urban Design AdministratorStaff or Committee, as authorized respectively under this chapter, may determine that a gGuideline should not be applied in evaluating a development application upon making findings of fact pursuant to this chapter for each such gGuideline that:
(a) The particular location characteristics of the site or existing sStructure, 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 proximityadjacent to one or more other Districtsanother overlay district or local preservation district and that it shares some of the characteristics of such nearby District or Districtsthe other district, the StaffUrban Design Administrator or the Committee, as authorized respectively under this chapter, may consider the other district’s 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 StaffUrban Design Administrator or the Committee, as authorized respectively under this chapter may, as a condition of approval of a Permit for the first phase or phases, require landscaping, fencing, lighting and such other such interim treatments as the StaffUrban 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 the 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 dDemolition 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 and objectives of the District. In the event a Guideline is not met, the Staff or the Committee, as authorized respectively under this chapter, may impose a condition(s) of approval on a Permit that mitigates the deficiency, such as a condition to exceed the minimum requirements of another Guideline or to meet a Guideline that is not mandatorily required. 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 chapter. 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 Guidelines for the District.
(G) No application to demolish any Contributing Historical Structure, Contributing Structure to the District, or Structure more than 6550 years old or more in age shall be approved by the Urban Design Administrator unless the applicant demonstrates to the satisfaction of the Urban Design Administrator/CommitteeDirector 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 dDemolition 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, Contributing Structure to the District, or Structure more than 65 50 years old or more in age is demolished in accordance with the application.
SECTION III: LMCO 162.23 is hereby amended as follows:
§ 162.23 ADVISORY COMMITTEE CREATION.
(A) There is created a Committee of eightnine (9) members to be known as the Bardstown Road/Baxter Avenue Corridor Review Overlay District Committee. The duties of the Committee shall be as outlined in §162.24.
(B) The Bardstown Road/Baxter Avenue Corridor Review Overlay District Committee shall consist of nine members who are to be appointed by the Mayor and approved by the Metro Council. All members appointed by the Mayor shall be residents of the county or owners of properties or businesses in the District; and shall have knowledge of or experience in design review; and shall serve for a term of three years or until their successors are appointed and approved. Members shall serve at the pleasure of the Mayor. Any vacancy shall be filled in the same manner as the original appointment. Any member may be reappointed and reapproved for successive terms.
(C) The Committee shall consistbe comprised ofa:
(1) One staff member or Commissioner of the Louisville Metro Planning Commission;.
(2) aOne Commissioner of the Louisville/Jefferson CountyMetro Historic Landmarks and Preservation Districts Commission.;
(3) One representative of the Louisville Metro Commission on Public Art or its successor;
(4) One and a member or representative of a neighborhood association, which bounds or includes the District.;
(5) Two members shall be licensed architects, landscape architects or other design professionals; and
(6) tThree members shall own, rent, operate or manage businesses located within the District, or shall be members of an association of businesses which include businesses in the District. All members of the Committee shall be residents of the county and shall have knowledge of or experience in design review.
(C) A member shall serve for a three year term or until his successor qualifies and shall be eligible for reappointment with the applicable provisions of this Code of Ordinance. Members shall serve at the pleasure of the Mayor. A vacancy shall be filled in the same manner as the original appointment.
SECTION IV: LMCO 162.24 is hereby amended as follows:
§ 162.24 COMMITTEE DUTIES.
(A) The duties and responsibilities of the Committee shall be as follows:
(1) Meet with applicants for non-expedited development projects to review their applications.
(2) Prepare, pursuant to the procedures set forth in this chapter, final findings of fact and conclusions on non-expedited development applications to issue a Permit, issue the Permit with conditions, or deny the Permit.
(3) Review decisions of the StaffUrban Design Administrator on expedited development applications upon the request of the applicant pursuant to this chapter.
(4) Review Development Activity referred to the Committee by the Board of Zoning Adjustment pursuant to § 162.20 of this chapter.
(54) Recommend to the Metro Council, as provided for in this chapter, amendments to the Guidelines based on experience in reviewing applications and the need to preserve the distinctive characteristics of the District.
(B) The Committee shall establish a schedule of regular meetings and may hold special meetings upon the call of the ChairStaff or Director.
(C) One member of the Committee shall be elected by a majority of the Committee as the Chair and theyhe or she shall preside at all meetings of the Committee. The Committee may elect a Vice-Chair to preside at meetings when the Chair is absent. The Chair shall serve for a one-year term and shall be eligible for re-election.
(D) A quorum of the Committee shall be a majority of the current filled membership of the Committee. The concurring vote of a majority of the members present shall be necessary to take action on a Permit application.
(D)(E) In the event the Committee is unable to obtain a quorum, the design professional members (architect, landscape architect, or other design professionals) from the other Louisville Metro Review Overlay Committees can serve as members of the Committee to make quorum, but no more than two of the members shall be from other Committees.
(E)(F) No member of the Committee may participate in the hearing or disposition of any matter in which that member has any conflict of interest, as defined in Chapter 21 of theis Metro Code of Ordinances.
(FG) The Committee shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.
SECTION V: LMCO 162.25 is hereby amended as follows:
§ 162.25 ADMINISTRATION AND IMPLEMENTATION.
The responsibility for administering and implementing this chapter is delegated to the Office of Planning, including any renamed version of the officeDivision of Planning and Design Services, Department of Codes and Regulations, or its successor, whose Urban Design Administrator, sStaff, and Director shall have the following duties and responsibilities pursuant to this chapter:
(A) Urban Design AdministratorStaff. The duties of the StaffUrban Design Administrator shall be to:
(1) Classify all Development Activity in accordance with § 162.26 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-64666> as (a) exempt, (b) expedited, or (c) non-expedited;
(2) Coordinate review of Permit applications with the Department of Public Works and Assets, the Department of Codes and Regulations, and other departments, divisions, agencies, commissions or boards.;
(3) Lead sStaff review of expedited development applications.;
(4) Prepare, pursuant to the procedures set forth in this chapter, written findings of fact and conclusions to support his or hertheir decision or recommendation on expedited and non-expedited development applications to issue a Permit, issue a Permit with conditions, or deny a Permit.; and
(5) Serve as sStaff to the Committee in its consideration of applications classified as non-expedited and those expedited applications appealed to the Committee pursuant to this chapter.
(B) Director. The duties of the Director shall be to review the decisions of the StaffUrban Design Administrator and the Committee as provided for in this chapter. The Director, whenever the Urban Design Administrator is unable to perform their duties and responsibilities under this subchapter, may assign the duties and responsibilities of the Urban Design Administrator to another employee or contractor of the Division of Planning and Design Services or its successor.
SECTION VI: LMCO 162.26 is hereby amended as follows:
§ 162.26 EXEMPT ACTIVITIES AND CLASSIFICATION OF ACTIVITIES.
(A) The following Development Activities shall be exempt from review under the Guidelines and the provisions of this chapter:
(1) Ordinary rRepairs;
(2) Removal of existing signage without replacement (excluding signage identified as contributing to the District);
(3) Temporary signage, permitted and installed in accordance with § 155.20 through 155.24for a period of less than two months, during which time an application for permanent signage is pending under this chapter;
(4) Emergency repairs or dDemolition ordered by a Metro Government Building Code enforcement oOfficial in order to protect health and safety;
(5) Alterations or mMajor sStructural cChange only to the interior of a Structure;
(6) Development aActivity which falls within the jurisdiction of the Louisville/Jefferson County Metro Historic Landmarks and Preservation Districts Commission;
(7) Demolition of aAccessory Structures;
(8) Temporary Structures and temporary Public Art installations;
(9) Maintenance of existing signage advertising an on-site business, including but not limited to rewording or replacing non-internally-illuminated sign panels (excluding signage identified as contributing to the District); and
(10) Exterior aAlteration, addition, or repair of a Structure used as a single-family residence which does not increase the number of dwelling units in the Structure or does not increase the total square footage of floor space in the sStructure by more than 20%.
(B) All Development Activity within the District established by this chapter, except for exempt activities described in subsection (A) of this section shall be classified pursuant to the procedures set forth in § 162.27 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-64645> of this Chapter as either requiring expedited or non-expedited review under the Guidelines, as follows:
(1) The following Development Activities shall be subject to expedited review:
(a) New Llandscaping and trees;
(b) Sidewalk/street paving, lighting, streetscape furnishings, banners;
(c) New awnings, business and other signs, and replacement of structural elements of existing signs, and the replacement of sign panels for internally illuminated signs (excluding signage identified as contributing to the District);
(d) Exterior aAlterations which are not mMajor sStructural cChanges, and
(e) An addition to a sStructure used for commercialnonresidential purposes which is not visible from the corridor and which does not increase the total square footage of floor space in the Structure by more than 10%a street.
(2) All other development activities shall be subject to non-expedited review.
SECTION VII: LMCO 162.27 is hereby amended as follows:
§ 162.27 PERMIT REQUIREMENTS AND APPEAL.
(A) No Permit or certificate of occupancy shall be issued by any Metro Government agency for any Development Activity within the District unless a Permit for such Development Activity has been obtained pursuant to this chapter.
(B) An application for Development Activity within the District shall be submitted to the Office of Planning, including any renamed version of the office,Division of Planning and Design Services or its successors, on a form provided by the DivisionOffice. The application shall include at least the following information, unless waived pursuant to subsection (C) of this section:
(1) A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed Development Activity in the context of property lines, adjacent sStructures, trees, streets, sidewalks, and the like.
(2) Plans, elevations, and other drawings/renderings, drawn to appropriate scale and specifying exterior building materials, as may be necessary to fully explain all proposed Structures or aAlterations to existing Structures.
(3) Details of urban design elements, off-street parking, landscaping, fencing or walls, signage, streetscape and other aspects as may be necessary to fully present the proposed Development Activity.
(C) Applicants may seek review of a development proposal prior to making formal application pursuant to subsection (B) of this section. The preliminary review shall be conducted by the StaffUrban Design Administrator to determine if the minimal requirements for acceptance of the application have been met. The StaffUrban Design Administrator may agree to waive certain requirements set out in subsection (B) of this section if theyhe or she determines that such requirements are not necessary for review of the application pursuant to this chapter. An applicant whose proposal has been determined to require non-expedited approval may seek a preliminary review of theirhis or her proposal by the Committee.
(D) After determining that an application is complete, the StaffUrban Design Administrator shall classify the development proposal as either exempt or not exempt, requiring either expedited or non-expedited approval. The StaffUrban Design Administrator may classify an application as requiring non-expedited review even if the proposed Development Activity meets the definition for expedited review if theyit determines that the application would be more appropriately considered by the Committee.
(E) A Permit application classified as requiring expedited approval shall be reviewed by the StaffUrban Design Administrator, who shall prepare a written decision supported by findings of fact which shall approve the Permit, approve the Permit with conditions, or deny the Permit. An applicant, within ten (10) business days of the date of the decision of the StaffUrban Design Administrator on a proposal requiring expedited review, may request appeal of the application to the Committee. The application shall be reviewed as provided in subsection (F) of this section for applications classified as requiring non-expedited approval. The Committee shall provide notice of the appeal in accordance with the notice procedures outlined for a non-expedited review, and shall consider the application at its next regularly scheduled meeting for which notice can be provided.
(F) An Permit application classified as requiring non-expedited approval shall be reviewed by the Committee. The Permit application shall be reviewed by the StaffUrban Design Administrator in accordance with the Guidelines and forwarded to the Committee with the StaffUrban Design Administrator's written recommendation to either approve the Permit, approve the Permit with conditions, or to deny the Permit.
(G) Where an application requiring non-expedited review will also require a Category 3 development plan review, a waiver related to design, and/or a variance as defined by the Land Development Code and when requested by the applicant, the Committee shall provide a forum for the public hearing component of that review in accordance with the following procedures.:
(1) Notice for the Category 3 development plan review, waiver, and/or variance shall be sent in accordance with the requirements of the Land Development Code and any applicable state statutes.
(2) The Planning Commission, in the case of a Category 3 development plan review or waiver, or the Board of Zoning Adjustment, in the case of a variance, shall designate a hearing officer in accordance with that body's policies and procedures who shall attend the Committee meeting at which the review will take place. In the event a case involves a Category 3 development plan/waiver and a variance, the hearing officer may be from the Planning Commission or Board of Zoning Adjustment.
(3) A staff report outlining the issues involved in the Category 3 development plan review, waiver, and/or variance shall be presented by an appropriate staff member in the Office of Planning, including any renamed version of the office or its successor, Division of Planning and Design Servicesin addition to the staff report presented by the StaffUrban Design Administrator.
(4) Final action on the Category 3 development plan review, waiver, and/or variance shall be taken at the next regularly scheduled meeting of the body with the authority to take such action on the proposal.
(H) Notice. The applicant shall be sent, by first class mail, written notice of the date, time and location of the meeting of the Committee at which histhe application shall be considered. Notice of the application and of the date, time and location of the meeting of the Committee shall also be sent by first class mail to all First Tier Property Owners of record. Notice by email shall be sent to any person, business association, or neighborhood association that has registered with Louisville Metro Government to receive such notices and to any business associations or neighborhood associations which have requested in writing to receive such notices The notice shall be sent no later than fourteen ten (10) days prior to the date of the meeting. Notice of the pending application shall be placed on the site or on or near the Structure which is the subject of the application by the Staff at least seven (7) days prior to the date of the meeting. Notice procedures for applications involving a Category 3 development plan review, waiver, and/or variance component pursuant to subsection (G) of this section shall be in accordance with the notice requirements for such reviews set forth in the Land Development Code and any applicable state statutes.
(I) At the meeting scheduled to review the application, the Committee shall first hear a description of the proposed Development Activity and receive preliminary comments and a recommendation from the Staff,Urban Design Administrator which shall indicate which of the Guidelines apply to the proposed Development Activity. Following the StaffUrban Design Administrator's presentation, the applicant shall present such information as theyhe or she chooses for the Committee's consideration. The Committee shall receive testimony or written comments from other parties.
(J) The Committee shall, by majority vote of the members present, make a decision, supported by written findings of fact, which shall approve the Permit, approve the Permit with conditions, deny the Permit, or defer consideration of the application until the next meeting of the Committee. Consideration of an application shall not be deferred more than one time without the consent of the applicant. If the Committee defers consideration of an application it shall state the reason(s) for such deferral. Findings of fact made by the Committee shall be based on the information presented in each application and at each Committee meeting and shall support the Committee's written conclusion.
(K) The Director mayshall review all decisions of the StaffUrban Design Administrator and the Committee, and may, within three ten (10) business days, refer any application back to the StaffUrban Design Administrator or Committee, as appropriate, if he or shethe Director determines the decision is not adequately supported by findings of fact. The Committee shall consider and render a final decision upon a remanded application at its next regularly scheduled meeting.
(L) The Committee and the StaffUrban Design Administrator shall, in their decision-making capacities, make written findings of fact based upon the information presented in each application and at each Committee meeting which support the written conclusion that the proposed Development Activity is or is not in compliance with the Guidelines.
(M) If, after an applicant has obtained a Permit, the development proposal is amended, he or shethe applicant shall submit the amended development proposal to the StaffUrban Design Administrator, who shall make a determination that the amendment has no significant impact or that the development proposal as amended requires additional review. Review of an amended proposal shall follow the same procedure as provided herein for an original application. Upon a determination by the StaffUrban Design Administrator that the amended proposal requires review, the previously issued Permit shall be suspended pending the review of the amended development proposal.
(N) Any applicant who is denied a Permit or any person or entity injured or aggrieved by a decision of the Committee shall have a right of appeal to the Circuit Court in accordance with applicable state statutes.
SECTION VIII: LMCO 162.28 is hereby amended as follows:
§ 162.28 PERMIT AGREEMENT.
(A) No certificate of occupancy shall be issued for any project undertaken pursuant to a Permit unless the work has complied with the conditions established by the Permit. The filing of an application to obtain a Permit pursuant to this chapter shall constitute an agreement by the applicant that theyhe or she will undertake the Development Activity in conformity with the plans approved by the Permit and that theyhe or she will abide by any conditions imposed by a conditional approval of the Permit. All conditions imposed by a Permit shall be binding on the applicant, theirhis or her successors, heirs or assigns, unless otherwise amended or released by the Committee or StaffUrban Design Administrator.
(B) All work performed pursuant to a Permit shall conform to the Permit and all conditions imposed thereby. As appropriate, iIt shall be the duty of the Division of Inspections, Permits and Licenses or the Office of Planning, Department of Codes and Regulations, and/or Department of Public Works and Assets, including any renamed version of the offices or their successors, as appropriate, to inspect from time to time any work performed pursuant to the Permit to assure compliance. In the event work is performed not in accordance with the Permit, as per their responsibilities, the Director of the Office of Planning, the Department of Codes and Regulations, or the Director of the Department of Public Works and Assets, or their designated representatives or successors, shallmay issue a stop work order and all work shall cease. No person, firm, or corporation shall undertake any work (excluding work noted as exempt in §162.26) on the project as long as the stop work order shall continue in effect.
SECTION IX: LMCO 162.29 is hereby deleted in its entirety as follows:
§ 162.29 APPLICATION TO PROPERTIES CONTIGUOUS TO DISTRICT.
Pursuant to the Land Development Code, the Board of Zoning Adjustment may attach conditions in addition to those listed in connection with a particular use when granting Conditional Use Permits if it finds that such conditions are necessary for the protection of surrounding persons, property, or neighborhood values. This Metro Council finds that the application of the Guidelines to properties located outside the District but contiguous thereto is necessary to protect the properties and neighborhoods within the District. The Board of Zoning Adjustment is directed to apply the Guidelines to development activities undertaken upon properties contiguous to the District when Conditional Use Permits are required for such development activities. The Board of Zoning Adjustment is authorized to request the Committee to review such requests for Conditional Use Permits and to consider the recommendations of the Committee when establishing the conditions of such Conditional Use Permits.
SECTION X: This Ordinance shall take effect upon its passage and approval, or otherwise becoming law.
________________________________ ________________________________
Sonya Harward Brent Ackerson
Metro Council Clerk President of the Council
________________________________ ________________________________
Craig Greenberg Approval Date
Mayor
APPROVED AS TO FORM:
Michael J. O’Connell
Jefferson County Attorney
By: ____________________________
O-316-26 Amend Guidelines for the Bardstown Rd/Baxter Ave Corridor Review Overlay District set forth in LMCO 162 11-05-26 (lf)