- Building construction plan review
- Building construction permits and inspections
- Building demolition permits
- Building setbacks
- Buildings in need of repair
- Cell towers
- Census and demographics
- Community Development Block Grant program administration
- Conditional use permits
- Demolition permits
- Development plans
- Electrical licenses
- Electrical permits, inspections, fees
- Excavation, cut or fill of earth
- Flood zone information
- Flood Insurance Rate Maps (flood zone maps)
- FEMA Map Service Center
- Floodplain development permits
- Historic Preservation Board staff support
- Historic preservation links
- Housing programs – rehabilitation and new construction assistance
- HVAC permits, inspections, fees
- Junk piles
- Landscaping and surety
- Owensboro Historic Preservation Board staff support
- Parking lot permits
- Planning, long-range
- Property maintenance code enforcement
- Roadway buffers
- RWRA – Sanitary Sewers
- Sign permits
- Street access points
- Subdivision of land, plats
- Rapid rural subdivision
- Swimming pool permits
- Variances (dimensional)
- Weeds and tall grass
- Zoning and permitted land uses
- Zoning Administrator
- Interpretations and orders
- Administrative appeals
- Nonconforming uses
- Zoning of property
- Zoning map amendments (zoning changes)
- Zoning text amendments
Addresses. Staff assigns all street addresses in Daviess County, and in small areas of adjoining counties served by post offices in Daviess County. The staff coordinates addresses with in-house records, the U. S. Postal Service, the Daviess County PVA, and other agencies. Assigned numbers are recorded on OMPC address-grid map overlays and in computer databases. The staff routinely assigns addresses to all parcel-based activity reviewed by the office — zoning, subdivisions, building permits, etc. The E911 Master Street Address Guide, which is integral to the emergency dispatch system, is kept current through ongoing staff correspondence with BellSouth agents.
Direct questions about addresses to Melissa Evans.
Building Construction Plan Review. Within the City of Owensboro and Daviess County, new construction, additions and certain types of remodeling require that this office, upon receipt of application for a construction permit, review a set of construction plan drawings for compliance with the Kentucky Building Code. In the City of Whitesville the City Clerk (Pat Burch) oversees residential onstruction (12 units or less). A typical plan review requires compliance with structural and nonstructural components of a proposed building. The structural components deal with the footer/foundation, wall systems and the roof system. The nonstructural primarily deals with egress travel, stairways, type of building material used, etc. A third major component of a building is life safety. Before a sprinkler system, fire alarm system, or cooking equipment, etc. is installed, the plan reviewer must insure that the plans are in compliance with the applicable code(s). The inspector must field test these items at various stages and also upon completion of the job before the building is occupied.
Direct questions about plan review to Jim Mischel.
Building Permits and Inspections. The Building & Electrical Division issues all building, electrical and HVAC permits required by the Kentucky Building Code and National Electrical Code. Also, the division is responsible for review and field inspection of development plans for compliance with the Zoning Ordinance within the City of Owensboro and Daviess County. In the City of Whitesville, the City Clerk (Pat Burch) oversees this process. Generally, following a preliminary project review, the Associate Director makes a determination as to requirements the applicant must follow for the proposed project. This determination considers many variables such as zoning status, proposed use, size and number of buildings/units, land area, parking needs, landscaping and vehicular access. In cases where development plans are required by the Zoning Ordinance to be approved by the OMPC, this division provides input into review of project construction plans prior to approval. Building inspections for new construction, additions and remodeling of both residential and commercial-industrial structures require a minimum of three (3) field inspections to be conducted by this office. Every new structure must be inspected for footer-foundation, construction framing of all components, and a final inspection to grant occupancy. During this inspection process, all requirements such as zoning, signs, electrical permits, HVAC permits, parking, landscaping and access control are checked for compliance in the field.
Direct questions about building permits and inspections to Jim Mischel.
Also, if construction is proposed in the flood plain, see KY Stream Construction Permit Application.
Building Setbacks for principal buildings are listed by zone, beginning on page 8-14 of the Owensboro Metropolitan Zoning Ordinance, Article 8 Schedule of Zones 485 kb. Please note that other articles of the Zoning Ordinance also may affect minimum building setbacks. Article 3 General Zone and District Regulations 65 kb includes several provisions: (1) a prohibition from building within utility easements, (2) setbacks for rear-yard accessory buildings, (3) setback adjustments for buildings and lots located in older neighborhoods, and (4) referral to recorded subdivision plats that may require greater setbacks than the minimums in the Zoning Ordinance. Finally, planned residential developments are subject to a perimeter setback that applies to the entire development, which is described in Article 10 Planned Residential Development Project 21 kb.
Direct questions about building setbacks to Jim Mischel.
Cell Towers. The Owensboro Metropolitan Planning Commission is registered with the Kentucky Public Service Commission (PSC) under the provisions of KRS 100.985, et seq., to review and comment on (state) uniform applications that propose to locate new cellular antenna towers within Daviess County, Kentucky.
The OMPC shall review the uniform application in light of its agreement with the Comprehensive Plan and locally adopted zoning regulations and make its final decision to approve or disapprove the uniform application.
The Comprehensive Plan recommends that the OMPC work cooperatively with the providers of cellular telecommunications services or personal communications services and use the following list of criteria contained within the Zoning Ordinance when evaluating the siting of service facilities.
Service providers should be required to co-locate or share towers/facilities with other providers in order to minimize the proliferation of towers/facilities.
Wherever possible, service providers should be required to use existing structures or facilities that meet all of the requirements of the proposed installation. For example, water towers, radio and television towers, tall buildings, commercial signs, church steeples, etc., in order to minimize the proliferation of new towers/facilities.
When the facility is no longer required, the owner should remove it and restore the land to its natural state.
Census and demographics. The planning staff monitors demographic statistics from a variety of sources, and makes available any population studies done in-house in conjunction with special projects. The staff reviews Census Bureau, Kentucky State Data Center and other sources for statistics or planned activities affecting the Owensboro Metropolitan Statistical Area (Daviess County). Concerned local agencies are involved through the local Census Statistical Areas Committee, and a staff member serves as the local Census Key Person. The staff has been involved extensively in the censuses of 1980, 1990, 2000 and 2010. Activities include revising Census Tract boundaries and reviewing pre-Census and post-Census housing counts by block and address, to assure Census accuracy.
Census 2000 Detail. For current and historic census detail for Daviess County and the City of Owensboro, visit the Kentucky State Data Center.
Conditional Use Permits. A conditional use is a use of land and/or buildings that is essential to or would promote the public health, safety and/or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located or of adjoining zones, unless restrictions on location, size, extent and character of performances are imposed in addition to those set forth by the zoning regulations. The Zoning Ordinance Zones and Uses Table 485 kb specifies uses that require a Conditional Use Permit, the Owensboro Metropolitan Board of Adjustment (OMBA) grants after public hearing. The Board may approve, modify, deny, or revoke any application for a conditional use permit. The Board may impose any reasonable conditions or restrictions on any conditional use permit it decides to grant. A permit applies to the property for which it is ranted, and not the individual who applies for it. It also runs with the land and is transferable to any future owner of the land, but the applicant cannot transfer it to a different site. The Planning staff record in the County Clerk’s office a record of each conditional use permit approved by the Board. In any case where a conditional use permit has not been exercised within one year, if no specific time limit has been set, the Board shall reconsider the granting of that conditional use permit.
Development Plans are written and graphic material for a proposed building development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to by the applicant. A preliminary development plan is required for approval by the OMPC in conjunction with zoning change applications to the following zones: B-1 Neighborhood Business Center, B-3 Highway Business Center, and MHP Planned Manufactured Housing Park. The OMPC may require one for other zoning changes where there are existing or potential substantial flood, drainage, sewage, traffic, topographic, land-use buffering or other similar problems relating to the development of the subject property. A final development plan is required for approval by the OMPC prior to issuance of building permits for the cases mentioned above and for projects where more than one principal structure is located on one lot in any zone or where more than two connected business shops of separate use are located in any business zone in any lot configuration.
Electrical Contractor, Master Electrician, and Electrician Licenses. As of June 24, 2003, the Owensboro-Daviess County Electrical Licensing Program was superseded by Kentucky Electrical Licensing Requirements.
Direct questions about electrical licenses to John Pickrell.
Electrical Permits, Inspections, Fees. All installations, construction, maintenance and operation of electrical wiring, appliances and devices in and about buildings on private or public property in Daviess County shall be installed, constructed, maintained, operated and supplied in accordance with the rules and regulations set forth in the edition of the National Electrical Code most recently adopted by the Kentucky Department of Housing, Building, and Construction. Electrical work in Daviess County generally requires issuance by the OMPC Building & Electrical Division of an electrical permit to a state-licensed Electrical Contractor.
Direct questions about electrical permits to John Pickrell.
Excavation, Cut or Fill of Earth or debris in Daviess County requires issuance of a permit, unless it is related to agricultural uses, is for public utilities, or is located in approved subdivisions and developments. Development — defined as any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment — within areas of special flood hazard or subject to potential flooding requires development permits as specified in Article 18 of the Zoning Ordinance 97kb.
Direct questions about excavation, cut or fill to Jim Mischel.
1.Locate the fence on your property and NOT on public right-of-way. Inside most subdivisions, the street right-of-way line is about six inches (6″) behind the back of the sidewalk. However, it can vary. The right-of-way line is the same as your property line along a street or highway. Your property lines — especially the corners if the lot is rectangular — will be marked by property pins a few inches under the surface or by visible monuments along highways.
2. Do NOT locate the fence in a utility or public facility easement unless you have permission from all agencies that maintain facilities within the easement. Easements should be shown on the plat for your lot on record at the Daviess County Clerk’s office at the Courthouse. In some cases, however, a utility company may have purchased an easement that is not depicted on your plat of record. Check with the utility company if you think there may be an unplatted easement. You should also call BUD before you dig.
3.Do NOT locate the fence in a sight triangle at an intersection.
4.Do not obstruct the natural flow of surface storm water through yards, even if no formal easements exist for storm water runoff.
5. Barbed wire on walls and fences is prohibited in residential or manufactured housing park (MHP) zones, but shall be permitted in all other zones. Barbed wire may be installed upon walls or fences that are accessory to legally nonconforming commercial or industrial uses in any zone. Barbed wire along any boundary adjoining residential or MHP zones shall be at least six feet (6′) above ground level.
6. Electrical fences are prohibited in residential or MHP zones.
7. Walls and fences may be located in required yards (between property lines and minimum building setback lines) subject to the following limitations:
Direct any other questions about fences to Jim Mischel.
Flood Zone Information. Owensboro and Daviess County participate in the National Flood Insurance Program, which is administered by the Federal Emergency Management Agency (FEMA). OMPC staff enforce compliance with various flood hazard reduction requirements specified in Article 18 of the Zoning Ordinance 97kb. OMPC Form 021 provides information about the Flood Insurance Purchase Requirement 18kb. The OMPC Building & Electrical Division can assist property owners with information about retrofitting structures for flood protection — contact Jim Mischel. The Daviess County Public Library, 450 Griffith Avenue, and the Daviess County Emergency Management Agency at the Courthouse have publications available for the community to use on retrofitting buildings, manufactured home installation, design guidelines for flood damage reduction, etc. Also, be sure to review Selecting a Qualified Contractor 18kb and floodplain development permits.
Flood Insurance Rate Maps (FIRMs), also called flood zone maps, may be viewed at the Planning Office, 200 East 3rd Street, Owensboro, Kentucky, from 8 AM to 4:30 PM, Monday-Friday. OMPC staff will assist the public in locating the appropriate map sheet and can make copies as needed. However, the OMPC staff does not make flood zone determinations for flood insurance purposes. That is the responsibility of your lender or insurance agent, under the Flood Insurance Purchase Requirement. For particular properties located at the margins of mapped flood zones, you may contact a registered land surveyor who, for a fee, can produce a definitive Flood Elevation Certificate. The Planning Office retains copies of all Flood Elevation Certificates submitted during the building permit and inspection process. Map Amendments or Revisions: The Planning Office maintains a file containing official FEMA letters of map amendment or revision affecting the FIRMs.
The FEMA Map Service Center has electronic versions of the Flood Maps (FIRMs) for Owensboro-Daviess County.
(Note: Maps may not include latest map revisions)
1-Go to the MSC Web site.
2-Click on ‘Map Search’.
3-Put in an address.
4-Then click the ‘GO’ button. A window will pop up with the map number.
5-Click the green ‘View’ button to see the map.
Click here to go to the FEMA MSC Web site.
Flood Insurance Study for Owensboro-Daviess County (April 16, 2009)
Floodplain Development Permits are required to authorize construction or development activity within regulatory floodplains. Development is defined as any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment. The type of required development permit varies based upon the type of development activity:
(1) Excavation, cut or fill of earth or debris, whether or not it is located within a floodplain.
(2) Construction of bridges, culverts, walls, or other structures that are NOT roofed buildings, ONLY when they are located within regulatory floodplains.
(3) Building permits for construction of roofed buildings, whether or not they are located within a floodplain.
HVAC Permits, Inspections and Fees. All installations, construction, maintenance and operation of HVAC systems/compontents, applicances and devices in and about buildings on private or public property in Daviess County shall be installed, constructed, maintained, operates and supplied in accordance with the rules and regulations set forth in the current edidtion of the International Mechanical Code most recently adopted by the Kentucky Department of Housing, Building and Construction. HVAC work in Daviess County generally requires issance of a permit by the OMPC Building, Electrical and HVAC Division to a state-licensed HVAC Contractor.
Direct questions about HVAC permits to John Pickrell.
Landscaping and Surety. No new site development, building, structure or vehicular use area may be created and used unless landscaping is provided as required by Article 17 of the Zoning Ordinance. No building, structure or vehicular use area may be altered or expanded unless landscaping is provided for the property to the extent of its alteration or expansion. The OMPC may require landscaping improvements for property when a change of zoning occurs. Required landscaping must be shown on development plan and site plan drawings and must be properly installed or surety posted prior to issuance of construction permits. Posted landscaping surety will be released by the OMPC after an inspector confirms proper installation of materials.
Direct questions about landscaping and surety to Jim Mischel.
Parking Lot Permits generally are required for the construction of parking areas for five (5) or more vehicles that are not being permitted in conjunction with a building permit. Parking areas of this size or larger are required to be paved within six (6) months of application of any base material. Parking lot permits and paving are not required in A-U, A-R, and EX-1 zones, or for particular excepted uses. Parking area design is subject to additional requirements as specified in Article 13 of the Zoning Ordinance: street access point standards (number and location of driveway entrances), lighting arrangement, drainage and storm water runoff standards (administered by city engineer or county engineer), landscaping, and size and arrangement of parking spaces. Right-of-way construction permits for entrance driveways also are required from the city engineer, county engineer, or state highway department engineer, by jurisdiction. In some zones, a parking lot is prohibited as a principal use or may require a conditional use permit.
Direct questions about parking lot permits to Jim Mischel.
Planning, Long-range, focuses on big plans, those that will likely take several years to implement. These include comprehensive and transportation planning, as well as overall plans for particular neighborhoods and small areas.
Comprehensive Planning. The Comprehensive Plan is the main guide for managing and coordinating public and private development activities. In the comprehensive planning process, OMPC staff analyze trends in population, economy and land-use, compare those trends with community goals and objectives, and assist the OMPC in establishing land development policies. The foregoing elements are synthesized into a land use plan that is coordinated with specialized plans for roads, utilities, parks and other necessary public facilities. The current Comprehensive Plan for Owensboro, Whitesville, and Daviess County carries forward the principal policy established in 1979 in the plan called Community Directions. That is to concentrate urban development in planned growth areas. However, it includes a sophisticated and flexible land use plan. A colored map delineates 12 basic types of “plan areas” — urban residential, industrial, business, etc. Whether a particular use is appropriate within a particular plan area is determined by a set of criteria that address impact on the environment, need for urban services, and desired development patterns.
Transportation Planning involves maintaining a current plan to meet projected traffic needs for the Owensboro Urban Service Area and the rest of Daviess County. The Green River Area Development District heads the Metropolitan Planning Organization (MPO) for transportation for our community. OMPC staff work closely with the MPO on transportation studies, providing data on land use and demographics, monitoring consistency with land use plans and proposed subdivision plats, and in updating the functional classifications of streets 324kb. Among the many projects over the past years, OMPC staff members were involved in the restudy of alignments for the Wendell Ford Expressway Extension (US 60 Bypass) and the East Byers Avenue extension, as well as plans for the reconstruction of 9th Street. The OMPC has worked with developers to extend Byers Avenue and East 26th Street in the Heartlands and Fairview Drive in The Downs.
Neighborhood & Small Area Planning involves devising special plans as needed for neighborhoods or smaller areas to guide orderly new development and redevelopment, or to enhance the appearance of public facilities such as major street corridors. The OMPC collects physical, social and economic data; analyzes the data; determines neighborhood objectives; and creates proposals and recommendations to achieve those objectives.
Roadway Buffers. In all zones other than R-1T Townhouse or B-2 Central Business, all off-street parking areas and all other vehicular use areas are subject to a roadway buffer that specifies a minimum parking and landscaping setback requirement in any yard adjacent to major streets. No portion of parking areas or other vehicular use areas (except for permitted access drives), and no associated landscape areas and materials that are required by the Zoning Ordinance, shall be located within the roadway buffer.
Direct questions about roadway buffers in relation to subdivision plats or development plans to Mike Hill or Melissa Evans. Direct questions about roadway buffers in relation to building permits or parking lot permits to Jim Mischel.
- Off-premises signs (billboards),
- Portable signs greater than 10 SF in area, and,
- Permanent on-premises signs that are electrical and/or greater than 10 square feet in area. Electrical signs also require Electrical Permits.
Sign regulations for Owensboro, Whitesville, and Daviess County are included in Article 9 of the Zoning Ordinance 97kb.
Direct questions about sign permits to Jim Mischel.
Street Access Points. The locations of vehicular access points along streets are based on the functional class of each street. Access to building developments located along arterial or major collector streets in the Owensboro Urban Service Area are subject to the driveway spacing standards and the policies for applying those standards, as specified in the adopted “Access Management Manual for the Owensboro-Daviess County Urban Area.” Access to building developments located along all minor collector or local streets, and along major streets or roads outside the Urban Service Area, are limited as follows: The total width of all driveways shall not exceed forty percent (40%) of the lot width as measured at the building setback line. For residential development, no point of access shall be allowed within ten feet (10′) of the right-of-way line of an intersecting street. For nonresidential development, no point of access to a street or to a shared development driveway shall be allowed within fifty feet (50′) of the right-of-way line of an intersecting street (disregarding alleys), unless less existing lot frontage exists, in which case it shall be located as far from the intersecting street as possible. The widths of driveways are based upon the uses they serve.
Direct questions about street access points in relation to subdivision plats or development plans to Brian Howard. Direct questions about street access points in relation to building permits or parking lot permits to Jim Mischel.
Subdivision of Land, Plats. The Owensboro Metropolitan Subdivision Regulations, adopted by the planning commission, govern the division of land and physical improvements that will be installed on developed property, such as streets, sewers, storm water facilities, other utilities, etc. The subdivision regulations are designed to encourage the development of sound, healthful, and economically stable residential, commercial, industrial, and public areas; to provide for safe, convenient, and efficient traffic circulation; to coordinate land developments in order to insure that our future physical growth will be orderly, efficient, and conducive to the minimum outlay of public and private expenditures in providing services to new growth areas; to minimize fire hazards; to provide for light and air in habitable structures; and to provide for the overall harmonious development of our entire community.
Subdivision. The division of a parcel of land into two or more lots or parcels; for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land. For the purposes of the regulations, two classes of subdivisions are established as follows:
Major subdivision is a subdivision of land that is of major planning significance to our community’s future development, and usually involves new streets and other public improvements. The planning commission must approve a major subdivision preliminary plat, which includes engineered public improvement plans, and later, a major subdivision final plat, which is usually accompanied by the posting of surety by the developer to cover the cost of any public improvements not completed at the time of plat approval. After the applicant has recorded the major subdivision final plat in the County Clerk’s Office, lots may be sold and title transferred. Once the public improvements are properly completed and signed off on by the appropriate agencies, the planning commission releases the developer’s surety.
“Major/minor subdivisions” are major subdivisions that are allowed to bypass a preliminary plat and follow the approval procedure for minor subdivision because these plats involve only water lines and fire hydrants. Surety is usually posted for these facilities. The OMPC Director typically approves major/minor subdivision plats in the office. After the applicant has recorded the major subdivision final plat in the County Clerk’s Office, lots may be sold and title transferred. Once waterlines and fire hydrants are properly installed and approved by the appropriate agencies, the planning commission releases the developer’s surety.
Minor subdivision is a subdivision of land that is generally of minor planning significance to our community’s future development. No new streets or other facility improvements are involved. No more than one (1) additional lot is created than existed before the subdivision. And, all lots have frontage on an existing public street or, where specifically provided, on a private street or drive providing clearly legal and physically adequate access to a public street. The OMPC Director usually approves minor subdivision plats in the office. However, any redivision of lots involved in a minor subdivision that occurs within twelve (12) months of the original action are deemed a major subdivision, and are required to follow the standards for major subdivisions. After the applicant has recorded a minor subdivision plat in the County Clerk’s Office, lots may be sold and title transferred.
Agricultural divisions are plats that divide agricultural tracts into smaller tracts. Each resulting tract must contain at least ten (10) acres and must abut a public-maintained roadway for at least 50 feet. Otherwise, agricultural plats are not required to comply with subdivision regulations.
Property survey plats are new drawings produced by a land surveyor of existing lots of record in the County Clerk’s office.
Swimming Pool Permits. The OMPC Building & Electrical Division has created a special application for permits to construct swimming pools because pools present special concerns for personal safety and neighborhood impact. Electrical systems must be properly installed and the yard adequately fenced for security. Pools must be located outside of utility easements and so as not to disrupt the natural flow of neighborhood storm runoff. Pool drainage outlets must be arranged to avoid intrusion on adjacent private property.
Direct questions about swimming pool permits to Jim Mischel.
Variances are departures from dimensional terms of the Zoning Ordinance pertaining to the height, width, or location of structures, and the size of yards and open spaces, including the characteristics of required landscape areas and materials. The Owensboro Metropolitan Board of Adjustment (OMBA) hears and decides variance applications. The board can not grant a variance to permit a use of any land, building, or structure that is not permitted by the Zoning Ordinance or to alter the density requirements in the zone in question. A variance runs with the land, applying to the property for which it is granted, and not to the individual who applied for it.
Before granting a variance, the board must find that doing so will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the Zoning Ordinance. In making these findings, the board shall consider whether: (a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; (b) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and (c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the Zoning Ordinance by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.
Zoning and Permitted Land Uses. All land within Owensboro, Whitesville, and Daviess County is zoned. The zones are depicted on the Zoning Map Atlas, which is a series of overlays for the 180 base maps in the OMPC mapping system. The zoning maps are currently hand-drafted mylar sheets, but ultimately will be converted to digital form as part of the ODC-GIS program. The use of land within each zone is is subject to particular regulations and requirements under provisions of the Zoning Ordinance. The Zoning Ordinance Zones and Uses Table 485 kb specifies uses as principal, conditional, or accessory within each base zone. Flood zone maps define overlay districts that qualify which uses permitted by the base zone may be permitted within flood zones subject to particular requirements.
..Zoning Administrator. The legislative bodies of Daviess County each designate a Zoning Administrator. For the City of Owensboro and unincorporated Daviess County, the designated Zoning Administrator is Jim Mischel, OMPC Associate Director of Building & Electrical. For the City of Whitesville, the designated Zoning Administrator is the Whitesville City Clerk (270-233-5666). Refer to Zoning Ordinance. The Zoning Administrator’s responsibilities regarding zoning administration, enforcement, and violations are spelled out in Article 5 of the Zoning Ordinance.
..Interpretations and Orders. The Zoning Administrator makes formal interpretations of the Zoning Ordinance and issues enforcement notices when violations are found. When a person alleges that the Zoning Administrator has erred in performing his or her duties, that person may make an Administrative Appeal as described below.
Direct questions about zoning interpretations and orders to Jim Mischel.
..Administrative Appeals are processes that are followed when a person alleges that there is error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulation; or an appeal by any person or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal or decision of any zoning enforcement officer. Appeals must be taken to the Owensboro Metropolitan Board of Adjustment (OMBA) within thirty (30) days after receiving notice of official action by the zoning enforcement officer. The OMBA’s decision regarding an administrative appeal is considered a final action. Any person or entity claiming to be injured or aggrieved by any final action of the OMBA may file an appeal in Circuit Court. All appeals shall be taken in the Circuit Court within thirty (30) days after the action or decision of the OMBA, and all decisions that have not been appealed within thirty (30) days shall become final. Another type of Administrative Appeal is described below related to nonconforming uses.
Direct questions about administrative appeals to Jim Mischel.
..Nonconforming Uses. A nonconforming use is an activity or a building, sign, structure or a portion thereof that lawfully existed before the adoption or amendment of the zoning regulation, but which does not conform to all of the regulations contained in the zoning regulations that pertain to the zone in which it is located. Administrative appeals may be made to the Owensboro Metropolitan Board of Adjustment (OMBA) for the following proposals.
To move a nonconforming use on the same lot (Authorized by Zoning Ordinance, Section 4.32 25kb.)
To move a nonconforming structure on the same lot (Authorized by Zoning Ordinance, Section 4.43 25kb.)
To change from one nonconforming use to another nonconforming use: A nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use by appeal to the OMBA. However, limitations apply: (1) Structural alterations shall not be permitted. (2) The proposed use shall be in the same or a more restrictive use classification. (3) The OMBA may require appropriate conditions and safeguards in accord with the provisions of the Zoning Ordinance. (Authorized by Zoning Ordinance, Section 4.53 25kb.)
The OMBA’s decision regarding an administrative appeal is considered a final action. Any person or entity claiming to be injured or aggrieved by any final action of the OMBA may file an appeal in Circuit Court. All appeals shall be taken in the Circuit Court within thirty (30) days after the action or decision of the OMBA, and all decisions that have not been appealed within thirty (30) days shall become final.
Direct questions about nonconforming uses to Jim Mischel.
Zoning of Property. The current zoning of a particular piece of property within Daviess County is available by contacting Mike Hill or Melissa Evans . Please provide the street address of the property in question. Online Zoning Maps are also available on this site.
Zoning Map Amendments (Zoning Changes). A proposal for a zoning map amendment may originate with the planning commission or one of the three legislative bodies of Daviess County — the Owensboro City Commission, the Whitesville City Commission, or the Daviess County Fiscal Court. However, most of the time, zoning map amendments originate with the owner of the property in question.
Zoning Map Amendment Process:
1. Applicant secures necessary materials from the Planning Office — the application form and any other necessary information. PDF forms: For zoning changes to any zone except EX-1, use 110 Zoning Map Amendment Application. For zoning changes to EX-1, use 111 Coal Mining Zoning Map Amendment Application.
2. Applicant submits complete and accurate application materials to the Planning Office, as summarized in the application.
3. Zoning Change Sign. The planning staff will place zoning change sign(s) on the property, visible from the road, 14 days before the scheduled public hearing, as required by state law. The sign(s) must remain in place until the public hearing occurs.
4. Staff Report. The planning staff will review the application and prepare a staff report including recommendations, conditions, and findings of fact. The report is forwarded to the OMPC, the applicant, and/or the applicant’s attorney, one week before the scheduled OMPC public meeting.
5. Applicant responds by letter upon receipt of the staff report, if he desires to postpone or withdraw the application.
6. Legal Notice of Public Hearing will appear in the local newspaper at least seven (7) days before the public hearing. After publication, only OMPC action can permit postponement or withdrawal of the application. The Messenger-Inquirer will directly bill the applicant for the cost of advertising
7. Public Hearing will be held by the OMPC generally on the second Thursday of each month at Owensboro City Hall. After hearing all comments, the OMPC will either act to permit withdrawal, postpone action, or recommend approval or disapproval to the appropriate legislative body: Owensboro City Commission, Daviess County Fiscal Court, or Whitesville City Commission. If the OMPC recommends approval subject to a development plan or other material not submitted prior to OMPC final action, such must be acted upon by the OMPC before development activity on the subject property may move forward.
8. OMPC’s Recommendation and Findings are sent to the legislative body after the court reporter has returned the transcribed minutes of the public hearing at which the OMPC takes final action.
9. Legislative Body, after receiving the recommendation and findings of the OMPC, will review the records, schedule two readings, and take action. At the second reading, the legislative body may permit the applicant’s attorney or others to make statements pertinent to the record. The legislative action becomes effective with legal publication in the local newspaper or legislative body final action, whichever occurs last.
Direct questions about zoning map amendments to Mike Hill or Melissa Evans.
Zoning Text Amendments. A proposal to amend the text of the Zoning Ordinance may originate with the Owensboro Metropolitan Planning Commission (OMPC) or one of the three legislative bodies of Daviess County — the Owensboro City Commission, the Whitesville City Commission, or the Daviess County Fiscal Court. Regardless of the origin of the proposed amendment, it shall be referred to the OMPC before adoption. The OMPC shall hold at least one (1) public hearing after notice as required by KRS Chapter 424 and make a recommendation as to the text of the amendment and whether the amendment shall be approved or disapproved and shall state the reasons for its recommendation. In the case of a proposed amendment originating with a legislative body, the planning commission shall make its recommendation within sixty (60) days of the date of its receipt of the proposed amendment. It shall take an affirmative vote of a majority of the legislative body to adopt the proposed amendment.
Call for assistance:
270-687-8650 – Planning, zoning, subdivision, addresses
270-687-8665 – Building, electrical permits