Owensboro City Zoning Code

ARTICLE XXII

ARENA OVERLAY DISTRICT

22.1.- Arena overlay district.

22.1.1

Purpose. The purpose of the Arena Overlay District is to encourage the concentration of recreational, entertainment and cultural uses to compliment the Owensboro Sportscenter and to provide additional recreational, entertainment and cultural activities within the City of Owensboro and Daviess County for the use and benefit of the citizens of the city, county and region.

22.1.2

Arena Overlay District Boundary. The area designated as the Arena Overlay District consists of the city block, including adjacent public street rights-of-way, bounded by West Parrish Avenue, Hickman Avenue, West 12 ^th Street and Parkview Drive. See Arena Overlay District Map in Section 22.1.10.

22.1.3

Permitted Uses. All land in this overlay district shall retain its underlying zoning district designation as well as all characteristics (land uses, building setbacks, etc.) of the underlying zoning district designation as outlined in applicable sections of this chapter. Additionally, the following land uses shall be allowed within this overlay district as principally permitted uses:

Arenas.

Indoor Recreational Activities.

Public Facilities.

Restaurants.

Retail Sale of Merchandise.

Any other uses deemed to be clearly incidental to the operation/function of principally permitted uses within the Arena Overlay District.

22.1.4

Building Height. Buildings within this overlay district shall not exceed a maximum height of eighty-five (85) feet.

22.1.5

Parking Requirements. Parking requirements within this overlay district are as follows:

The minimum number of required off-street parking spaces for properties within this overlay district shall be as follows:

Arenas: One (1) space per four (4) seats.

ii.

For all other land uses not listed in Section 22.1.3 see Article 13 Off-Street Parking, Loading and Unloading Areas.

A Parking Master Plan is required to demonstrate how required parking will be accomplished by showing available on-site parking and other satellite parking locations. Off-site parking is acceptable to meet the overall parking requirements within this overlay district.

22.1.6

Landscaping Requirements. Landscaping requirements within this overlay district are as follows:

Property Perimeter Landscaping. The property perimeter landscaping requirements from Table 17.311 are applicable to all properties within this overlay district.

Vehicular Use Area Perimeter Landscaping. The vehicular use area perimeter landscaping requirements from Table 17.312 are applicable to all properties within this overlay district.

Vehicular Use Area Interior Landscaping. There are no vehicular use area interior landscaping requirements for properties within this overlay district.

Requirements listed in Article 17 Landscape and Land Use Buffers including, but not limited to, those related to plant size, spacing, maintenance and sight triangle requirements also apply to properties within this overlay district.

22.1.7

Sign Requirements. Signage requirements within this overlay district are as follows:

One (1) multi-tenant free-standing sign within the overlay district is allowed.

Multi-tenant free-standing sign height shall not exceed thirty-two (32) feet.

ii.

Multi-tenant free-standing sign area shall not exceed six hundred (600) square feet.

Building Sign area shall not exceed six hundred (600) square feet per building sign.

Free-standing signs must be shown on the final development plan.

See Article 9 Sign Regulations for other applicable signage requirements.

22.1.8

Final Development Plan Required. Development or redevelopment of any property located within the Arena Overlay District requires the submittal and approval of a final development plan before any building permits are issued. Final development plans within the Arena Overlay District shall be approved by the full Planning Commission. Minor modifications of previously approved final development plans within the Arena Overlay District may be approved by the Planning Director. Minor modifications may not increase building square footage or alter the number of parking spaces. See Article 16 Development Plans for more information regarding the development plan review process. The following items shall be included with any final development plan submitted within this overlay district:

Completed final development plan application.

Final development plan fee.

Copies of the proposed final development plan, contents of which are outlined in this chapter and listed on the final development plan application form.

A Parking Master Plan to be reviewed by OMPC staff, City Engineer staff and other applicable agencies must be submitted demonstrating compliance with parking requirements.

A Lighting Plan must be submitted demonstrating how proposed lighting fixtures will be installed so as to reflect light away from adjoining properties.

Other items, documents or materials deemed necessary by OMPC staff.

22.1.9

Miscellaneous Requirements.

Issues not addressed by regulations contained within Section 22.1 Arena Overlay District that are addressed elsewhere within this chapter may apply to properties within this overlay district.

All development within the Arena Overlay District is subject to the applicable requirements of the most recent version of the Kentucky Building Code.

22.1.10

Arena Overlay District Map.

(Ord. No. 11-2016, § 2, 5-3-2016)

22.2. - Near Downtown Parking Overlay District.

2.22.1

Purpose. The purpose of the Near Downtown Parking Overlay District is to encourage the densification of residential uses located near the downtown area when off-street parking may not be available as a result of the conversion of single-family residential structures to multi-family residential structures or construction of new multi-family residential structures on vacant lots. Parking may be permitted on-street through a conditional use permit by the Owensboro Metropolitan Board of Adjustment.

2.22.2

Near Downtown Parking Overlay District Boundary. The area designated as the Near Downtown Parking Overlay District consists of the area surrounding the Downtown Overlay District boundary including adjacent public street rights-of-way, bounded by Orchard Street, Parrish Avenue, and Center Street. See Near Downtown Parking Overlay District Map in Section 22.2.

2.22.3

Conditionally permitted on-street parking shall be subject to the following:

The subject property shall be located within the Near Downtown Parking Overlay District.

The subject property shall be zoned R-4DT inner city residential.

The applicant shall provide a parking analysis prepared by a professional engineer to include the following:

(1)

On-street parking is available within the area to meet the minimum parking requirements of Article 13.

(2)

The parking analysis shall be performed on four (4) typical non-holiday work days, Tuesday through Thursday.

(3)

The parking analysis shall be performed at 7:00 a.m., 12:30 p.m. and 7:00 p.m. to demonstrate on-street parking is available during peak times.

On-street parking shall only be permitted on local streets as determined by their functional classification as listed on the current Major Street Setbacks and Buffers form T2.

22.2.4

Miscellaneous Requirements. All development within the Near Downtown Parking Overlay District is subject to the applicable requirements of the most recent edition of the Kentucky Building Code and the OMPC building, electrical, HVAC department shall be contacted prior to any construction activity taking place.

22.2.5

Near Downtown Parking Overlay District Map.

(Ord. No. 6-2019, § 6(Exh. E), 5-7-2019)

Appendix A. - Street and Streetscape Design

Generally: Streets in Downtown Owensboro need to support the overall goal of a mixed use, compact, pedestrian oriented district. They should balance all forms of mobility while maximizing convenience for residents and visitors. The standards in this section should apply to new and substantially reconstructed streets within Downtown Owensboro.

In addition to retaining the existing street network, the Regulating Plan designates additional recommended streets within Downtown Owensboro. This section specifies the typical configuration of streets within Downtown. The specifications address vehicular lane width, parkway widths, R-O-W widths, number of travel lanes, on-street parking, and pedestrian accommodation.

Street Types Established. Table 1 below and associated cross sections establish the cross sections for each street type. The cross sections may be adjusted to fit existing contexts and design goals with the approval of the City Engineer. In addition, the proposed cross sections may be adjusted to meet the needs of the Uniform Fire Code as adopted by the City.

Elements Street Type	R-O-W (Recommended minimum)	Number of Lanes (max.)	Lane Widths	On-Street Parking	Sidewalk Width (min.)	Parkway/ Tree Well
Downtown Avenue	71'	2	11'	Yes, both sides, parallel or angled ^*	10' clear	Tree wells/grates; (6' × 6')
Downtown Street	Existing or 61' min.	2	10'	Yes, both sides, parallel	6' clear	Tree wells; (6' × 6')
Neighborhood Avenue	Existing or 61' min.	2	11'	Yes, both sides, parallel	6' clear	Parkway; 6' wide
Pedestrian Way	Existing or 61' min.	NA	NA	NA	8' clear	30' wide (max) parkway
Alley	Existing or 20' min. 16' pavement width	NA	16'	No	NA	NA

Width of parallel parking lane is assumed at 8.5'

Street Cross Sections.

Downtown Avenue

Downtown Street

Neighborhood Avenue

Pedestrian Way

Downtown Alley

Streetscape & Landscape Standards.

Streetscape standards should guide the design of all new and substantially reconstructed streets within Downtown Owensboro. Streetscape standards address all elements between the building face and edge of the curb. Typical streetscape elements addressed are street trees, lighting, street furniture and pedestrian amenities, and materials.

Street Trees (within public R-O-Ws):

Street trees should be provided on all streets (except on alleys).

ii.

Street trees should be planted approximately 3 ft. behind the curb line.

iii.

Spacing should be an average of no more than 30 ft. on center (measured per block face).

iv.

The minimum caliper size for each tree should be 3 in. and a minimum of 12 ft. in height at planting. Each tree should be planted in a planting area no less than 36 sq. ft.

Species selected should be native, drought and disease tolerant.

Street Furniture, Lighting, and Materials:

Pedestrian scale lighting should be provided along all streets (except on alleys). They should be no taller than 15 ft.

ii.

Street lights should be placed at no more than 50 ft. on center, approximately 3 ft. behind the curb line.

iii.

The light standard selected should be compatible with the design of the street and buildings.

iv.

Trash receptacles and bike racks should be provided along all Type "A" Streets. They should be located at an average of 100 ft. on center (measured per block face).

Street furniture and pedestrian amenities such as benches are recommended along all Type "A" Streets.

vi.

Where provided, all street furniture shall be located in such a manner as to allow a clear sidewalk passageway of a minimum of 6 ft.

vii.

Materials selected for paving and street furniture should be of durable quality and require minimal maintenance.

(Ord. No. 8-2015, § 2, 4-21-2015)

Appendix B. - Typical Application Process for Projects within the Downtown Overlay District

Table 1

Type of Request	Administrative Review	Administrative Decision (DDA)	HPB Decision	ZBA Decision	P & Z/CC Decision	Applicable Articles/ Sections/ Comments
1. Ordinary maintenance of existing building (historic and non-historic) (with no changes to the exterior)	NA	NA	NA	NA	NA	• Interior changes may require building, electrical, and/or other city permits • Article 21 Review and Downtown Design Review Approval
2. Ordinary maintenance of historic buildings (with changes to the exterior)	Yes	Yes	Appeal	NA	NA	• Article 21.81(h) • Certificate of Appropriateness req'd
3. Ordinary maintenance of non-historic buildings (with changes to the exterior)	NA	NA	NA	NA	NA	• Interior changes may require building, electrical, and/or other city permits • Certificate of Appropriateness req'd
4. Renovation or alteration of a building interior with no exterior façade changes in all Character Districts	Yes	Yes	Appeal	NA	NA	• Article 4 shall apply if the structure is non-conforming • Interior changes may require building, electrical, and/or other city permits
5. Renovation, alteration or addition to a building in the Historic Core 6. Construction of a new building within the Historic Code	Yes	Yes	Appeal	Dim Var.		• Article 21.81 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved by the Downtown Design Administrator for all requests that meet Article 21.81 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final
7. Demolition of a building within the Historic Core	Yes	Rec. Only	Yes			• Article 21.81(h) shall apply • HPB approval of COA is required prior to application to the City Property Maintenance Department for a building permit for demolition • HPB makes a final decision on the request after a duly advertised Public Hearing on the request • Appeals to the decision of the HPB shall be made to the Circuit Court of Daviess County
8. Renovation, alteration, or addition to a building in any Character District other than the Historic Core	Yes	Yes	Appeal	Dim. Var.		• Article 21 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21
9. Construction of a new building within any Character District other than the Historic Core						• Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final
10. Demolition of a building within any character district other than the Historic Core	Yes	Yes	Appeal N/A	NA	NA	• Article 21.8 shall apply • Requires demolition permit from the City.
11. Construction of a parking garage within any Character District	Yes	Yes	Appeal	Dim. Var.		• Article 21.8 Overlay District Building Form and Development Standards shall apply • Article 21.9 Building Design Standards shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
12. Construction of a new surface parking lot or expansion of an existing surface parking lot	Yes	Yes	Appeal	Dim. Var.		• Article 21.8 Overlay District Building Form and Development Standards shall apply • Article 21.9 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
13. Construction of a Major Civic Venue as identified in the Illustrative Master Plan and the Regulating Plan	Yes	No	Yes	Dim. Var.		• Articles 21.8 and 21.9 shall apply • Final decision on Civic Venue applications shall be made by the Historic Preservation Board subject to any dimensional variances that are required to be approved by the Board of Adjustment • Certificate of Appropriateness req'd
14. Change of use within an existing non-conforming building or structure (with no exterior façade changes)	Yes	Yes				• Article 21.142(o) shall apply
15. New sign or alter an existing sign within any Character District	Yes	Yes	Appeal	Dim. Var.		• Article 21.13 and 21.142 shall apply • Sign permits shall be required for all new and altered signs within any character district • Certificate of Appropriateness req'd
16. Master Sign Plan approval	Yes	No	Yes	Dim. Var.		• Sign permits may be approved administratively for all signs that meet Article 21.13 • Decision on all Design Exceptions to standards in Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
17. Request to change Overlay Character District	Yes	No	NA	NA	Yes	• All requests to change the Overlay Character District shall be processed as a text amendment to the Owensboro Metropolitan Zoning Ordinance per Article 6
18. Request to change zoning to the B-2 District within the boundaries of Downtown Overlay District	Yes	No	NA	NA	Yes	• All requests to change the underlying zoning shall be processed as Zoning Map Amendment per Article 6

(Ord. No. 8-2015, § 2, 4-21-2015)

Owensboro City Zoning Code

ARTICLE XXII

ARENA OVERLAY DISTRICT

22.1.- Arena overlay district.

22.1.1

22.1.2

22.1.3

Arenas.

Indoor Recreational Activities.

Public Facilities.

Restaurants.

Retail Sale of Merchandise.

Any other uses deemed to be clearly incidental to the operation/function of principally permitted uses within the Arena Overlay District.

22.1.4

Building Height. Buildings within this overlay district shall not exceed a maximum height of eighty-five (85) feet.

22.1.5

Parking Requirements. Parking requirements within this overlay district are as follows:

The minimum number of required off-street parking spaces for properties within this overlay district shall be as follows:

Arenas: One (1) space per four (4) seats.

ii.

For all other land uses not listed in Section 22.1.3 see Article 13 Off-Street Parking, Loading and Unloading Areas.

22.1.6

Landscaping Requirements. Landscaping requirements within this overlay district are as follows:

Property Perimeter Landscaping. The property perimeter landscaping requirements from Table 17.311 are applicable to all properties within this overlay district.

Vehicular Use Area Perimeter Landscaping. The vehicular use area perimeter landscaping requirements from Table 17.312 are applicable to all properties within this overlay district.

Vehicular Use Area Interior Landscaping. There are no vehicular use area interior landscaping requirements for properties within this overlay district.

22.1.7

Sign Requirements. Signage requirements within this overlay district are as follows:

One (1) multi-tenant free-standing sign within the overlay district is allowed.

Multi-tenant free-standing sign height shall not exceed thirty-two (32) feet.

ii.

Multi-tenant free-standing sign area shall not exceed six hundred (600) square feet.

Building Sign area shall not exceed six hundred (600) square feet per building sign.

Free-standing signs must be shown on the final development plan.

See Article 9 Sign Regulations for other applicable signage requirements.

22.1.8

Completed final development plan application.

Final development plan fee.

Copies of the proposed final development plan, contents of which are outlined in this chapter and listed on the final development plan application form.

A Parking Master Plan to be reviewed by OMPC staff, City Engineer staff and other applicable agencies must be submitted demonstrating compliance with parking requirements.

A Lighting Plan must be submitted demonstrating how proposed lighting fixtures will be installed so as to reflect light away from adjoining properties.

Other items, documents or materials deemed necessary by OMPC staff.

22.1.9

Miscellaneous Requirements.

Issues not addressed by regulations contained within Section 22.1 Arena Overlay District that are addressed elsewhere within this chapter may apply to properties within this overlay district.

All development within the Arena Overlay District is subject to the applicable requirements of the most recent version of the Kentucky Building Code.

22.1.10

Arena Overlay District Map.

(Ord. No. 11-2016, § 2, 5-3-2016)

22.2. - Near Downtown Parking Overlay District.

2.22.1

2.22.2

2.22.3

Conditionally permitted on-street parking shall be subject to the following:

The subject property shall be located within the Near Downtown Parking Overlay District.

The subject property shall be zoned R-4DT inner city residential.

The applicant shall provide a parking analysis prepared by a professional engineer to include the following:

(1)

On-street parking is available within the area to meet the minimum parking requirements of Article 13.

(2)

The parking analysis shall be performed on four (4) typical non-holiday work days, Tuesday through Thursday.

(3)

The parking analysis shall be performed at 7:00 a.m., 12:30 p.m. and 7:00 p.m. to demonstrate on-street parking is available during peak times.

On-street parking shall only be permitted on local streets as determined by their functional classification as listed on the current Major Street Setbacks and Buffers form T2.

22.2.4

22.2.5

Near Downtown Parking Overlay District Map.

(Ord. No. 6-2019, § 6(Exh. E), 5-7-2019)

Appendix A. - Street and Streetscape Design

Elements Street Type	R-O-W (Recommended minimum)	Number of Lanes (max.)	Lane Widths	On-Street Parking	Sidewalk Width (min.)	Parkway/ Tree Well
Downtown Avenue	71'	2	11'	Yes, both sides, parallel or angled ^*	10' clear	Tree wells/grates; (6' × 6')
Downtown Street	Existing or 61' min.	2	10'	Yes, both sides, parallel	6' clear	Tree wells; (6' × 6')
Neighborhood Avenue	Existing or 61' min.	2	11'	Yes, both sides, parallel	6' clear	Parkway; 6' wide
Pedestrian Way	Existing or 61' min.	NA	NA	NA	8' clear	30' wide (max) parkway
Alley	Existing or 20' min. 16' pavement width	NA	16'	No	NA	NA

Width of parallel parking lane is assumed at 8.5'

Street Cross Sections.

Downtown Avenue

Downtown Street

Neighborhood Avenue

Pedestrian Way

Downtown Alley

Streetscape & Landscape Standards.

Street Trees (within public R-O-Ws):

Street trees should be provided on all streets (except on alleys).

ii.

Street trees should be planted approximately 3 ft. behind the curb line.

iii.

Spacing should be an average of no more than 30 ft. on center (measured per block face).

iv.

The minimum caliper size for each tree should be 3 in. and a minimum of 12 ft. in height at planting. Each tree should be planted in a planting area no less than 36 sq. ft.

Species selected should be native, drought and disease tolerant.

Street Furniture, Lighting, and Materials:

Pedestrian scale lighting should be provided along all streets (except on alleys). They should be no taller than 15 ft.

ii.

Street lights should be placed at no more than 50 ft. on center, approximately 3 ft. behind the curb line.

iii.

The light standard selected should be compatible with the design of the street and buildings.

iv.

Trash receptacles and bike racks should be provided along all Type "A" Streets. They should be located at an average of 100 ft. on center (measured per block face).

Street furniture and pedestrian amenities such as benches are recommended along all Type "A" Streets.

vi.

Where provided, all street furniture shall be located in such a manner as to allow a clear sidewalk passageway of a minimum of 6 ft.

vii.

Materials selected for paving and street furniture should be of durable quality and require minimal maintenance.

(Ord. No. 8-2015, § 2, 4-21-2015)

Appendix B. - Typical Application Process for Projects within the Downtown Overlay District

Table 1

Type of Request	Administrative Review	Administrative Decision (DDA)	HPB Decision	ZBA Decision	P & Z/CC Decision	Applicable Articles/ Sections/ Comments
1. Ordinary maintenance of existing building (historic and non-historic) (with no changes to the exterior)	NA	NA	NA	NA	NA	• Interior changes may require building, electrical, and/or other city permits • Article 21 Review and Downtown Design Review Approval
2. Ordinary maintenance of historic buildings (with changes to the exterior)	Yes	Yes	Appeal	NA	NA	• Article 21.81(h) • Certificate of Appropriateness req'd
3. Ordinary maintenance of non-historic buildings (with changes to the exterior)	NA	NA	NA	NA	NA	• Interior changes may require building, electrical, and/or other city permits • Certificate of Appropriateness req'd
4. Renovation or alteration of a building interior with no exterior façade changes in all Character Districts	Yes	Yes	Appeal	NA	NA	• Article 4 shall apply if the structure is non-conforming • Interior changes may require building, electrical, and/or other city permits
5. Renovation, alteration or addition to a building in the Historic Core 6. Construction of a new building within the Historic Code	Yes	Yes	Appeal	Dim Var.		• Article 21.81 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved by the Downtown Design Administrator for all requests that meet Article 21.81 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final
7. Demolition of a building within the Historic Core	Yes	Rec. Only	Yes			• Article 21.81(h) shall apply • HPB approval of COA is required prior to application to the City Property Maintenance Department for a building permit for demolition • HPB makes a final decision on the request after a duly advertised Public Hearing on the request • Appeals to the decision of the HPB shall be made to the Circuit Court of Daviess County
8. Renovation, alteration, or addition to a building in any Character District other than the Historic Core	Yes	Yes	Appeal	Dim. Var.		• Article 21 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21
9. Construction of a new building within any Character District other than the Historic Core						• Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final
10. Demolition of a building within any character district other than the Historic Core	Yes	Yes	Appeal N/A	NA	NA	• Article 21.8 shall apply • Requires demolition permit from the City.
11. Construction of a parking garage within any Character District	Yes	Yes	Appeal	Dim. Var.		• Article 21.8 Overlay District Building Form and Development Standards shall apply • Article 21.9 Building Design Standards shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
12. Construction of a new surface parking lot or expansion of an existing surface parking lot	Yes	Yes	Appeal	Dim. Var.		• Article 21.8 Overlay District Building Form and Development Standards shall apply • Article 21.9 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
13. Construction of a Major Civic Venue as identified in the Illustrative Master Plan and the Regulating Plan	Yes	No	Yes	Dim. Var.		• Articles 21.8 and 21.9 shall apply • Final decision on Civic Venue applications shall be made by the Historic Preservation Board subject to any dimensional variances that are required to be approved by the Board of Adjustment • Certificate of Appropriateness req'd
14. Change of use within an existing non-conforming building or structure (with no exterior façade changes)	Yes	Yes				• Article 21.142(o) shall apply
15. New sign or alter an existing sign within any Character District	Yes	Yes	Appeal	Dim. Var.		• Article 21.13 and 21.142 shall apply • Sign permits shall be required for all new and altered signs within any character district • Certificate of Appropriateness req'd
16. Master Sign Plan approval	Yes	No	Yes	Dim. Var.		• Sign permits may be approved administratively for all signs that meet Article 21.13 • Decision on all Design Exceptions to standards in Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
17. Request to change Overlay Character District	Yes	No	NA	NA	Yes	• All requests to change the Overlay Character District shall be processed as a text amendment to the Owensboro Metropolitan Zoning Ordinance per Article 6
18. Request to change zoning to the B-2 District within the boundaries of Downtown Overlay District	Yes	No	NA	NA	Yes	• All requests to change the underlying zoning shall be processed as Zoning Map Amendment per Article 6

(Ord. No. 8-2015, § 2, 4-21-2015)

Owensboro City Zoning Code

ARTICLE XXII

ARENA OVERLAY DISTRICT

22.1.- Arena overlay district.

22.1.1

22.1.2

22.1.3

Arenas.

Indoor Recreational Activities.

Public Facilities.

Restaurants.

Retail Sale of Merchandise.

Any other uses deemed to be clearly incidental to the operation/function of principally permitted uses within the Arena Overlay District.

22.1.4

Building Height. Buildings within this overlay district shall not exceed a maximum height of eighty-five (85) feet.

22.1.5

Parking Requirements. Parking requirements within this overlay district are as follows:

The minimum number of required off-street parking spaces for properties within this overlay district shall be as follows:

Arenas: One (1) space per four (4) seats.

ii.

For all other land uses not listed in Section 22.1.3 see Article 13 Off-Street Parking, Loading and Unloading Areas.

22.1.6

Landscaping Requirements. Landscaping requirements within this overlay district are as follows:

Property Perimeter Landscaping. The property perimeter landscaping requirements from Table 17.311 are applicable to all properties within this overlay district.

Vehicular Use Area Perimeter Landscaping. The vehicular use area perimeter landscaping requirements from Table 17.312 are applicable to all properties within this overlay district.

Vehicular Use Area Interior Landscaping. There are no vehicular use area interior landscaping requirements for properties within this overlay district.

22.1.7

Sign Requirements. Signage requirements within this overlay district are as follows:

One (1) multi-tenant free-standing sign within the overlay district is allowed.

Multi-tenant free-standing sign height shall not exceed thirty-two (32) feet.

ii.

Multi-tenant free-standing sign area shall not exceed six hundred (600) square feet.

Building Sign area shall not exceed six hundred (600) square feet per building sign.

Free-standing signs must be shown on the final development plan.

See Article 9 Sign Regulations for other applicable signage requirements.

22.1.8

Completed final development plan application.

Final development plan fee.

Copies of the proposed final development plan, contents of which are outlined in this chapter and listed on the final development plan application form.

A Parking Master Plan to be reviewed by OMPC staff, City Engineer staff and other applicable agencies must be submitted demonstrating compliance with parking requirements.

A Lighting Plan must be submitted demonstrating how proposed lighting fixtures will be installed so as to reflect light away from adjoining properties.

Other items, documents or materials deemed necessary by OMPC staff.

22.1.9

Miscellaneous Requirements.

Issues not addressed by regulations contained within Section 22.1 Arena Overlay District that are addressed elsewhere within this chapter may apply to properties within this overlay district.

All development within the Arena Overlay District is subject to the applicable requirements of the most recent version of the Kentucky Building Code.

22.1.10

Arena Overlay District Map.

(Ord. No. 11-2016, § 2, 5-3-2016)

22.2. - Near Downtown Parking Overlay District.

2.22.1

2.22.2

2.22.3

Conditionally permitted on-street parking shall be subject to the following:

The subject property shall be located within the Near Downtown Parking Overlay District.

The subject property shall be zoned R-4DT inner city residential.

The applicant shall provide a parking analysis prepared by a professional engineer to include the following:

(1)

On-street parking is available within the area to meet the minimum parking requirements of Article 13.

(2)

The parking analysis shall be performed on four (4) typical non-holiday work days, Tuesday through Thursday.

(3)

The parking analysis shall be performed at 7:00 a.m., 12:30 p.m. and 7:00 p.m. to demonstrate on-street parking is available during peak times.

On-street parking shall only be permitted on local streets as determined by their functional classification as listed on the current Major Street Setbacks and Buffers form T2.

22.2.4

22.2.5

Near Downtown Parking Overlay District Map.

(Ord. No. 6-2019, § 6(Exh. E), 5-7-2019)

Appendix A. - Street and Streetscape Design

Elements Street Type	R-O-W (Recommended minimum)	Number of Lanes (max.)	Lane Widths	On-Street Parking	Sidewalk Width (min.)	Parkway/ Tree Well
Downtown Avenue	71'	2	11'	Yes, both sides, parallel or angled ^*	10' clear	Tree wells/grates; (6' × 6')
Downtown Street	Existing or 61' min.	2	10'	Yes, both sides, parallel	6' clear	Tree wells; (6' × 6')
Neighborhood Avenue	Existing or 61' min.	2	11'	Yes, both sides, parallel	6' clear	Parkway; 6' wide
Pedestrian Way	Existing or 61' min.	NA	NA	NA	8' clear	30' wide (max) parkway
Alley	Existing or 20' min. 16' pavement width	NA	16'	No	NA	NA

Width of parallel parking lane is assumed at 8.5'

Street Cross Sections.

Downtown Avenue

Downtown Street

Neighborhood Avenue

Pedestrian Way

Downtown Alley

Streetscape & Landscape Standards.

Street Trees (within public R-O-Ws):

Street trees should be provided on all streets (except on alleys).

ii.

Street trees should be planted approximately 3 ft. behind the curb line.

iii.

Spacing should be an average of no more than 30 ft. on center (measured per block face).

iv.

The minimum caliper size for each tree should be 3 in. and a minimum of 12 ft. in height at planting. Each tree should be planted in a planting area no less than 36 sq. ft.

Species selected should be native, drought and disease tolerant.

Street Furniture, Lighting, and Materials:

Pedestrian scale lighting should be provided along all streets (except on alleys). They should be no taller than 15 ft.

ii.

Street lights should be placed at no more than 50 ft. on center, approximately 3 ft. behind the curb line.

iii.

The light standard selected should be compatible with the design of the street and buildings.

iv.

Trash receptacles and bike racks should be provided along all Type "A" Streets. They should be located at an average of 100 ft. on center (measured per block face).

Street furniture and pedestrian amenities such as benches are recommended along all Type "A" Streets.

vi.

Where provided, all street furniture shall be located in such a manner as to allow a clear sidewalk passageway of a minimum of 6 ft.

vii.

Materials selected for paving and street furniture should be of durable quality and require minimal maintenance.

(Ord. No. 8-2015, § 2, 4-21-2015)

Appendix B. - Typical Application Process for Projects within the Downtown Overlay District

Table 1

Type of Request	Administrative Review	Administrative Decision (DDA)	HPB Decision	ZBA Decision	P & Z/CC Decision	Applicable Articles/ Sections/ Comments
1. Ordinary maintenance of existing building (historic and non-historic) (with no changes to the exterior)	NA	NA	NA	NA	NA	• Interior changes may require building, electrical, and/or other city permits • Article 21 Review and Downtown Design Review Approval
2. Ordinary maintenance of historic buildings (with changes to the exterior)	Yes	Yes	Appeal	NA	NA	• Article 21.81(h) • Certificate of Appropriateness req'd
3. Ordinary maintenance of non-historic buildings (with changes to the exterior)	NA	NA	NA	NA	NA	• Interior changes may require building, electrical, and/or other city permits • Certificate of Appropriateness req'd
4. Renovation or alteration of a building interior with no exterior façade changes in all Character Districts	Yes	Yes	Appeal	NA	NA	• Article 4 shall apply if the structure is non-conforming • Interior changes may require building, electrical, and/or other city permits
5. Renovation, alteration or addition to a building in the Historic Core 6. Construction of a new building within the Historic Code	Yes	Yes	Appeal	Dim Var.		• Article 21.81 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved by the Downtown Design Administrator for all requests that meet Article 21.81 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final
7. Demolition of a building within the Historic Core	Yes	Rec. Only	Yes			• Article 21.81(h) shall apply • HPB approval of COA is required prior to application to the City Property Maintenance Department for a building permit for demolition • HPB makes a final decision on the request after a duly advertised Public Hearing on the request • Appeals to the decision of the HPB shall be made to the Circuit Court of Daviess County
8. Renovation, alteration, or addition to a building in any Character District other than the Historic Core	Yes	Yes	Appeal	Dim. Var.		• Article 21 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21
9. Construction of a new building within any Character District other than the Historic Core						• Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final
10. Demolition of a building within any character district other than the Historic Core	Yes	Yes	Appeal N/A	NA	NA	• Article 21.8 shall apply • Requires demolition permit from the City.
11. Construction of a parking garage within any Character District	Yes	Yes	Appeal	Dim. Var.		• Article 21.8 Overlay District Building Form and Development Standards shall apply • Article 21.9 Building Design Standards shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
12. Construction of a new surface parking lot or expansion of an existing surface parking lot	Yes	Yes	Appeal	Dim. Var.		• Article 21.8 Overlay District Building Form and Development Standards shall apply • Article 21.9 shall apply • Certificate of Appropriateness req'd • Certificate of Appropriateness may be administratively approved for all requests that meet Article 21 • Any decision on variances to dimensional elements limited to building height and building setbacks shall be made by the Board of Adjustment after a recommendation on the same by the HPB • Decision on all other applications that do not meet Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
13. Construction of a Major Civic Venue as identified in the Illustrative Master Plan and the Regulating Plan	Yes	No	Yes	Dim. Var.		• Articles 21.8 and 21.9 shall apply • Final decision on Civic Venue applications shall be made by the Historic Preservation Board subject to any dimensional variances that are required to be approved by the Board of Adjustment • Certificate of Appropriateness req'd
14. Change of use within an existing non-conforming building or structure (with no exterior façade changes)	Yes	Yes				• Article 21.142(o) shall apply
15. New sign or alter an existing sign within any Character District	Yes	Yes	Appeal	Dim. Var.		• Article 21.13 and 21.142 shall apply • Sign permits shall be required for all new and altered signs within any character district • Certificate of Appropriateness req'd
16. Master Sign Plan approval	Yes	No	Yes	Dim. Var.		• Sign permits may be approved administratively for all signs that meet Article 21.13 • Decision on all Design Exceptions to standards in Article 21 (except dimensional variances) shall be made by the HPB after Administrative Review and recommendation to the HPB • Decision of the HPB on such requests shall be final and may be appealed to the Circuit Court of Daviess County
17. Request to change Overlay Character District	Yes	No	NA	NA	Yes	• All requests to change the Overlay Character District shall be processed as a text amendment to the Owensboro Metropolitan Zoning Ordinance per Article 6
18. Request to change zoning to the B-2 District within the boundaries of Downtown Overlay District	Yes	No	NA	NA	Yes	• All requests to change the underlying zoning shall be processed as Zoning Map Amendment per Article 6

(Ord. No. 8-2015, § 2, 4-21-2015)