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Owensboro, KY Accessory Structures: ADU Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Owensboro, KY, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Base unit cap
4 dwelling units above or behind eligible businesses
Unlimited exception
5,000+ sq ft ground floor, fully commercial, sewer served
Zones per amendment history
P-1, B-1, B-2, B-3, and B-4
Unit placement
Must be part of the principal building
Separate provision
Watchman/caretaker units allowed under Section 8.4(2B)
Penalty
$10 to $500 per conviction, each day a separate offense

Summary

In the City of Owensboro, an accessory dwelling unit above or behind a business in the P-1, B-1, B-2, B-3, or B-4 zones is capped at four units under the joint zoning ordinance's Section 8.4(2A), unless the ground-floor business occupies an entire first floor of at least 5,000 square feet, in which case the ordinance allows an unlimited number of units above it, provided sanitary sewer service reaches the property.

increased number of accessory dwelling units allowed in P-1, B-1, B-2, B-3, and B-4 zones from 1 to 2 units to be located to the rear or above the principally permitted business; ... 2A.Dwelling units (not more than four (4) provided that the dwelling unit(s) shall be a part of the principal building and located above or to the rear of the principally permitted use. An unlimited number of dwelling units may be located within the principal building when the dwelling units are located above the principally permitted use(s) provided the principally permitted use(s) occupies the entire first floor of the building, the first floor shall be at least five thousand (5,000) square feet in size and sanitary sewer service shall be available to the property.

Full Breakdown

The joint Owensboro-Daviess County Zoning Ordinance regulates accessory dwelling units through the "Dwelling: Accessory" use category in the Section 8.2 Zones and Uses Table, with the detailed standard spelled out at Section 8.4(2A). The ordinance's own amendment history for Article VIII records that a 2003-2004 revision "increased number of accessory dwelling units allowed in P-1, B-1, B-2, B-3, and B-4 zones from 1 to 2 units to be located to the rear or above the principally permitted business," and Section 8.4(2A) has since been revised again (an amendment specific to "Dwelling: Accessory/2A" is recorded as adopted August 15, 2023) to raise the general cap to four units.

Under Section 8.4(2A), an accessory dwelling unit must be part of the principal building itself and located above or to the rear of the principally permitted business use; a garage apartment or similar unit that is a separate structure does not qualify under this provision. The four-unit cap disappears entirely when the ground-floor commercial use occupies the whole first floor of the building, that first floor is at least 5,000 square feet, and municipal sanitary sewer service is available to the property, in which case an unlimited number of dwelling units may be built above the business. A separate provision, Section 8.4(2B), covers watchman or caretaker dwelling units located on the same premises as the permitted use, which are treated differently from the general accessory dwelling unit standard in 2A. Any accessory dwelling unit still has to meet the site development standards, including height and lot coverage limits, that apply to the zone under Article 8.

Violations & Fines

Building or occupying an accessory dwelling unit that exceeds the four-unit cap, is not part of the principal building, or is not located above or to the rear of the permitted business use, violates Section 8.4(2A) and the Zoning Ordinance generally. Under Section 5.6, that is punishable by a fine of not less than ten dollars nor more than five hundred dollars per conviction, with each day of the violation a separate offense, and the Zoning Administrator can withhold or revoke the certificate of occupancy.

Frequently Asked Questions

How many accessory dwelling units can I build above my Owensboro business?
Section 8.4(2A) caps it at four units, and each must be part of the principal building, located above or to the rear of the permitted business use. That cap only disappears if the business occupies the entire first floor at 5,000 square feet or more and sanitary sewer is available.
Can I build a detached garage apartment as an accessory dwelling in Owensboro's business zones?
Section 8.4(2A) requires the dwelling unit to be part of the principal building itself, located above or to the rear of the principally permitted use, so a freestanding structure separate from the business building does not qualify under this provision.
Is there a way around Owensboro's four-unit cap on accessory dwellings above a business?
Yes. Section 8.4(2A) removes the numeric cap entirely when the ground-floor business occupies the whole first floor of the building, that floor is at least 5,000 square feet, and sanitary sewer service is available to the property.

Sources & Official References

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