Improved Applicability Statement

Approximately forty local landowners, along with other interested citizens who appreciate the potential of well-regulated solar have formed a group we call Limestone Solar.


We have identified 38 changes to improve the JPC’s Sept 2021 draft solar ordinance. These changes are modeled on the KY Model Solar ordinance and the Dec 2020 draft solar ordinance circulated by Judge Pfeffer.

This page discussed only the third improvement – the applicability statement.

While we desire well-regulated solar, the opposition (Citizen Voice of Mason County Inc.) repeatedly states their goal is NO SOLAR. This anti-group was originally called Citizens Voice of Mason County. That earlier group successfully kept wind power out of Mason County when their version of the Wind Energy System (WES) zoning ordinance was adopted. That WES ordinance is full of requirements designed to make developing wind energy uneconomical.

While Solar and Wind would have a dramatically different impact on a community, Citizens Voice is trying to block solar the same way they blocked wind energy.

The bias of the Sept 2021 draft becomes obvious in the proposed applicability statement.

Current draft version

414.03             APPLICABILITY

The provisions of this Section are applicable to those districts which permit industrial scale SES within Mason County, Kentucky, and governs the siting of industrial scale SES and related substations, maintenance facilities and other accessory facilities, as defined, that are ancillary to industrial scale SES. Any reference to applicant, owner, operator or successor is intended to refer to an entity that is a responsible party in terms of being continually required to abide by the provisions of this Chapter and similarly is bound by any agreement entered into with the City of Maysville and/or Mason County.

This ordinance should regulate ALL solar, Integrated Solar, Rooftop Solar, Small Scale Solar, Intermediate Scale Solar, and Large Scale Solar. In their attempt to introduce the pejorative term “industrial scale”, this version loses sight of regulating all solar. The applicability statement is much more concise if we drop the word industrial scale so that it reads like this

Improved version

414.03             APPLICABILITY

The provisions of this Section are applicable to those districts which permit SES within Mason County, Kentucky, and governs the siting of SES and related substations, maintenance facilities and other accessory facilities, as defined, that are ancillary to SES. Any reference to the applicant, owner, operator or successor is intended to refer to an entity that is a responsible party in terms of being continually required to abide by the provisions of this Chapter and similarly is bound by any agreement entered into with the City of Maysville and/or Mason County.

Types of Solar Energy Systems

  • Integrated Solar – part of buildinng is a solar colector
  • Rooftop Solar– Solar colletor is mounted on existing roof
  • Ground Mounted
    • Small Scale
    • Intermediate Scale
    • Large Scale