Location Regulation

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 twelth improvement – Defining approved SES location


The Dec 2021 Draft proposed – “Location. SES are permitted only in districts as specified in Code of Ordinances Section 406, Land Use Classification and Designation”


Building on the Dec 2020 draft ordinance we propose this. For an explanation of why ground-mounted solar belongs in A1 and A2 please read



Improved version

Conditional Use Permit Requirements and Allowed Uses

Refer to Section 406.62 Allowable Land Uses for guidance on where SESs are permitted, conditional, and prohibited land uses. Permitted uses are allowed in a district without the necessity of obtaining a zoning permit or prior planning approval, provided that the applicable requirements below are met. Conditional uses are those subject to the requirements set forth below and only if the applicant first obtains a conditional use permit in accordance with the Maysville/Mason County Land Use Management Ordinance. Small/Intermediate/Larger Scale SES will be considered an accessory use if a primary use and/or existing structure is present on the property. Accessory uses are limited to no more than 25% of the yard area.

General Requirements Applicable to the permitted uses of Integrated and Rooftop Solar Energy Systems

(a) Solar Access. Consistent with KRS 381.200(2), a property owner may obtain a solar easement from another property owner for the purpose of ensuring adequate exposure to sunlight for an Integrated or Rooftop SES. Such easements shall be recorded.

(b) Tree Removal. The removal of trees or natural vegetation for an Integrated or Rooftop SES shall be limited to the extent practicable and shall comply with all the requirements of the Maysville/Mason County Land Use Management Ordinance regarding tree removal.

(c) Height Restrictions. Height limitations shall not apply to Rooftop SESs, provided that any features extending beyond zoning district height restrictions are limited to that height necessary for their proper functioning.

(d) Lighting. Integrated and Rooftop SESs shall not be illuminated and shall be designed and installed to prevent off-site glare. SESs shall be subject to light trespass regulations.

(e) Historic Preservation. Where an integrated or rooftop SES is proposed to be installed on a property located within either historic district, the proposed installation may require a Certificate of Appropriateness issued by the Maysville/Washington Board of Architectural Review.

General Requirements Applicable to conditional use Ground Mounted SESs

(a) Solar Access. Consistent with KRS 381.200(2), a property owner may obtain a solar easement from another property owner for the purpose of ensuring adequate exposure to sunlight for a Ground Mounted SES. Such easement shall be recorded.

(b) Tree Removal. The removal of trees or natural vegetation for a Ground Mounted SES shall comply with all the requirements of the Maysville/Mason County Land Use Management Ordinance regarding tree removal and mitigation.

(c) Lighting. Lighting of a Ground Mounted SES shall be limited to the minimum necessary for safe operation, and shall be directed downward, incorporate full cutoff features, and incorporate motion sensors where feasible. Lighting shall be designed to avoid light trespass and shall be subject to light trespass regulations.

(d) Height Requirements for Ground Mounted SES. A Ground Mounted SES shall not exceed twenty (20) feet in height as measured from the highest natural grade below each solar panel without approval by the appropriate Board of Adjustment. The height restriction excludes utility poles, storage batteries, and antennas feet in height are limited to that height necessary for their proper functioning. A Ground Mounted SES may exceed twenty (20) feet in height upon a finding that the SES would be more productive, use less land, or provide other environmental, economic, or other benefits if the height limitation is increased.