The Docket · Government Meeting · DKT-2026-000425

On the agenda: Georgetown meeting — colocation (May 11)

Past ⚠ Agenda Watch Georgetown, Kentucky · Monday, May 11, 2026 — 6 months ago

About this record

The published agenda for the May 11, 2026 meeting contains: "colocation". The meeting has passed. The agenda stays here as a permanent public record.

WhenMonday, May 11, 2026
Check the agenda document for the meeting time.

WhereGeorgetown, Kentucky

Money$3 million was at stake

On the record“colocation”

The agenda — from the public record

Government public record — the text of the published document (large document; partial archive — read the original for the complete record), archived August 5, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

203 pages · scroll to read

Page 1 of 203

City Councilmembers
Sonja Wilkins Brent
Michael Crisp
Willow Hambrick
Greg Hampton

Burney Jenkins, Mayor

City Councilmembers
Kim Menke
Tammy Lusby Mitchell
Karen Tingle Sames
Todd Stone

City Council Meeting
Scott County Fiscal Court Room
101 E Main Street, Georgetown, KY 40324
Monday, May 11, 2026
6 pm
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes – April 27, 2026, City Council Meeting
4. Receipt of Check Register
5. Public Comments
6. Regional Competitiveness Plan Update – Andi Johnson, Commerce Lexington
7. Mayor’s Comments
a) Executive Order – Airport Board – Mike Nemeth
b) 2026-2027 Mayor’s Proposed Budget Presentation
8. Council Committee Reports
9. First Reading – Safety Officer Ordinance – Sponsors Kim Menke and Karen Tingle Sames
10. Second Reading – 2025-2026 Budget Amendment Ordinance – Sponsor – Greg Hampton
11. Affordable Housing and Homelessness Prevention – Resolution – Application for ES26 ESG Funds
12. Planning & Zoning/Zoning Ordinances – Overview – Proposed Zoning Ordinance Text Amendments
a) ZOTA-2025-01 (Sections 2.1 and 2.5 Reformatting and Renumbering)
b) ZOTA-2025-03 (HB 443 Reformatting)
13. Council Discussion
a) Old Business
b) New Business
14. Councilmember Comments
15. Adjourn

Page 2 of 203

Georgetown City Council Meeting
Minutes of April 27, 2026

Page 1 of 2

Georgetown City Council Meeting
April 27, 2026
6 pm
Mayor Jenkins called the Georgetown City Council meeting to order. All members were present.
After a moment of silence, Councilmember Wilkins Brent led the pledge.
1. Minutes
A motion to approve the Minutes from April 14, 2026, Special City Council Work
Session was made by Councilmember Lusby Mitchell and seconded by Councilmember
Hampton. The motion was unanimously approved.
2. Event Applications
a) Horsey 100 – May 22-24, 2026
b) Party on the Square/Party at the Pavilion – May 23 and August 22, 2026, on the
Square, June 20 and July 18, 2026, at the Downtown Pavilion
c) Best of the Bluegrass/Festival of the Horse – September 10–13, 2026
d) Home for the Holidays – December 5, 2026
e) Flannel and Frost – December 19, 2026
A motion to approve the Tourism-sponsored events a-e was made by Councilmember
Wilkins Brent and seconded by Councilmember Crisp. Event location, setup, and
closure will follow the information provided on each application.
The motion was unanimously approved.
f) Scott County Farmers Market – May 9, 2026 – September 26, 2026
A motion to approve was made by Councilmember Menke and seconded by
Councilmember Hambrick. The motion was unanimously approved.
g) Southern Knights Car Cruise-In – July 4, 2026, Main Street, and September 26, 2026,
Downtown Pavilion.
A motion to approve was made by Councilmember Wilkins Brent and seconded by
Councilmember Tingle Sames. The motion was unanimously approved.
3. Mayor’s Comments
a) Historical Marker Application – Scott County Historical Society – Glen Taul
A motion was made by Councilmember Hampton and seconded by Councilmember
Menke to rescind the letter of support. The motion was unanimously approved.
b) Update – 2026 Senate Appropriations and Revenue Request – Legacy Run
Commerce Park
[Councilmember Crisp recused himself from this discussion and possible action, if
any, following said discussion.] Mayor Jenkins shared that a state budget
appropriation for $3 million dollars was approved to support public roadway
improvements required for the proposed Legacy Run Commerce Park project. Mayor
Jenkins shared that he intends to include $500,000.00 in his proposed budget for
Fiscal Year 2026-2027 to support this project.
4. First Reading – 2025-2026 Budget Amendment Ordinance – Sponsor Greg Hampton
5. Planning & Zoning /Zoning Ordinances
The City Council discussed the formation of a larger committee with members of the
Georgetown-Scott County Planning Commission and members of the public. City
Attorney Emilee Buttrum stated that several text amendments need to be resolved, which
may address recommendations from the City Council’s Planning and Zoning Advisory

Page 3 of 203

Georgetown City Council Meeting
Minutes of April 27, 2026

Page 2 of 2

Committee. Councilmember Lusby Mitchell requested that two of the amendments be
discussed at the May 11, 2026, City Council meeting.
6. GMWSS
a) Customer Usage Update
Carissa Garland, GMWSS Communications Director, provided an informational
update on customer usage for March.
b) Sanitary Sewer Collection Department
An overview of what the department does and the dedication they show to GMWSS
c) Gibson Heating & Cooling – $11,919.00
d) Lovo Inc. – $13,490.00
e) QSI Inc. – $18,973.00
f) Meade Tractor – $25,050.19
g) Wilson Painting – $29,700.00
h) Judy Construction Inc. – $186,489.46
i) Best Equipment Co – $270,479.38
A motion to approve GMWSS items c-i was made by Councilmember Hambrick
and seconded by Councilmember Lusby Mitchell. The motion was unanimously
approved.
j) Jacobs Engineering Group Inc. – $674,695.00
A motion to approve was made by Councilmember Hampton and seconded by
Councilmember Menke. The motion was unanimously approved.
7. Finance
Municipal Order – Close Central Bank CD
A motion to approve was made by Councilmember Hampton and seconded by
Councilmember Lusby Mitchell. The motion was unanimously approved.
There being no further business, Mayor Jenkins adjourned the meeting at 9:52 pm.
APPROVED
________________________________
Burney Jenkins, Mayor
ATTESTED BY:
________________________________
Tracie Hoffman, City Clerk-Treasurer

Page 4 of 203

Georgetown, City of

Check Report by Check Number
Banks: All
Payment Method: Checks, ACH, EFT
Vendors: 10THPLAN to zWOODFEXC
Checks: All
Check Number Check Date

Vendor Code

Check Dates: 4/24/2026 to 5/31/2026
As Of Check Cashed Date: 1/1/1900 to 5/31/2026
Include Voids: No
Check Status: Cashed And Outstanding
Vendor Name

Check Type Check Status Cashed Date

84 LUMBER
911 FLEET AND FIRE EQUIP
ADECCO EMPLOYMENT SERVICES
APEX DESIGN GROUP, INC.
AT&T
AVAYA LLC
BISHOP'S SMALL ENGINE REPAIR
BOB SUMEREL TIRE CO
CINTAS CORPORATION #2
Advanced Eye Care Center PSC
A.D.A Estate Co LLC
CITY GARAGE, LLC
JESSE JAMES
SHANE BRESLIN
MEGAN ROSE
JOSH NASH
CHRISTIAN SQUIRES
CHRISTIAN SQUIRES
ELLIOTT HUTTON
DARIN ALLGOOD
JENNIFER M. JONES
COLIN TIPPS
KAYLA THOMAS
AARON MILLER
FINLEY TOWING AND RECOVERY
GALLS, LLC
GO MEDIA KENTUCKY
GT ADVANTAGE AIR
HIGHBRIDGE SPRING WATER
KENTUCKY STATE TREASURER
KENTUCKY UNIFORMS, INC.
KOI ENTERPRISES
L & W EMERGENCY EQUIPMENT
LEXINGTON COFFEE & TEA CO
NETGAIN TECHNOLOGIES INC.

Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check

Void Amount

Amount

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$57.49
$1,911.33
$1,041.60
$22,743.34
$1,085.09
$304.88
$157.89
$148.56
$116.75
$848.28
$306.12
$4,868.50
$251.00
$206.31
$237.00
$251.00
$95.00
$95.00
$251.00
$222.00
$237.00
$110.00
$237.00
$76.00
$200.00
$339.07
$300.00
$1,027.75
$23.75
$376.00
$236.50
$234.74
$5,265.00
$252.00
$1,243.56

Bank: 1C - CENTRAL BANK & TRUST
0000121935
0000121936
0000121937
0000121938
0000121939
0000121940
0000121941
0000121942
0000121943
0000121944
0000121945
0000121946
0000121947
0000121948
0000121949
0000121950
0000121951
0000121952
0000121953
0000121954
0000121955
0000121956
0000121957
0000121958
0000121959
0000121960
0000121961
0000121962
0000121963
0000121964
0000121965
0000121966
0000121967
0000121968
0000121969
5/7/2026 2:04 PM

04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026

84LUMBER
911FLEET
ADECCOE
APEX
ATTKY
AVAYALLC
BISHOP
BOBSUMEREL
CINTASCO
CLERK
CLERK
CITYGARAGE
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
EMPLOYEEREIMB
FINLEYTOW
GALLS
GOMEDIA
GTADVANTAGE
HIGHBRID
KYLAWENF
KYUNIFOR
KYMOTORS
LWEMERGE
LEXCOFFE
NETGAINT

Page 1 of 3

Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding

V.4.6

Page 5 of 203

As Of Check Cashed Date: 1/1/1900 to 5/31/2026
Vendor Name
Check Type Check Status Cashed Date

Check Number Check Date

Vendor Code

0000121970
0000121971
0000121972
0000121973
0000121974
0000121975
0000121976
0000121977
0000121978
0000121979
0000121980
0000121981
0000121982
0000121983
0000121984
0000121985
0000121986
0000121987
0000121988
0000121989
0000121990
0000121991
0000121992
0000121993
0000121994
0000121995
0000121996
0000121997
0000121998
0000121999
0000122000
0000122001
0000122002
0000122003
0000122004
0000122005
0000122006
0000122007
0000122008
0000122009
0000122010
0000122011
0000122012
0000122013
0000122014
0000122015

OFFICEPRIDE
OFFICE PRIDE
Check
PROCHEM
PRO CHEM INC
Check
PUBLICSAFE
PUBLIC SAFETY STORE, LLC
Check
PURCHASE
PURCHASE POWER
Check
QUILL
QUILL
Check
RAYCANNON
RAY CANNON PAINTING
Check
RUMPKEOFOHIO RUMPKE OF KENTUCKY, INC
Check
SSTIRELE
S & S TRUCK TIRE CENTER
Check
SHARPSTO
SHARPS TOWING
Check
SIMPLIVERIFIED
SIMPLIVERIFIED, LLC
Check
SRMCONC
SRM CONCRETE, LLC
Check
STRINGFE
STRINGFELLOW, INC
Check
SUNBADGE
SUN BADGE COMPANY
Check
TERMINIX
TERMINIX PROCESSING CTR.
Check
TERMINIX
TERMINIX PROCESSING CTR.
Check
TERMINIX
TERMINIX PROCESSING CTR.
Check
UPS
UPS
Check
UPS
UPS
Check
TRACTORS
TRACTOR SUPPLY COMPANY
Check
VISA
WHITAKER BANK-VISA
Check
YOUNGERI
YOUNGER INC.
Check
ZSHCREATIVE
ZSHCREATIVE LLC
Check
911FLEET
911 FLEET AND FIRE EQUIP
Check
ADTSECUR
ADT SECURITY SERVICES
Check
AMERICANFIDELIT AMERICAN FIDELITY ASSURANCE COMP Check
AMKSERVICES
AMK SERVICES, LLC
Check
ARAG
ARAG NORTH AMERICA, INC.
Check
ATLANTICE
ATLANTIC EMERGENCY SOLUTIONS, INC Check
BISHOP
BISHOP'S SMALL ENGINE REPAIR
Check
BOBSUMEREL
BOB SUMEREL TIRE CO
Check
CINTASCO
CINTAS CORPORATION #2
Check
CLERK
Robert & Navona Mitchell
Check
DYNAMICAIR
DYNAMIC AIR SOLUTIONS
Check
EMPLOYEEREIMB Scott Ruber
Check
EMPLOYEEREIMB Jenna Crittendon
Check
EMPLOYEEREIMB Gabe Nichols
Check
FINLEYTOW
FINLEY TOWING AND RECOVERY
Check
FOPLEGAL
FOP LEGAL DEFENSE FUND
Check
GALLS
GALLS, LLC
Check
GTFIRECANCER
GT FIRE DEPARTMENT CANCER FOUND Check
GTPROFIR
GT PRO FIREFIGHTERS LOCAL 3681
Check
HIGHBRID
HIGHBRIDGE SPRING WATER
Check
SIMPLEX
Johnson Controls
Check
KCTCS
KCTCS-FIRE COMMISSION
Check
KYUNIFOR
KENTUCKY UNIFORMS, INC.
Check
KKAUTODE
KK AUTO DETAILING
Check

5/7/2026 2:04 PM

04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
04/24/2026
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05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
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05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026

Page 2 of 3

Void Amount

Amount

$1,989.00
$289.98
$825.00
$68.90
$773.37
$2,800.00
$1,041.34
$685.64
$120.00
$171.00
$3,688.00
$451.26
$225.75
$86.75
$86.75
$55.00
$21.15
$3.98
$456.10
$20,117.13
$1,436.00
$600.00
$186.53
$193.46
$384.26
$13,117.70
$1,050.00
$34.80
$39.98
$800.52
$295.80
$59.19
$3,555.73
$71.00
$204.00
$71.00
$300.00
$1,686.74
$2,028.55
$460.00
$990.00
$103.50
$410.00
$100.00
$125.70
$238.00
V.4.6

Page 6 of 203

Check Number Check Date

Vendor Code

As Of Check Cashed Date: 1/1/1900 to 5/31/2026
Vendor Name
Check Type Check Status Cashed Date

0000122016
0000122017
0000122018
0000122019
0000122020
0000122021
0000122022
0000122023
0000122024
0000122025
0000122026
0000122027
0000122028
0000122029
0000122030
0000122031

KYMOTORS
COPS
LEXCOFFE
MASA
PAVILION
PHILLYSTOW
PUBLICSAFE
QUILL
RUMPKEOFOHIO
SCFISCAL
STERICYCLE
SUPPORTI
TEXASLIFE
TWOBROS
ARAMARKU
VOGELPOH

KOI ENTERPRISES
Check
KY CHAPTER OF CONCERNS OF POLICE Check
LEXINGTON COFFEE & TEA CO
Check
MEDICAL AIR SERVICES ASSOCIATION, I Check
PAVILION
Check
PHILLY'S TOWING & RECOVERY LLC
Check
PUBLIC SAFETY STORE, LLC
Check
QUILL
Check
RUMPKE OF KENTUCKY, INC
Check
SCOTT COUNTY FISCAL COURT
Check
SHRED IT
Check
SUPPORTING HEROS
Check
TEXAS LIFE INSURANCE CO
Check
TWO BROTHERS
Check
VESTIS SERVICES, LLC
Check
VOGELPOHL FIRE EQUIPMENT
Check

Void Amount

Amount

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$291.47
$8.00
$82.00
$1,176.00
$173.00
$250.00
$21.00
$170.75
$364.57
$2,901.75
$52.50
$199.24
$1,037.73
$690.00
$214.50
$11,800.00

1C - CENTRAL BANK & TRUST Total:

$0.00

$127,287.58

Grand Total:

$0.00

$127,287.58

5/7/2026 2:04 PM

05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026
05/01/2026

Page 3 of 3

Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding
Outstanding

V.4.6

Page 7 of 203

Regional
Competitiveness
Plan
Key Deliverables Update:
City of Georgetown
05.11.26

Page 8 of 203

Measurable
Goals
1. Increase regional jobs, wages & GDP
growth rates to the national average.
2. Increase the regional labor force including
the attraction and retention of young
professionals
3. Attract local, state and federal funding and
advocate for policy improvements to
support the plan.

Page 9 of 203

1. Create a regional brand identity

7 Action
Items
Determined
by Regional
Leaders

2. Increase investment in site selector awareness and
support multi-jurisdictional product development
strategy
3. Provide economic development education to key leaders
4. Develop a regional talent recruitment/attraction
marketing campaign
5. Develop strategy to connect businesses with students
6. Coordinate advocacy for federal and state infrastructure,
product development, talent marketing funding
7. Advocate for improved polices related to key
competitiveness issues

Page 10 of 203

Execution Tactics
Talent & Workforce
Economic Development
Policy Advocacy

Page 11 of 203

Talent &
Workforce
2026 Key Deliverables
• Maintain and elevate talent attraction website
• Phase II of the digital marketing campaign
• Continue awareness to targeted alumni and
tourists
• Introduce tailored messages to our most
engaged audiences, moving them down the
marketing funnel (Fall giveaway, surveys,
email marketing)

Page 12 of 203

Talent &
Workforce
2026 Key Deliverables
• Continue engagement with regional tourism,
economic development, HR and business partners
to develop and share talent/QOL resources
• Host events with higher education and business
leaders (Synergy Series) to improve retention
collaboration
• Promote business and worker engagement with
Handshake and Indeed platforms

Page 13 of 203

Talent &
Workforce
Key Performance
Indicators
• October 2024-December 2025
• 7.8 Million Unique Reach
• 20 Million Impressions
• 82,000 New Users to Talent Website
• Top pages visited: LIVE HERE, WORK HERE,
FIND A JOB, COST OF LIVING

Page 14 of 203

Economic
Development
2026 Deliverables
• Maintain and enhance regional job
attraction website
• Continue elevated engagement with
national site selectors and industry targets
• Host economic development events with
key regional leaders
• Continue regional marketing strategy to
increase visibility of key sectors and assets

Page 15 of 203

Economic Development
Targeted Digital Marketing

• Overall Campaign Impressions: 39,641,742
• Executive Digital Display: 1,306,228 Impressions
• Video: 1,143,436 Impressions
• Paid Social (LinkedIn): 37,177,202 impressions
• Connected TV: 118,542

Page 16 of 203

Economic Development
Key Sector Video Series
the Nine
• Advanced Manufacturing
Toyota + BCTC
• Biotech
Kindeva, Piramal + Bio Consultant
• Business & Professional Services
Valvoline
• Food & Beverage Processing
Bourbon: Shoot & edit Q2 2026

Page 17 of 203

Policy Advocacy
Key Deliverables
• Engage in state and federal advocacy in
support key infrastructure projects and
policies to improve the business climate
• Continue to expand advocacy connections
with regional stakeholders and state and
federal officials
• Greater LEX Day at the Capitol
• Washington D.C. Fly-In
• Annual Regional Summit

Page 18 of 203

Policy Advocacy
2026 Regular Session
FY26-28 Investments
•
•
•
•
•

$340M in Road Projects for the region
$50M KY Product Development Initiative
$30M Bluegrass Airport Terminal Expansion
$20M Central KY Business Park Authority
$5M KY Talent Attraction Grant Program

Page 19 of 203

Lexington MSA Average Housing Values

$350,000
$300,000
$250,000
$200,000
$150,000

$312,786

Between 2014 and 2025
average value grew 99%
54% over the past 5 years
$203,661

$123,765

2019

$157,021

Between 2000 and 2014
average value grew 27%

$100,000

Aug
2025

2014

$50,000

Source: Zillow Research

2025

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

2004

2003

2002

2001

2000

Page 20 of 203

Greater Lex Inc.
Funding Breakdown
Estimated Fiscal Year 2026-2027
City of Lexington

$322,000

Regional Governments

$312,000

Total

$634,000

Page 21 of 203

Greater Lex Inc.
Funding Breakdown
Estimated Fiscal Year 2026-2027
City of Lexington

$322,000

Regional Governments

$312,000

Total

$634,000

Regional Commitments:
• LFUCG
of Berea
• City
Fiscal Court
• Madison
• City of Richmond
County Fiscal Court
• Scott
County United
• Scott
of Georgetown
• City
of Versailles
• City
of Midway
• City
County Fiscal Court
• Woodford
Fiscal Court
• Bourbon
of Nicholasville
• City
of Frankfort
• City
County Fiscal Court
• Jessamine
County Fiscal Court
• Franklin
County Fiscal Court
• Clark
• Winchester Clark County Industrial Authority

Page 22 of 203

Key Performance
Indicators Report
1. Regional economic performance is
improving.
2. Strong job growth across key industry
sectors where marketing resources are
focused.
3. Workforce growth across all nine counties.
4. Quality of life remains a competitive
advantage.
5. Significant progress on job-ready sites.

Page 23 of 203

We are better together.

Page 24 of 203

EXECUTIVE ORDER
NO. 2026 - ___
May 11, 2026
Georgetown/Scott County Regional Airport Board
Effective immediately, Mike Nemeth is appointed, by the Mayor of the City of Georgetown, to the
Georgetown/Scott County Regional Airport Board to fill the unexpired term of Kyle Kepley, which shall
expire on December 31, 2028. This shall not qualify as a full term. This is a joint appointment with the
Scott County Judge/Executive.
Signed on this the 11th day of May 2026.
________________________________
Burney Jenkins, Mayor

Page 25 of 203

CITY OF GEORGETOWN, KENTUCKY
ORDINANCE NO. 2026 - ___
AN ORDINANCE SETTING FORTH THE DUTIES OF THE POSITION OF
SAFETY OFFICER WITHIN THE GEORGETOWN POLICE DEPARTMENT.
SUMMARY
1. Establishes the qualifications, supervision, duties, and limitations of the position of safety
officer within the Georgetown Police Department in accordance with KRS 83A.088. This
ordinance sets out in particular the city ordinances and the sections of KRS Chapters 186
and 189 for which citation authority will exist for safety officers.
2. Provides for severability of provisions and an effective date upon passage and publication.
The full text of Ordinance 2026 - ____ is available for examination in the City Clerk’s Office,
629 North Broadway Street, Georgetown, Kentucky 40324 or at www.georgetownky.gov.
INTRODUCED AND PUBLICLY READ FIRST TIME:

______________________

PUBLICLY READ SECOND TIME AND PASSED:

______________________

APPROVED:
ATTEST:

Burney Jenkins, Mayor
Tracie Hoffman, City Clerk

I, Emilee Buttrum, hereby certify I am an Attorney licensed to practice law in the Commonwealth
of Kentucky. My office is located at 117 N. Water Street, Georgetown, Kentucky 40324. I further
certify the foregoing Summary of Ordinance 2026 - ____, of the City of Georgetown, Kentucky,
was prepared in accordance with the requirements of KRS 83A.060(9) and is a true and accurate
summary of the contents of said Ordinance.
Emilee Buttrum, Esq.

Page 26 of 203

CITY OF GEORGETOWN, KENTUCKY
ORDINANCE NO. 2026 - ___
AN ORDINANCE SETTING FORTH THE DUTIES OF THE POSITION OF
SAFETY OFFICER WITHIN THE GEORGETOWN POLICE DEPARTMENT.
Sponsors: Kim Menke and Karen Tingle Sames
WHEREAS, pursuant to KRS 83A.088, the legislative body of any city may authorize the
employment of safety officers; and
WHEREAS, the Georgetown City Council, via Georgetown Ordinance No. 2026-03, authorized
the employment of two safety officer positions within the Georgetown Police Department; and
WHEREAS, the Georgetown City Council now wishes to prescribe the duties of safety officers
in accordance with state law.
NOW, THEREFORE, be it ordained by the City of Georgetown, Kentucky:
SECTION ONE
A new section of the Code of Ordinances, City of Georgetown, Kentucky, entitled “Safety officers;
qualifications, supervision, duties, and limitations” is hereby created as follows:
Sec. ___. Safety officers; qualifications, supervision, duties, and limitations.
(a) A safety officer appointed by authority of KRS 83A.088 shall be a non-sworn position not
eligible for participation in the hazardous duty retirement program. The minimum requirements,
skills, and abilities of a safety officer employed by the city, through the Georgetown Police
Department, shall be as set forth in the city’s safety officer position description, as the same may
be amended from time to time. Safety officers shall be at least eighteen (18) years of age. Safety
officers shall successfully complete at least one hundred twenty (120) hours of appropriate training
certified by the Kentucky Law Enforcement Council prior to being appointed.
(b) The duties of a safety officer shall be the following:
(1) Issue citations for violations of the following motor vehicle offenses: KRS 186.020,
186.030, 186.040, 186.0425, 186.050, 186.053, 186.056, 186.060, 186.061, 186.070, 186.150,
186.160, 186.170, 186.180, 186.190, 186.210, 186.230, 186.410, 186.412, 186.435, 186.510,
186.540, 186.570, 186.610, 186.620(1), 186.655 through 186.680, 186.660, non-moving
violations of KRS 186.990 only, 189.045, 189.450, 189.459, 189.570 as it relates to pedestrians,
189.580(2), 189.636, 189.456(5), 189.751, 189.753, and 304 KAR 39:110, provided that, except
as set out in subsection (b)(3) of this section, a safety officer shall not have the authority to issue
citations for moving violations.

Page 1 of 3

Page 27 of 203

(2) Issue citations for violations of the following sections of the Code: 28-2, 38-3, 38-6,
38-7, 38-42, 38-101, 38-104, 38-109, 38-113, 38-116, 38-122, 38-151, 38-158, and 38-204.
(3) Investigate and report on vehicle collisions, where a fatality is not involved, as
provided for in KRS 189.630. Additionally, while in the process of securing information to
complete collision reports and notwithstanding any statute to the contrary, safety officers may
issue citations for violations of KRS 186.430, 186.450, 186.510, and 186.540.
(4) Control and direction of traffic on public thoroughfares.
(5) Removal of vehicles in violation of state or local law consistent with such laws.
(6) Monitor parking areas and issue parking tickets to illegally parked vehicles.
(7) Assist in emergency areas and at disaster scenes.
(8) Escort funeral processions.
(9) Assist at special events, controlling traffic and providing citizens’ assistance.
(10) Issue citations to motor vehicles illegally parked in designated fire lanes pursuant to
KRS 227.320.
(11) Issue citations for a misdemeanor or a violation committed in their presence as
provided for in this section. The procedure for such citations shall be as provided in KRS 431.015.
(12) Perform such other duties as may be assigned by the Chief of Police or his or her
designee and are not in conflict with the provisions of KRS 83A.088.
(c) Safety officers appointed by authority of KRS 83A.088 shall have only the limited powers as
provided by this section and shall not have the powers of peace officers to make arrests or carry
deadly weapons.
SECTION TWO
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is
declared illegal, unconstitutional, and/or otherwise invalid, such declaration shall not affect the
remaining portions hereof.
SECTION THREE
This Ordinance shall take effect upon its passage and publication according to law.

Page 2 of 3

Page 28 of 203

PUBLICLY INTRODUCED AND READ FIRST TIME:

___________________

PUBLICLY READ SECOND TIME AND PASSED:

___________________

APPROVED:

____________________________________
Burney Jenkins, Mayor

ATTEST:

__________________________________
Tracie Hoffman, City Clerk

Page 3 of 3

Page 29 of 203

ORDINANCE NO 2026 -_____
AN ORDINANCE AMENDING THE ANNUAL BUDGET ORDINANCE FOR FISCAL
YEAR JULY 1, 2025, THROUGH JUNE 30, 2026
SUMMARY
GENERAL FUND
Prior Year Revenues are increased by $1,279,496.56. Intergovernmental Revenues are
increased by $32,500.00. General Government expenses are increased by $5,400.00.
Information Technology expenses are increased by $21,515.56. Fire expenses are
increased by $1,232,500.00. Public Works expenses are increased by $50,607.00.
Transfers to Other Funds are increased by $1,974.00.
ENVIRONMENTAL SERVICES FUND
Transfers from Other Funds are decreased by $19,776.00. Storm Water expenses are
decreased by $19,776.00.
CAPITAL PROJECTS FUND
Transfers from Other Funds are increased by $21,750.00. Capital expenses are
increased by $21,750.00.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
This ordinance shall take effect after its passage and publication according to law.
The full text of Ordinance 2026 -_____ is available for examination in the City Clerk’s
Office, 629 N. Broadway, Georgetown, Kentucky 40324 or at www.georgetownky.gov.
PUBLICLY INTRODUCED AND READ FIRST TIME:

April 27, 2026

PUBLICLY READ SECOND TIME AND PASSED:

___________

APPROVED:

___________________________________
Burney Jenkins, Mayor

ATTEST:

___________________________________
Tracie Hoffman, City Clerk

Page 30 of 203

I, Emilee Buttrum, hereby certify I am an Attorney licensed to practice law in the
Commonwealth of Kentucky. My office is located at 117 N. Water St., Georgetown,
Kentucky 40324. I further certify the foregoing Summary of Ordinance 2026 -_____, of
the City of Georgetown, Kentucky, was prepared in accordance with the requirements of
KRS 83A.060(9), and is a true and accurate summary of the contents of said Ordinance.
______________________________
Emilee Buttrum, City Attorney

Page 31 of 203

CITY OF GEORGETOWN, KENTUCKY
RESOLUTION 2026 -____
A RESOLUTION OF THE CITY OF GEORGETOWN APPLYING FOR KENTUCKY
HOUSING CORPORATION EMERGENCY SOLUTIONS GRANT FUNDS (ES26) AND
AUTHORIZING THE MAYOR TO SIGN ALL RELEVANT DOCUMENTS.
WHEREAS, the Georgetown City Council and Scott County Fiscal Court, through creation of the
Office of Affordable Housing and Homelessness Prevention, have expressed their desire to prevent
homelessness and pursue affordable housing solutions and infrastructure within our community;
and
WHEREAS, pursuant to Municipal Order No. 2026-15, the City accepted Emergency Solutions
Grant Program funding, through the Kentucky Housing Corporation (KHC), for grant activity
during the grant period of July 1, 2025, through December 31, 2026 (ES25), in the amount of
$99,068.00 to support two critical projects: 1) “Rapid Re-housing” and 2) “Emergency Shelter”;
and
WHEREAS, KHC is accepting applications for ES26 funds through Friday, May 15, 2026; and
WHEREAS, the City has the opportunity to apply for and receive up to $99,068.00 for grant
activity during the ES26 grant period of July 1, 2026 through December 31, 2027; and
WHEREAS, subject to and contingent upon approval by the Scott County Fiscal Court, the local
cash and in-kind match shall be provided in accordance with Exhibit A, which is attached hereto
and incorporated by reference herein; and
WHEREAS, in the event ES26 funds are awarded, the City’s matching funds for the two projects
listed above shall be subject to the authorization of the Georgetown City Council; overall project
scope shall not significantly change without City Council approval.
NOW, THEREFORE, be it resolved by the City of Georgetown that:
The City of Georgetown is hereby authorized to apply for the Emergency Solutions Grant (ES26)
in the amount of $99,068.00 in federal funding, provided that the matching funds included in the
attached document are approved by the City Council, pursuant to Municipal Order 14-006. City
Council approval shall be required before the acceptance of funds.
The Mayor of the City is hereby authorized and directed to sign any and all necessary documents
on behalf of the City of Georgetown, and the Georgetown City Clerk is hereby authorized and
directed to certify thereto.
This RESOLUTION was approved by vote of the City Council, City of Georgetown on the 11th
day of May, 2026.

Page 1 of 2

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CITY COUNCIL OF GEORGETOWN
____________________________________
By: Burney Jenkins, Mayor
ATTESTED BY:
_______________________________
Tracie Hoffman, City Clerk/Treasurer

Page 2 of 2

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Exhibit A
Rapid Rehousing Program

Emergency Shelter Program

Federal

$68,091

$30,977

Local Cash Match (GPM)

$18,050

Local In-Kind Match (GPM) See below*

See below*

Local Cash Match (City)

$41,750

$9,000 **

Local Cash Match (County) $41,750

$9,000**

*In-Kind Match will include costs of maintenance, rent, security, fuel, equipment,
insurance, utilities, furnishings, and other supplies necessary for operation.
**Through FY 2027 EMA budget.

Page 34 of 203

Overview – Proposed Zoning Ordinance Text Amendments
Prepared for Information Only -- Not part of a First Reading or Public Hearing

ZOTA-2025-01: Sections 2.1 Deﬁnitions and 2.5
Speciﬁc Use Regulations
01. The ZOTA Sections 2.1 and 2.5 are text amendments to Section 2.1 Deﬁnitions and 2.5
Speciﬁc Use Regulations.
a. Changes to Section 2.1 include the consolidation of deﬁnitions to one location and
renumbering items.
b. Changes to Section 2.5 include the relocating and renumbering of existing sections
items to facilitate recent use regulations and allow for expansion as needed.

ZOTA-2025-03: HB443 Zoning Ordinance
01. ZOTA 2025-03 is a document of the text amendments to Georgetown-Scott County
Zoning Ordinance related to HB443 Requirements (now codiﬁed as KRS 100.275).
a. Changes to the ordinance include a comprehensive review of the language and
format of the document for compliance with HB443, state legislature passed in the
2024 Regular Session regarding the administration of land use regulations (now
codiﬁed as KRS 100.275). In addition to the language review pursuant to KRS
100.275, the amendment also includes:
i.

Changes to 2.1 include the consolidation of deﬁnitions to one location and the
renumbering of items accordingly.

ii.

Changes to the entire document include the relocating and renumbering of
existing sections items to facilitate recent use regulations and allow for
expansion as needed.

Zoning Ordinance Text Amendments page 1

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Overview – Proposed Zoning Ordinance Text Amendments
Prepared for Information Only -- Not part of a First Reading or Public Hearing

ZOTA-2025-01 Text:
ARTICLE II
2.1

DEFINITIONS

For the purpose of this document, certain words and terms used in these
Regulations are deﬁned in this Article. In this document, words used in the present
tense include the future, the singular includes the plural and the plural includes the
singular, the word "shall" is a mandatory requirement, the word "may" is permissive,
the word "structure" includes the word "building"; and the word "person" includes a
ﬁrm, association, organization, partnership, trust, company, or cooperation as well
as an individual. Any words or phrases not deﬁned shall be given their ordinary
meaning and usage.
1.

ACCESS: The right to cross between public and private property, allowing
pedestrians and vehicles to enter and leave property.

ACCESSORY STRUCTURE OR USE: Any structure or use, other than the
principal structure or use, directly incidental to or required for the enjoyment of
the permitted use of any premises; also as speciﬁcally designated under the
zoning district regulations of the Zoning Ordinance. Accessory structures shall
not be a part of the principal house or building, nor give the appearance of being
attached or an extension of the principal structure.

ADULT USES include, but are not limited to, all of the following uses:
a. Adult Bookstore/Video Store: an establishment whose primary
business includes the sale or rent of materials (including books,
periodicals, magazines, ﬁlms, videotapes, CD-ROMs, DVDs, audio tapes, or
other printed or pictorial material) whether for on premise or o -premise
viewing, that are intended to provide sexual stimulation or gratiﬁcation, or
characterized by their emphasis on matter depicting, describing, or
relating to speciﬁed sexual activities or speciﬁed anatomical areas (see
deﬁnition below); and who devotes more than 15 percent of their total
ﬂoor area to the items listed above.
b. Adult Theater: an establishment, whether open or enclosed, used for
presenting material, for viewing, that is distinguished or characterized by
an emphasis on matter depicting, describing, or relating to speciﬁed

Zoning Ordinance Text Amendments page 2

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sexual activities or speciﬁed anatomical areas. This deﬁnition includes
adult arcade, adult mini-motion picture theater, adult booth(s), and adult
drive-in theaters.
c. Adult Booth: a small enclosed or partitioned area inside an adult oriented
establishment which is: (1) designed or used for the viewing of adult
material by one (1) or more persons and, (2) is accessible to any person,
regardless of whether a fee is charged for access. The term “Adult Booth”
includes, but is not limited to, a “peep show” booth, or other booth used to
view adult material (including, but not limited to, videotapes, audiotapes,
ﬁlms, CD-ROMs, DVDs).
d. Adult Dancing: shall mean and include, but not limited to any dancing
which exposes to view by patrons or spectators on the premises at any
time the speciﬁed anatomical areas and/or speciﬁed sexual activities, as
set forth herein.
e. Adult Dancing Establishments: an establishment, including but not
limited to any restaurant (eating and drinking establishment), lounge,
dance hall, night club or other such place whose business includes the
o ering to customers of live entertainment wherein employees, agents,
servants, or independent contractors perform dance routines and/or
display or expose speciﬁed anatomical areas, o ered as adult oriented
entertainment for viewing by patrons and spectators on the premises and
characterized by the emphasis on matter depicting, describing, or relating
to speciﬁed sexual activities or speciﬁed anatomical areas.
f.

Adult Cabaret: see “Adult Dancing Establishments”

g. Adult Motel: a motel or similar establishment with the word “adult” or
otherwise that advertises the presentation of adult material, o ering
public accommodations for any form of considerations which provides
patrons with closed circuit television transmissions, ﬁlms, motion
pictures, video cassettes, slides or other photographic reproductions for
the primary purpose of or engaging in sexual gratiﬁcation or as related to
speciﬁed sexual activities.
h. Sexual Encounter Center: an establishment whose primary business is
the provision on premises where customers either congregate, associate,
or consort with employees, agents, servants, or independent contractors;
who engage in speciﬁed sexual activities with or in the presence of such
customers, or who display speciﬁed anatomical areas in the presence of

Zoning Ordinance Text Amendments page 3

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such customers, with the intent of providing sexual stimulation or sexual
gratiﬁcation appealing to adult sexual interests. These include, but are
not limited to a bath house, swingers club, or similar establishment;
includes those establishments that o er for any form of consideration: (1)
physical contact in the form of wrestling or tumbling between persons of
the same or opposite sex; (2) activities between male and female persons
and/or of the same sex when one or more persons is in the state of full or
partial nudity as deﬁned by speciﬁed anatomical areas or where the
activities are characterized by an emphasis on speciﬁed sexual activities.
i.

Massage Parlor: an establishment providing massages, for hire, by
persons other than a licensed health care professional, including those
activities that rub, stroke, knead, or tap the body with the hand or an
instrument or both for the purpose of or engaging in sexual gratiﬁcation
or as related to speciﬁed sexual activities. This deﬁnition also includes
those activities listed within “Sexual Encounter Center”. This does not
include any licensed or sanctioned athletic activity that generally employs
or use the services of a physical trainer and/or those listed in the
deﬁnition of Licensed Massage Therapist.

ADULT USES, PROTECTED: Any use or area identiﬁed herein that may be
inﬂuenced by or are susceptible to the secondary e ects of adult oriented uses
including; any residentially zoned area, any area platted or developed for cluster
residential development, any area containing three (3) or more residential and
rural residential lots as shown on an approved and recorded plat, public or
private school, college or university, church or other place of worship, library,
type I day care facility, public park or playground.

ADULT USE, SPECIFIED ANATOMICAL AREAS: (1) less than completely and
opaquely covered human genitals or pubic region; the cleavage of the human
buttock; any portion of the human female breast below a horizontal line across
the top of the areola at its highest point, the entire lower portion of the female
breast, not including cleavage of the human female breast exhibited by a dress,
blouse, shirt, leotard, bathing suit, or other wearing apparel provided that the
areola is not exposed in whole or in part. (2) human male genitals in a discernible
turgid state, even if completely and opaquely covered.

Zoning Ordinance Text Amendments page 4

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touching of human genitals, pubic region or pubic hair, buttock or female
breast(s); acts of human analingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, ﬂagellation, masochism, necrophilia, pederasty, pedophilia,
sadism, sadomasochism; excretory functions as part of or in connection with any
of the activities listed herein.
7.

AGED PERSON(S): persons who are 62 years of age or older.

AGRICULTURAL USES: Agricultural use means the use of a tract of at least ﬁve
(5) contiguous acres for the production of agricultural or horticultural crops;
including but not limited to livestock, livestock products, poultry, poultry
products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits,
vegetables, ﬂowers or ornamental plants, including provisions for dwellings for
persons and their families who are engaged in the above agricultural use on the
tract. (Section. Amended 07/22/1992, City of Georgetown Ord. 92-021 &
07/27/1992 Scott County Ord. 92-006).
a. Agricultural Use, Recreational: An outdoor recreational use, i.e. ﬁshing,
boating, hunting, riding, etc., involving a tract of real estate in excess of
250 acres which incorporates part-time residential use, e.g. hunting or
ﬁshing lodges which are not primary dwellings for the occupants. This
also includes lots of 20 acres or larger to be developed as an RV
Campground (as deﬁned in this ordinance). (Section Amended
10/26/2023, Scott County Ord. 23-10, In e ect in County only.)
b. Agricultural Use, Residential: Agricultural residential use means
residential use in an A-1 zone, the density of which shall not exceed one
dwelling unit per ﬁve contiguous acres held under common title and
residential cluster development into A-1 zone, the density of which shall
not exceed one dwelling unit per ﬁve acres.

ALLEY: A public or private way permanently reserved as a secondary means of
access to abutting property.

10.

ALTERATION: Any change or addition to the supporting members of foundation
of a structure that would change the outward dimensions or appearance.

11.

ANIMAL HOSPITAL & CLINIC: A medical facility that provides for the
examination, care, and treatment of animals that does not include boarding of
animals except for those requiring emergency or medical treatment.

12.

ANTENNAS OR RELATED EQUIPMENT, FOR TELECOMMUNICATION TOWERS:
Any transmitting, receiving or other equipment used in conjunction with a

Zoning Ordinance Text Amendments page 5

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Wireless Communications Facility. The term includes Utility or Transmission
Equipment, antennas, radios, power supplies, generators, batteries, cables,
equipment buildings, cabinets and storage sheds, shelters, or similar equipment.
This deﬁnition does not include Cellular Antenna Towers.
13.

APARTMENT: A room or suite of rooms, with toilet and culinary
accommodations, used or designed for use as a residence by a family located in
a building containing two or more such rooms or suites or located in a building
devoted primarily to nonresidential use.

14.

APPLICANT: Any person seeking approval under these regulations for a
subdivision or development.
APPLICANT: A person or entity who is authorized by the provisions of these
regulations to ﬁle an Application for approval under these regulations.

15.

APPLICATION: An Application is the completed form or forms and all
accompanying documents, exhibits, and fees required of an Applicant by Sta or
the Planning Commission as part of a submission for review.

16.

AQUIFER: A geologic formation, group of formations, or part of a formation
capable of yielding, storing, or transmitting a usable amount of groundwater to
wells or springs for domestic or animal use.

17.

AQUIFER RECHARGE AREA: An area in which the principal movement of water is
the downward seepage of surface waters into ground water by: (1) the inﬁltration
of water from the surface into the soil or other rock materials that lie directly
below the surface; (2) the downward movement of water through the materials
that comprise the zone of aeration; and (3) the delivery of water into the zone of
saturation where it becomes groundwater.

18.

AS-BUILT PLANS: Engineering plans of public facilities prepared after
construction by the developer and certiﬁed by an engineer, to show the exact
location and dimensions of the system as it has actually been installed.

19.

ASSISTED LIVING FACILITY: a building, establishment, complex, or distinct part
thereof which accepts primarily aged persons for domiciliary care, not nursing or
medical care; provides on site to its residents private lockable residential spaces
as deﬁned by 905 Kentucky Administrative Regulations (KAR) 5:080, KRS
Chapter 13B and Executive Order 96-862, Certiﬁcation of Assisted Living
Residences (Voluntary); provides on site to its residents in addition to the
residential unit, meal service in a community dining facility and non-medical

Zoning Ordinance Text Amendments page 6

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personal care services appropriate to the residents’ respective needs; other than
supervision of self-medication, medical services are not a service provided by
the facility. The facility may provide space for an unrelated Home Health Service
or a Medical Doctor’s O ce for ease of access to those services by the residents.
provides linkages with hospitals, community services, and makes transportation
available; and provides timely assistance to residents for response to urgent or
emergency needs.
20.

BASE STATION, FOR TELECOMMUNICATION TOWERS: A structure or equipment
at a ﬁxed location that enables Federal Communications Commission-licensed or
authorized wireless communication between user equipment and a
communication network. The term does not include Cellular Antenna Tower as
deﬁned in this section or any equipment associated with wireless
communications services such as private, broadcast, and public safety services,
as well as unlicensed wireless services and ﬁxed wireless services such as
microwave backhaul.
a. The term includes, but is not limited to, radio transceivers, antennas,
coaxial or ﬁber-optic cable, regular and backup power supplies, and
comparable equipment regardless of technological conﬁguration
(including Small Wireless Facilities).
b. The term includes any structure other than a Cellular Antenna Tower that,
at the time the required Application is ﬁled with the Planning Commission
under this subsection, supports or houses equipment described in subparagraph (A) of this deﬁnition that has been reviewed and approved
under the applicable zoning or siting process even if the structure was
not built for the sole or primary purpose of providing such support.
c. The term does not include any structure that, at the time the required
Application is ﬁled with the Planning Commission under this deﬁnition,
does not support or house equipment described in this deﬁnition.

21.

BED AND BREAKFAST: An existing house, or portion thereof, where short-term
sleeping rooms [not exceeding ﬁve (5) in number] and limited provision for meals
are o ered. The use of the property for a Bed and Breakfast shall be incidental to
the residential use of the property. This residential use requirement may be
satisﬁed by either a resident owner or manager. These short-term lodgings may
not exceed ﬁfteen (15) days. A Bed and Breakfast is distinguished from sleeping
rooms as they are deﬁned in paragraph 2.1 Deﬁnitions and permitted in Section
4.36 or conditionally permitted in Section 4.37 by the limited o ering of the

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meals in the kitchen and dining room serving all guests and the targeting of the
tourism market. As in the sleeping room, no food preparation shall be allowed in
the bedrooms. (Section Added 05/02/1991).
22.

BIKEWAY: A way or portion of a way intended and designated primarily for
bicycle tra c.

23.

BLOCK: A unit of land bounded by streets or by a combination of streets and
public land, railroad rights-of-way, waterways or any other barrier to the
continuity to development. The length of a block shall be the greatest distance
between right-of-way lines on opposite sides of the block.

24.

BUILDING: A structure having a roof supported by columns or walls for shelter,
support, or enclosure of persons, animals, or chattels. When separated by
division walls from the ground up without openings, each portion of such
structure shall be deemed a separate building.

25.

BUILDING LINE: A line parallel to a street right-of-way line, edge of a stream, or
other property line established on a parcel of land or lot for the purpose of
prohibiting construction of a building or structure in the area between such
building line and right-of-way, stream bank, or other property line.

26.

BUILDING PERMIT: A permit issued by the Building Inspector allowing a property
owner or his agent to construct, alter, or remove a building, or engage in similar
activity which would alter the character of the lot in question.

27.

28.

CELLULAR TELECOMMUNICATIONS SERVICES: A retail telecommunications
service that uses radio signals transmitted through cell sites and mobile
switching stations.

29.

CERTIFICATE OF OCCUPANCY: A certiﬁcate issued by the Enforcement O cer
after building has taken place which certiﬁes that the building meets minimum
standards for human occupancy and the site meets requirements of the Zoning
Ordinance and these regulations.

30.

CLUSTER SUBDIVISION: A major residential subdivision of agriculturally-zoned
land that separates residential lots from preserved agricultural lots with a total
density not to exceed 1 unit per 5 acres.

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31.

CO-LOCATION: Locating two (2) or more transmission Antennas or Related
Equipment on the same Cellular Antenna Tower or other applicable structure.

32.

COMMERCIAL FLOOR AREA: Floor area of a building which is devoted to the
storage and display of merchandise, the performance of consumer services or
the circulation and accommodation of customers.

33.

COMMERCIAL LANDSCAPE OPERATION: the sale and/or provision of tree, lawn,
and landscaping goods or services or grounds maintenance to others. Such uses
may speciﬁcally include:
a. The sale or provision or use of landscaping materials (including, without
limitation: mulch, sod, trees, grasses, ﬂowers) grown or produced on or o
of the subject property;
b. Mowing, planting, pruning, and mulching;
c. Snow and ice maintenance, management, and removal;
d. Nurseries and greenhouses; and
e. O ce buildings and facilities for the storage, repair, and maintenance of
materials and equipment reasonably necessary for providing these goods
and/or services. (Section Added 09/09/2022, Scott County Ord 22-11. In
e ect in county only)

34.

COMMISSION: The Georgetown-Scott County Joint Planning Commission and/or
Planning Commission.

35.

COMPATIBILITY STANDARDS: Standards that have been enacted by a local
government under the authority of this section for the purpose of protecting and
preserving the monetary value of real property located within the local
government’s jurisdiction.

36.

COMPREHENSIVE PLAN: The o cially adopted Comprehensive Plan prepared
and adopted by the Planning Commission reﬂecting the community plans for the
future location of streets, parks, public buildings, land uses, and other similar
information for Scott County, Georgetown, Stamping Ground, and Sadieville,
Kentucky.

37.

CONCEPTUAL PLAN: A conceptual plan indicating the developer's general
objectives and desires in regard to the future development of his land presented
to the Planning Commission and/or sta for the formal consideration required for
zone changes.

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38.

CONDITIONAL USE: Means a use which is essential to or would promote the
public health, safety, or welfare in one or more zones, but which would impair the
integrity and character of the zone in which it is located or in adjoining zones
unless restrictions on location, size, extent and character of performance are
imposed in addition to those imposed in the zoning regulation.

39.

CONDITIONAL USE PERMIT: Means legal authorization to undertake a
conditional use, issued by the Administrative O cial pursuant to authorization by
the Board of Adjustment consisting of two parts:
a. A statement of the factual determination by the Board of Adjustment
which justiﬁes the issuance of the permit.
b. A statement of the special conditions which must be met in order for the
use to be permitted.

40.

CONDOMINIUM: A multiple unit development containing individually owned units
and jointly owned and shared areas and facilities that have the e ect of
permitting more than one unit on a lot without the division of the fee simple
interest in the lot.

41.

CONSTRUCTION PLANS AND SPECIFICATIONS: Also "Construction Plans" or
"Construction Documents." Those Plans required by these Regulations to be
submitted for approval by the Commission Engineer, which include detailed plans
for the construction of streets, curbs and gutters, and sidewalks, as well as
stormwater management plans, and grading and water quality protection plans
as required in Article XI of the Subdivision and Development Regulations.

42.

CONSUMER SERVICES: Sales of any service to individual customers for their
own personal beneﬁt, enjoyment, or convenience, and for fulﬁllment of their own
personal needs. For example, consumer services include the provision of the
personal services such as beautician and barbering services, the provision of
lodging, entertainment, specialized instruction, ﬁnancial service, automobile
storage, transportation, laundry and dry cleaning services, and all other similar
services.

43.

COUNTY: Scott County, Kentucky; when referring to jurisdiction the term
"County" or "Scott County" shall imply the cities of Georgetown, Sadieville, and
Stamping Ground and the unincorporated areas of Scott County.

44.

COVERAGE: Coverage shall mean the total area of the footprint of the building
divided by the total area of the lot.

45.

CREEK CONSERVATION CORRIDOR: Those areas zoned C-1.

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46.

CUL-DE-SAC: A permanent dead-end street or court culminated by a
turnaround and not intended to be extended in the future.

47.

DAY: For the purpose of submittal procedures, "day" shall refer to calendar day
rather than working day, unless otherwise noted.

48.

DAY CARE: Care of a child away from his own home and is designed to
supplement, but not substitute for, the parent's responsibility for the child's
protection, development and supervision, when it is necessary or desirable for
the parent or child to be out of the home for all or part of the day or night. The
term shall not include child care facilities operated by religious organizations
while religious services are being conducted, or kindergarten or nursery schools
which have as their primary function educational instruction. (Section amended
(added) 8/20/85)
a. Day Care Facility, Type I: Any facility other than a dwelling unit which
regularly receives four (4) or more children for day care; (ii) any facility,
including a dwelling unit, which regularly provides day care for thirteen
(13) or more children. If pre-school children of any day care sta receive
care in the facility, they shall be included in the number for which the
facility is licensed. (Section amended (added) 8/20/85)
b. Day Care Facility, Type II: Any home or dwelling unit which regularly
provides care apart from parents for four (4), but not more than twelve
(12) children. The director's own pre-school children shall be included in
the number for which the home is licensed. (Section amended (added)
8/20/85)

49.

DENSITY, GROSS: The numerical value obtained by dividing the total number of
dwelling units in a development by the gross area of the tract of land (in acres)
within a development. This includes all nonresidential land uses, private streets,
and right-of-way.

50.

DENSITY, NET: The numerical value obtained by dividing the total number of
dwelling units in a development by the area of the actual tract of land (in acres)
upon which the dwelling units are proposed, but, excluding public and private
right-of-way

51.

DEVELOPER: Any individual, ﬁrm, association, corporation, governmental agency
or any other legal entity commencing proceedings under these regulations, to
carry out the division and/or development of land as deﬁned herein, for himself
or for another.

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52.

DEVELOPMENT: Any construction, redevelopment, change in use or intensity of
use of a property, or renovation involving such a change, provided that the
standards in regulations are met by all proposed improvements and existing
features. In some contexts in these regulations, the term "development" includes
a subdivision of land.

53.

DEVELOPMENT, MAJOR: All development, as deﬁned above, that does not fall
within the deﬁnition of Minor Development.

54.

DEVELOPMENT, MINOR: Any development that adds no new buildings or parking
lots of greater than 20 spaces. In industrial areas, minor developments include
building or outdoor storage expansion of up to 10% of the total square footage or
10,000 square feet, whichever is less.

55.

DEVELOPMENT PLAN: A presentation in the form of maps, and drawings (plans
and proﬁles) of a proposed use and/or structure by the owner or developer of the
land which sets forth in detail the intended development.

56.

DEVELOPMENT PLAN, FOR TELECOMMUNICATION TOWERS: means a
presentation in the form of sketches, maps and drawings (plans and proﬁles) of a
proposed use and/or structure by the owner or developer of the land which sets
forth in detail the intended development, according to the standards and
procedures in Article IV (Development Approval Procedure) and Articles V
through VIII.

57.

DISTILLERY SPIRITS: Beverages obtained by the distillation from wine,
fermented fruit or plant juice or from starch material that has been ﬁrst brewed,
having an alcohol content higher than that of beer or wine. (Deﬁnition added
12/09/2022 Scott County Ord. 22-16, In e ect in County only).

58.

DISTILLERY SPIRITS STORAGE FACILITY: Structure used to store wooden
barrels containing distilled spirits in a rack or palletized system. Limited to a
maximum of 40,000 square feet in size and 60 feet in height. (Deﬁnition added
12/09/2022 Scott County Ord. 22-16, In e ect in County only).

59.

DRIVEWAY: Driveway shall mean that access which is generally intended to
serve private single family residences.

60.

DUPLEX: A structure containing two dwelling units, each of which has direct
access to the outside.

61.

DWELLING AND DWELLING UNIT: A dwelling is a building providing shelter,
sanitation, and the amenities for a permanent habitation. It does not include
temporary habitation. It does not include temporary lodging or sleeping rooms

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but does include modular homes. Dwelling unit refers to that dwelling
accommodation within a building designed for one individual or family unit
maintaining a separate and independent housekeeping.
62.

EASEMENT: Authorization by a property owner for the use by others of any
designated part of his property, for a speciﬁed purpose and time as described in
the conveyance of limited rights to land by such easement.

63.

ENFORCEMENT OFFICER: Any administrative o cial designated by the Fiscal
Court and the City Council who shall be charged with and provided with the
authority to enforce the ordinances, regulations, codes and orders of the
Planning Commission, Board of Adjustment, Fiscal Court, City Council and any
applicable Court order.

64.

ENGINEER: A licensed, professional civil engineer appointed or requested by the
Planning Commission or retained by the developer.

65.

ENVIRONMENTALLY SENSITIVE AREAS: Sinkholes, cave areas, major rock
formations and outcroppings, springs, ﬂoodplains/ﬂoodways, and
landﬁlls/refuse areas.

66.

EXEMPT SOLAR ENERGY SYSTEM (EXEMPT SES): An SES that is a facility of a
municipally owned electric system or public utility regulated by the Kentucky
Public Service Commission or Federal Energy Regulatory Commission, which is
exempt from planning and zoning requirements under KRS 100.324. (Deﬁnition
Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only.)

67.

FAÇADE: The main face or front of a building.

68.

FAMILY: One (1) or more persons who inhabit a single dwelling unit, as a single
housekeeping unit, which is:
a. Traditionally characterized by matrimonial or parent-child relationships,
provided that all such persons are related by blood, marriage, adoption,
fosterage, or guardianship and no more than two (2) unrelated
inhabitants are included in the housekeeping unit; or
b. Predominantly characterized by voluntary associational or communal
relationships.

69.

FARMLAND OF STATEWIDE IMPORTANCE: A map unit identiﬁed by the Natural
Resources Conservation Service as including soils that nearly meet the
requirements for prime farmland and that economically produce high yields of
crops, when treated and managed according to acceptable farming methods.
(Deﬁnition Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only).

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70.

FENCEROWS: Generally, refers to lines of trees and shrubbery that have grown
along existing fence lines to form a natural hedge.

71.

FILING DEADLINE AND REVIEW SCHEDULE: A schedule adopted by the
Planning Commission that governs ﬁling and review deadlines and schedules;
generally, submissions are due to be ﬁled on the ﬁrst working day of the month
for review at the Planning Commission meeting the following month.

72.

FILL: Natural material which may be added to or moved on a site during the
grading process to provide developable building areas and adequate drainage.

73.

FLOODPLAIN: An area along a stream or watercourse which would be under
water as the result of a rainfall with a one-hundred (100) year return period. The
ﬂoodplain shall be as shown on the FEMA Flood Insurance Rate Maps (FIRM), for
those stream segments included in the maps, or as designated in the
Comprehensive Plan for Creek Conservation Corridors not on the FEMA maps.

74.

FLOODWAY: The channel of a stream and those portions of the ﬂoodplain
adjoining the channel that are required to carry and discharge the ﬂood water
within designated heights and velocities; including, but not limited to, ﬂood ﬂows
associated with the regulatory ﬂood. The ﬂoodway is intended to carry the deep
and fast-moving ﬂood water, and the two principal factors in its determination
are the selection of the ﬂood discharge and the permitted increase in ﬂood
heights.

75.

FOOTPRINT of the SES is calculated by drawing a perimeter around the
outermost SES panels and any equipment necessary for the equipment to
function, such as transformers and inverters. The Footprint does not include
perimeter fencing or visual bu ers, nor transmission lines or portions thereof
that are required to connect the SES to a utility or customer outside the SES
perimeter. (Deﬁnition Added 03/24/2022 Scott County Ord. 22-02, In e ect in
County only).

76.

GOVERNING AUTHORITY: The Scott County Fiscal Court, Sadieville City Council,
Stamping Ground City Council, and/or Georgetown City Council; also referred to
as Legislative Body.

77.

GRADING: Any stripping, cutting, ﬁlling, stockpiling of soil, or any combination
thereof, including the land in its cut or ﬁlled condition.

78.

GSCPC means Georgetown-Scott County Planning Commission or Planning
Commission. See also Georgetown-Scott County Planning Commission, Planning
Commission.

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79.

HAZARDOUS MATERIALS: For purposes of these Regulations, this deﬁnition is
consistent with State and Federal deﬁnitions of hazardous materials.

80.

HEIGHT: The vertical distance measured from the average ﬁnished grade at the
front building line to the highest point of structure.

81.

HOME OCCUPATIONS: Professional o ce, one professional with no sta , studio
or personal services maintained or conducted within a dwelling or accessory
building. Home occupations must meet the following conditions:
a. The home occupation must be incidental to the principal residential use
of the residence and be limited to 25% of the ground ﬂoor area, in no
event to exceed 300 square feet.
b. The home occupation shall result in no exterior evidence, except a wall
sign not to exceed 5 square feet in area which may identify the home
occupation. Complete sign information can be found in the Sign
Ordinance, Appendix C.
c. The home occupation shall not generate any atmospheric pollution, light
ﬂashes, glare, odor, noise, vibration, truck or other heavy tra c.

82.

INDUSTRY: The processing of products or raw materials. The two categories of
industry are deﬁned according to the following performance standards.
a. Heavy Industry: Those industries whose processing operations result in
the outdoor storage or processing of materials or products, the emissions
of any atmospheric pollution, visible light ﬂashes or glare, odors, or noise
or vibration which may be heard or felt o the premises or those
industries which constitute a ﬁre, explosion, or other hazard detrimental
to the health and welfare of the community or adjacent property owners.
b. Light Industry: Those industries whose processing operations result in
none of the above conditions.

83.

JUNKYARD: Property used for the outdoor storage, display, or keeping of
inoperative or inoperable machinery, whether or not it is capable of operation, or
the accumulation of trash, waste material, or vegetation, in a manner which is
unsightly, o ensive or not in harmony with surrounding property.

84.

KENNEL: A commercial business for the sale or temporary boarding of three (3)
or more dogs over the age of six (6) months, not including those owned by the
resident or property owner. (Section Added 04/01/99 & 09/22/00).

85.

KYTC: Kentucky Transportation Cabinet

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86.

LEGISLATIVE BODY: See Governing Authority.

87.

LOCAL GOVERNMENT: A city, county, urban-county government, charter county
government, or consolidated local government that is engaged in planning and
zoning under KRS 100.

88.

LOT: A piece, parcel or plot of land occupied by or to be occupied by one principal
building and its accessory buildings and including the open spaces required
under this regulation, and having its principal frontage on a street.
a. Corner Lot: A lot which abuts upon two intersecting streets at their
intersection, or upon two parts of the same street forming an interior
angle of less than 135 degrees.
b. Lot Depth: The distance between the front and rear property lines of a
lot, generally measured perpendicular from the street.
c. Lot Frontage: The front of a lot is that portion nearest to the street. For
the purpose of determining yard requirements for corner and through
lots, all sides of a lot adjacent to a street shall be considered frontage.
d. Lot Line: The boundary dividing a lot from a right-of-way, adjoining lot, or
other adjoining tract of land. Front, rear, and side lot lines are selfexplanatory.
e. Lot-of-Record: A lot which is part of a subdivision or development
recorded in the o ce of the County Clerk, or a lot or parcel described by
metes and bounds, the description of which has also been recorded prior
to April 1958 (for the city of Georgetown) and prior to February 1970 (for
the unincorporated area and the cities of Stamping Ground and
Sadieville).
f.

Lot, Through or Double Frontage: Any lot other than a corner lot which
abuts on two (2) streets.

g. Lot Width: The distance between the two side property lines of a lot,
generally measured parallel to the street.
89.

MANUFACTURED HOME: a single-family residential dwelling constructed after
June 15, 1976, in accordance with the National Manufactured Home Construction
and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq., as amended,
and designed to be used as a single-family residential dwelling with or without
permanent foundation when connected to the required utilities, and which
includes the plumbing, heating, air conditioning and electrical systems
contained therein. (Amendment e ected within Scott County 02/26/2004 and

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within the city limits of Georgetown 03/04/2004 by Ordinance 04-01 and 04006 respectively).
90.

MANUFACTURED HOME, QUALIFIED: a manufactured home that meets all the
following criteria:
a. Is manufactured on or after July 15, 2002;
b. Is a xed to a permanent foundation and is connected to the appropriate
facilities and is installed in compliance with KRS 227.550;
c. Has a width of at least twenty (20) feet at its smallest width measurement
or is two (2) stories in height and oriented on the lot or parcel so that its
main entrance door faces the street;
d. Has a minimum total living area of nine hundred (900) square feet;
e. Is not located in a manufactured home land-lease community.
(Amendment e ected within Scott County 02/26/2004 and within the
city limits of Georgetown 03/04/2004 by Ordinance 04-01 and 04-006
respectively).

91.

MASSAGE THERAPIST, LICENSED (LICENSED HEALTH CARE PROFESSIONAL):
Any person who has graduated from a 600-hour Massage Therapy School,
accredited by a State Licensure Board or its equivalent and who possess a valid
state license in massage therapy from any state which regulates the same by
means of a written examination; may also include a physician, nurse,
occupational therapist, physical therapist, podiatrist, or chiropractor.

92.

MEDICINAL CANNABIS means marijuana as deﬁned in KRS 218A.010 when
cultivated, harvested, processed, produced, transported, dispensed, distributed,
sold, possessed, or used in accordance with KRS 218B. This deﬁnition includes
Medicinal Cannabis products and raw plant material; but does not include
industrial hemp or industrial hemp products as deﬁned in KRS 260.850.

93.

MEDICINAL CANNABIS BUSINESS means an entity licensed under KRS 218B as
a cultivator, dispensary, processor, producer, or safety compliance facility.

94.

MEDICINIAL CANNABIS CARDHOLDER means a registered qualiﬁed patient,
designated caregiver, or visiting qualiﬁed patient who has applied for, obtained,
and possesses a valid registry identiﬁcation card issued by the Kentucky Cabinet
for Health and Family Services for Medicinal Cannabis in compliance with KRS
218B; or a visiting qualiﬁed patient who has obtained and possesses (1) a valid
out-of-state registry identiﬁcation card; and (2) documentation of having been
diagnosed with a qualifying medical condition.

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95.

MEDICINAL CANNABIS CULTIVATOR means a business that is licensed to grow
Medicinal Cannabis in compliance with KRS 218B, more speciﬁcally to:
a. Acquire, possess, plant, cultivate, raise, harvest, trim, or store cannabis
seeds, seedlings, plants, or raw plant material;
b. Deliver, transport, transfer, supply, or sell raw plant material or related
supplies to other licensed cannabis businesses in this state; or
c. Sell cannabis seeds or seedlings to similar entities that are licensed to
cultivate cannabis in this state or in any other jurisdiction
d. Medicinal Cannabis cultivators are regulated in four tiers by KRS 218B, as
follows:

96.

A Tier I cultivator shall not exceed an indoor growth area of two
thousand ﬁve hundred (2,500) square feet.

ii.

A Tier II cultivator shall not exceed an indoor growth area of ten
thousand (10,000) square feet.

iii.

A Tier Ill cultivator shall not exceed an indoor growth area of
twenty-ﬁve thousand (25,000) square feet.

iv.

A Tier IV cultivator shall not exceed an indoor growth area of ﬁfty
thousand (50,000) square feet.

MEDICINAL CANNABIS DISPENSARY means an establishment that is licensed
in compliance with KRS 218B to:
a. Acquire or possess Medicinal Cannabis from a cultivator, processor, or
producer in this state;
b. Acquire or possess Medicinal Cannabis accessories or educational
material;
c. Supply, sell, dispense, distribute, or deliver Medicinal Cannabis, Medicinal
Cannabis accessories, and educational material to cardholders or other
dispensaries;
d. Sell cannabis seeds to similar entities that are licensed to cultivate
cannabis in this state or in any other jurisdiction; or
e. Acquire, accept, or receive Medicinal Cannabis products from a
cardholder pursuant to KRS 218B.110.

97.

MEDICINAL CANNABIS PROCESSOR means a business that is licensed in
compliance with KRS 218B to:

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a. Acquire or purchase raw plant material from a cultivator, processor, or
producer in this state;
b. Possess, process, prepare, manufacture, manipulate, blend, or package
Medicinal Cannabis;
c. Transfer, transport, supply, or sell Medicinal Cannabis and related supplies
to other cannabis businesses in this state; or
d. Sell cannabis seeds or seedlings to similar entities that are licensed to
cultivate cannabis in this state or in any other jurisdiction.
98.

MEDICINAL CANNABIS PRODUCER means a business that is licensed in
compliance with KRS 218B to:
a. Acquire, possess, plant, cultivate, raise, harvest, trim, or store cannabis
seeds, seedlings, plants, or raw plant material;
b. Deliver, transport, transfer, supply, or sell raw plant material, Medicinal
Cannabis products, or related supplies to other licensed cannabis
businesses in this state;
c. Sell cannabis seeds or seedlings to similar entities that are licensed to
cultivate cannabis in this state or in any other jurisdiction;
d. Acquire or purchase raw plant material from a cultivator in this state; or
e. Possess, process, prepare, manufacture, manipulate, blend, or package
Medicinal Cannabis.

99.

MEDICINAL CANNABIS PRODUCT means any compound, manufacture, salt,
derivative, mixture, or preparation of any part of the plant Cannabis sp., its seeds
or its resin; or any compound, mixture, or preparation which contains any
quantity of these substances when cultivated, harvested, processed, produced,
transported, dispensed, distributed, sold, possessed, or used in accordance with
KRS 218B. This deﬁnition does not include industrial hemp products as deﬁned in
KRS 260.850.

100.

MEDICINAL CANNABIS SAFETY COMPLIANCE FACILITY means an
establishment licensed in compliance with KRS 218B to:
a. Acquire or possess Medicinal Cannabis obtained from cardholders or
cannabis businesses in this state;
b. Return the Medicinal Cannabis to cardholders or cannabis businesses in
this state;

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c. Transport Medicinal Cannabis that was produced by cannabis businesses
in this state;
d. Produce or sell approved educational materials related to the use of
Medicinal Cannabis;
e. Produce, sell, or transport of equipment or materials other than Medicinal
Cannabis, including but not limited to lab equipment and packaging
materials that are used by cannabis businesses and cardholders, to
cardholders or cannabis businesses licensed under this chapter;
f.

Test Medicinal Cannabis produced in this state;

g. Train cardholders and cannabis business agents;
h. Receive compensation for actions allowed under this section; and
i.
101.

Engage in any non-cannabis-related business activities that are not
otherwise prohibited or restricted by state law.

MOBILE HOME: Any vehicle or similar portable structure used or so constructed
as to permit its conveyance upon streets and as a dwelling for one or more
persons. A recreational or travel trailer less than 30 feet in length shall not be
considered a mobile home. A mobile home shall not be used for commercial or
industrial purposes, except for temporary construction facilities at a
construction site, which use shall terminate at the conclusion of the
construction project. Pre-constructed o ce structures, built to code standards
and inspected according to applicable building codes, may be temporarily
permitted as a conditional use in all Business and Professional zones, pending
construction of permanent buildings. They may be permitted in all Industrial
zones. A modular home or "double wide" with two or less preconstructed units of
equivalent size also designed for conveyance on the street or on a ﬂat-bed trailer
shall be considered a mobile home. All mobile homes shall be secured to a
permanent foundation and shall be underpinned. (Amendment dated 1/26/88)
a. A transportable structure suitable for year-round single-family occupancy
and having water, electrical, and sewage connections similar to those of
conventional dwellings. This deﬁnition applies only to units constructed
prior to June 15, 1976. Compare with manufactured home. (Amendment
e ected within Scott County 2/26/2004 and within the city limits of
Georgetown 3/4/2004 by Ordinance 04-01 and 04-006 respectively.)

102.

MOBILE HOME PARK: A single tract of land on which two or more mobile home
lots are occupied or intended for occupancy by mobile homes.

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103.

MOBILE HOME SUBDIVISION: A subdivision used exclusively for placement of
mobile homes for residential use. Lots in a mobile home subdivision shall be
available for lease or sale to the general public. Nothing herein shall prohibit the
purchaser of an individual lot from placing a mobile home upon the lot purchased
from the subdivision developer and renting the subdivision lot and mobile home
thereon. The procedure for subdividing land for mobile home subdivisions shall
be the same as that for subdividing land for conventional dwellings.

104.

MOBILE HOME CAMP, ALSO TRAILER CAMP, AND OVERNIGHT CAMPING AREA:
An area designed exclusively for the accommodation of overnight and other
temporary lodging where the traveler or transient usually provides his own
accommodations (in a travel trailer, van, camper, etc.).

105.

MODULAR HOME: A dwelling unit constructed with more than two major units
that have been assembled at a place other than the site and usually arrive at the
site by either ﬂat-bed trailer or on wheels.

106.

MULTI-BUILDING DEVELOPMENT: Multi-building development is the
construction of two or more buildings on a single plot of ground which is under
single ownership, and which will not be divided and sold into smaller parcels.

107.

MULTI-FAMILY BUILDING: A detached building designed and used exclusively as
a dwelling by three or more families occupying separate suites.

108.

NON-CONFORMING USE OR STRUCTURE: Means an activity or a building, sign,
structure, or a portion thereof, which lawfully existed before the adoption or
amendment of the Zoning Ordinance, but which does not conform to all the
regulations contained in the Zoning Ordinance for such use or structure.

109.

NON-RETAIL COMMERCIAL: Commercial sales and services to customers who
intend resale of the products or merchandise sold or handled. For example, nonretail commercial includes wholesaling, warehousing, trucking terminals, and
similar commercial enterprises.

110.

NON-TOWER WIRELESS COMMUNICATIONS FACILITIES: Wireless
Communications Facilities other than tower-based wireless communications
that are located on buildings, Utility Poles as deﬁned by the section, and other
existing structures.

111.

OUTDOOR: Refers to that which is not enclosed within a building.

112.

OWNER: Any individual, ﬁrm, association, corporation, governmental agency or
any other legal entity whose name last appears on the tax rolls as owner of the
land proposed to be subdivided and/or developed.

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113.

PACKAGE SEWAGE TREATMENT PLANTS: This term refers generally to private,
developer-installed, sewage treatment plants.

114.

PERMANENT FOUNDATION: A system of supports that is:
a.

Capable of transferring, without failure, into soil or bedrock, the
maximum design load imposed by or upon the structure;

Constructed of concrete; and

Placed at a depth below grade adequate to prevent frost damage.

115.

PERSONAL COMMUNICATION SERVICES: Commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access
services as deﬁned in 47 U.S. C. sec. 332(c).

116.

PLAN: This term refers to a Development Plan, as deﬁned above.

117.

PLANNED DEVELOPMENT PROJECTS: A complex of structures and uses
planned as an integral unit or community development.

118.

PLANNING COMMISSION: The term “Planning Commission” shall mean the
Georgetown – Scott County Planning Commission, otherwise known as the
Georgetown-Scott County Joint Planning Commission, the Scott Joint Planning
Commission or the Commission.

119.

PLANNING COMMISSION STAFF: The technical sta employed by the Planning
Commission to advise and make recommendations under these regulations,
among other duties. The Planning Commission sta includes, but is not limited
to, the Planning Director, Planner and the Commission Engineer.

120.

PLAT: This term refers to a Subdivision Plat, as deﬁned below.

121.

PLAT, MORTGAGE: A mortgage plat shall consist of a surveyed boundary of a
property showing no division lines for the express purpose of providing a lending
institution a record of the property.

122.

PREMISES: A lot or other tract of land under one ownership and all the
structures on it.

123.

PRIME FARMLAND: A map unit identiﬁed by the Natural Resources Conservation
Service of the United States Department of Agriculture as having the best
combination of physical and chemical characteristics for producing food, fee,
forage, ﬁber, and oilseed crops and is available for these uses. (Deﬁnition Added
03/24/2022 Scott County Ord. 22-02, In e ect in County only).

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124.

PRINCIPAL STRUCTURE: The principal building or other structure on a lot or
building site designed or used to accommodate the primary use to which the
premises are devoted.

125.

PRINCIPAL USE: The predominant use to which the lot or property is or may be
devoted and to which all other uses are accessory.

126.

PRIVATE STREET: Any street that is privately owned and maintained. Private
streets cannot be through streets. (Deﬁnition Amended 08/17/2006 City of
Georgetown Ord 2006-019).

127.

PROJECT: The term "project" when used throughout this document shall refer to
any and all subdivisions or developments.

128.

PUBLIC SERVICE BUILDING: Any building necessary for the operation and
maintenance of a utility.

129.

RETAIL SALE: The sale of any product or merchandise to customers for their
own personal use; not for resale.

130.

RESERVOIR PROTECTION AREA: The area designated in the Growth and Land
Use Element of the Comprehensive Plan that drains into the planned reservoir.

131.

RIGHT-OF-WAY: Land used generally for streets, sidewalks, alleys, or other
public uses. Right-of-way also refers to the distance between lot property lines
across a street from each other which generally contains not only the street
pavement, but also sidewalks, grass area, storm drainage, and underground and
above-ground utilities.

132.

RIGHT-OF-WAY FOR TELECOMMUNICATIONS TOWER: The surface of and space
above and below any real property in the municipality in which the federal
government, Commonwealth, municipality, or municipal authority has a
regulatory interest, or interest as a trustee for the public, as such interests now
or hereafter exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, bridges, or any other public place, area, or
property under the control of the federal government, Commonwealth,
municipality, or municipal authority. Private Rights-Of-Way and other
government-owned lands not listed above shall not be considered a Right-ofWay. The phrase “in the Right(s)-Of-Way” means in, on, over, along, above and/or
under the Right(s)-Of-Way.

133.

ROAD OR STREET: A vehicular tra c carrying way. As used in the Zoning
Ordinance a road may be privately owned.

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134.

RURAL PLANNED UNIT DEVELOPMENT: Planned Unit Developments in the rural
area, generally limited to the northern half of Scott County and deﬁned in the
Zoning Ordinance according to the provisions of the Comprehensive Plan.
Referred to as Rural PUD.

135.

RV CAMPGROUND (Also: Mobile Home Camp, also Trailer Camp, and Overnight
Camping Area): An area designed exclusively for the accommodation of
overnight and other temporary lodging where the traveler or transient usually
provides his own accommodations (in a travel trailer, van, camper, or other
mobile vehicle, etc.). This deﬁnition does not include camping areas designed
exclusively for tent or other primitive camping. (Deﬁnition Amended 10/26/2023,
Scott County Ord. 23-10, In e ect in County only.)

136.

SALE OR LEASE: Any immediate or future transfer of ownership, or any
possessory interest in land, including contract of sale, lease, or transfer, of any
interest in a development or part thereof, whether by metes and bounds, deed,
contract, plat, map, lease, or written instrument.

137.

SEPTIC SYSTEM: On-site sewage treatment facility consisting of a septic tank
and leach ﬁeld or lagoon, and any additional installation required by the Scott
County Health Department. See Article X (Site Design).

138.

SHORT-TERM RENTAL: a dwelling unit that is rented, leased, or otherwise
assigned for a tenancy of less than thirty (30) consecutive days’ duration, where
no meals are served. This term does not include hotel or motel rooms, extended
stay lodging facilities, bed and breakfast establishments, or boarding and lodging
house rooms. (Deﬁnition Added 03/28/2022 City of Georgetown Ord 2022-07,
08/12/2022 Scott County Ord 22-07).

139.

SIDEWALK: A way or portion of a way intended primarily for pedestrian tra c.

140.

SIGHT DISTANCE: A straight line of unobstructed view measured along the
normal path of the roadway. See Article X, Section 1000, paragraph P.
Intersection Standards, subparagraph 8; and Appendix VII (A) for required
distances and method of measurement. (Deﬁnition Amended by City of
Georgetown Ordinance 1998-004, 3/19/1998)

141.

SIGHT TRIANGLE: A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed to grow in
such a manner as to limit or obstruct the sight distance of motorists entering or
leaving the intersection.

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142.

SIGNS: Shall mean and include any outdoor announcement, declaration, device,
demonstration, or insignia used for direction, information, identiﬁcation, or to
advertise or promote any business, product, activity, services, or any interests.
a. Advertising Sign: A (o premise) sign which attracts attention to any
business product, activity, or service; provided however, that such sign
shall not be related, or make reference to the primary use, business,
activity or service conducted on the premises.
b. Business Sign: A (on premise) sign which identiﬁes a building or directs
attention to a business, product, activity or service manufactured, sold,
o ered or stored upon the premises as the primary use(s) where such
sign is located.
c. Projecting Sign: A sign suspended from or supported by a building or
similar structure and projecting out there from more than eighteen (18)
inches.
d. Sign Structures: The entire area within a single continuous perimeter
enclosing all elements of the sign which form an integral part of the
display.
e. Wall Signs: A sign which is attached directly to a building wall and which
does not extend more than eighteen (18) inches therefrom or higher than
the roof line of the building, with the exposed face of the sign in a place
parallel to the building wall.

143.

SIGNIFICANT TREES: As used in these Regulations, signiﬁcant trees include
those trees of speciﬁc species, size, and habitat location that are distinctly
characteristic to the Bluegrass Region.

144.

SINKHOLE: Any closed depression formed by removal (typically underground) by
water of surface soil, rock or other material. The existence of a sinkhole shall be
as indicated by the closed depression contour lines on the U.S.G.S. topographic
maps, S.C.S. Soil Survey Maps, or other documents approved by the Engineer. Its
actual limits may, however, be determined by ﬁeld measurements with
concurrence of the Engineer.

145.

SINKHOLE DRAINAGE AREA: Any area that contributes surface water directly to
one or more sinkholes; this does not include areas which contribute surface
water indirectly to a sinkhole (via streams).

146.

SITING BOARD REGULATED SES: An SES that constitutes a “merchant electric
siting facility” under KRS 278.700(2), the construction and siting of which is

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subject to review and approval of the Kentucky State Board on Electric
Generation and Transmission Siting. A merchant electric siting facility is an
electricity generating facility or facilities that, together with all associated
structures and facilities are capable of operating at an aggregate capacity of ten
megawatts (10 MW) or more and sell the electricity produced in the wholesale
market, at rates and charges not regulated by the Kentucky Public Service
Commission. (Deﬁnition Added 03/24/2022 Scott County Ord. 22-02, In e ect in
County only).
147.

SLEEPING ROOM: A single room rented for dwelling purposes but without the
amenities for separate and independent housekeeping.

148.

SMALL CELL TOWER: Any structure under ﬁfty (50) feet in height with an
antenna or transmitter that is constructed for the sole or primary purpose of
supporting any Federal Communications Commission – licensed or authorized
antennas and their associated facilities, including structures that are
constructed for wireless communications services including but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless
services and ﬁxed wireless services such as microwave backhaul, and the
associated site. A pole originally installed for the primary purpose of supporting
wireless telecommunications equipment, regardless of the timeframe between
pole installation and connection/implementation of Transmission Equipment, is
considered a SmallCell Tower, and is not a Utility Pole. The term Small Cell Tower
includes structures erected to support Antennas and Related Equipment, mini
cell towers, distributed antenna system towers, micro cell towers, mini cells, WiFi antennas, or similar technology.

149.

SMALL WIRELESS FACILITY FOR TELECOMMUNICATION TOWER: A Wireless
Communications Facility that meets each of the following conditions: (i) Each
antenna associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet in volume; and (ii) All other wireless
equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume.

150.

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a. Integrated Solar Energy System: A SES where the solar materials are
incorporated into the building materials such that the building and solar
system are reasonably indistinguishable, or where the solar materials are
used in place of traditional building components, such that the SES is
structurally an integral part of the house, building, or other structure. An
Integrated SES may be incorporated into, among other things, a building
façade, skylight, shingles, canopy, light, or parking meter.
b. Rooftop Solar Energy System: A SES that is structurally mounted to the
roof of a house, building, or other structure and does not qualify as an
Integrated SES.
c. Ground Mounted Solar Energy System: A SES that is structurally
mounted to the ground and does not qualify as an Integrated SES. Ground
Mounted SESs are subcategorized as follows:
d. Small Scale Ground Mounted Energy System (Small Scale SES) which
is a Ground Mounted SES with a Footprint of less than 2,500 square feet.
e. Intermediate Scale Ground Mounted Energy System (Intermediate
Scale SES) which is a Ground Mounted SES with a Footprint of at least
2,500 square feet but less than ten (10) acres.
f.

Large Scale Ground Mounted Solar Energy System (Large Scale SES)
means a Ground Mounted SES with a Footprint of at least or more ten (10)
acres.

(Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only).
151.

STAFF: Those assigned to support and/or administer the powers and duties
prescribed to the Planning Commission.

152.

STEALTH TECHNOLOGY FOR TELECOMMUNICATIONS TOWERS: Design
techniques used to blend objects into the surrounding environment and to
minimize visual impact. These design techniques may be applied to wireless
communications towers, antennas, and other facilities, which blend the
proposed facility into the existing structure or visual backdrop in such a manner
as to render it less visible to the casual observer. Such methods include but are
not limited to facilities constructed to resemble light poles, ﬂag poles or other
streetscape amenities. The use of additional features such as ﬂags, decorative
streetlamps, and banners or signs may be utilized to blend the proposed facility
into the visual backdrop.

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153.

STREET: A way set aside for vehicular tra c, regardless of size or designation,
but excluding private driveways serving only one parcel or land. The following are
deﬁnitions of classiﬁcations of streets; these are based upon the classiﬁcations
of streets in the Transportation Element of the Comprehensive Plan.
a. Alleys: Streets used primarily for vehicular service access to the backs or
to the side of properties which otherwise abut on streets.
b. Arterial Streets: Streets designed or utilized primarily for high vehicular
speeds or for heavy volumes of tra c. See the Transportation Element of
the Comprehensive Plan for deﬁnitions of principal and minor arterials.
c. Collector Streets: Streets which carry or will carry intermediate volumes
of tra c from local streets to arterial streets. See Exhibit 10-1, Article X,
for deﬁnition of collector and sub-collector streets.
d. Cul-de-sacs: A minor street which has only one outlet to other streets; a
street which dead-ends.
e. Marginal Access Streets: Streets parallel to and adjacent to arterial
streets and which serve to reduce the number of access points to the
arterial streets. Also "Service Drives."
f.

Local Streets: Streets used primarily for access to abutting properties
and which carry or will carry limited volumes of tra c.

g. Private Streets/Access Easement: A privately owned/privately
maintained access for a commercial, industrial or residential
development. (Adopted by City of Georgetown Ordinance 2006-019,
08/17/2006)
154.

STRUCTURE: Any combination of materials fabricated to fulﬁll a function in a
ﬁxed location on the land. See Building.

155.

SUBDIVIDER: Any individual, ﬁrm, association, corporation, governmental
agency or any other legal entity commencing proceedings under these
regulations, to create a subdivision of land as deﬁned herein for himself or for
another.

156.

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appropriate to the context, shall relate to the process of subdivision or to the
land subdivided. Any division of land into parcels of less than one (1) acre
occurring within twelve (12) months following a division of same land shall be
deemed a subdivision within the meaning of this regulation.
157.

SUBDIVISION, MAJOR: Any subdivision of land for multi-family residential,
commercial, industrial, professional, or institutional uses; or into four (4) or more
single-family residential lots; or any subdivision of land, including for agricultural
or horticultural use, that requires the construction, improvement, extension, or
widening of streets or other public improvements; or that requires new o -site
utility easements. (Deﬁnition Amended by City of Georgetown Ordinance 1999026, 7/15/1999)

158.

SUBDIVISION, MINOR: (1) The division of a tract of land into three (3) or fewer
single-family residential, non-agricultural lots, including the remainder of the
original tract. Such lots shall front on an existing public street, except where a
single lot is added behind an existing lot that fronts on such a street, and shall
involve no new street construction, widening, or extending of an existing street,
or any other major public improvements.
(2) Only one (1) minor subdivision plat may be submitted and approved per parent
tract. The parent tract shall be identiﬁed as any property in existence at the time
of the adoption of this requirement, using the records contained in the Property
Valuation Administrators O ce, the Scott County Clerk’s O ce and the Planning
Commission O ce. Subsequent subdivision of such property shall be classiﬁed
as a Major Subdivision, regardless of the number of lots, and require the
submission of a Preliminary Subdivision Plat in accordance with Article III.
(Amended by City of Georgetown Ordinance 1999-026, 7/15/1999)
a. The following are also classiﬁed as a minor subdivision:
i.

A subdivision for the purpose of the transfer of land between
adjacent property owners and not involving the creation of any
new lots or building sites;

ii.

A subdivision for the purpose of enlarging the size of any
previously subdivided lot or parcel of land; the consolidation of up
to ﬁve lots of record to create a lesser number of parcels and
involving no new public improvements;

iii.

Five or less condominium units of previously built developments.

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iv.

And technical revisions to a recorded ﬁnal plat of an engineering or
drafting nature or similar small discrepancy, but not including the
altering of any property lines or public improvement requirements.

159.

SUBDIVISION PLAT: A detailed drawing showing the lot and street arrangement
or other features or details of the area being subdivided, as required in these
Regulations for preliminary and ﬁnal approval and recording in Articles III, V, VI,
and VII.

160.

SUBDIVISION PLAT, FINAL: The ﬁnal map or drawing upon which the
subdivider's plan of subdivision is presented to the Planning Sta and
Commission Chair, Secretary, or designate for approval, and which, if approved,
will be submitted to the County Clerk for recording (see Article VII).

161.

SUBDIVISION PLAT, PRELIMINARY: The drawings and supplementary material
indicating the proposed layout of the subdivision to be submitted to the Planning
Commission for its consideration pursuant to Articles V.

162.

TECHNICAL REVIEW COMMITTEE: A Committee consisting of the Planning
Commission Sta , representatives of utility and infrastructure providers, and the
Scott County Soil Conservation Service, that meets monthly according the
Planning Commission's Adopted Filing and Review Schedule to discuss and
review all major plats and plans submitted for approval. Referred to in these
Regulations as TRC.

163.

TOWNHOUSE: One-family dwelling unit, with a private entrance, which is part of
a structure whose dwelling units are attached horizontally in a linear
arrangement, and having a totally exposed front and rear wall to be used for
access, light and ventilation.

164.

TRANSMISSION EQUIPMENT FOR TELECOMMUNICATION TOWER: Equipment
that facilitates transmission for any Federal Communications Commissionlicensed or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or ﬁber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless
communications services including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and ﬁxed wireless
services, such as microwave backhaul.

165.

UN-HOSTED HOME SHARING (UHS): A type of short-term rental where the
entire dwelling unit is rented, leased, or otherwise assigned for a tenancy of less
than thirty (30) consecutive days. This does not include hotel or motel rooms,
extended stay lodgings, or bed and breakfast establishments. (Deﬁnition Added

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03/28/2022 City of Georgetown Ord 2022-07, 08/12/2022 Scott County Ord 2207).
166.

UNIFORM APPLICATION FOR TELECOMMUNICATION TOWER: means an
application to construct a cellular antenna tower submitted to a planning
commission in conformity with KRS 100.987 and KRS (section number not yet
assigned).

167.

URBAN SERVICE BOUNDARY: That area designated as such in the
Comprehensive Plan, planned to be the limitation of future urban development
and urban services.

168.

USE: Use broadly refers to the activities which take place on any land or
premises and also refers to the structures located thereon and designed for
those activities.

169.

UTILITY FOR TELECOMMUNICATION TOWER: Has the meaning as deﬁned in
KRS 278.010(3).

170.

UTILITY, OVERHEAD, FOR TELECOMMUNICATION TOWER: Utility infrastructure
that is located primarily above ground as determined by Sta . For purposes of
these regulations, Overhead Utilities include but are not limited to power lines
and communications lines.

171.

UTILITY POLE FOR TELECOMMUNICATION TOWER: A structure originally
constructed for the support of electrical, telephone, cable television or other
video services, street lighting, or other similar cables and located within the
Right-Of-Way or Utility easements. A pole originally installed for the primary
purpose of supporting wireless telecommunications equipment, regardless of
the timeframe between pole installation and connection/implementation of
Transmission Equipment, is considered a Small Cell Tower, and is not a Utility
Pole.

172.

UTILITY, UNDERGROUND, TELECOMMUNICATION TOWER: Utility infrastructure
that is located primarily underground as determined by Sta . For purposes of
these regulations, utilities include but are not limited to water lines, sanitary
sewer lines, storm sewer lines, culverts, natural gas lines, power lines, and
communications lines. This deﬁnition does not include electric transformers,
switch boxes, telephone pedestals, and telephone boxes, tra c boxes, and
similar devices which are ground mounted.

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173.

VARIANCE: A departure from the strict conformance with the dimension and
area regulations which must ﬁrst receive the approval of the Board of
Adjustment.

174.

VARIANCE, DIMENSIONAL: Departure from the terms of the zoning regulations
pertaining to height or width of structures and size of yards and open spaces
where such departure will not be contrary to the public interest, so long as
surrounding property owners are not damaged or the character of the
neighborhood is not changed, and where owing to conditions peculiar to the
property because of its size, shape or topography and not as a result of the
action taken after the adoption of the original Zoning Ordinance in 1958, the
literal enforcement of its zoning regulations would result in unnecessary and
undue hardship. Financial disadvantage to the property owner shall not
necessarily constitute proof of unnecessary hardship within the purpose of
zoning.

175.

WIRELESS COMMUNICATIONS FACILITY: The set of equipment and network
components including antennas, transmitters, receivers, Base Stations, cabling,
and Antenna or Related Equipment, used to provide wireless data and
telecommunication services.

176.

YARD: The open space surrounding the principal building on any lot, unoccupied
and unobstructed by any portion of that building from the ground to the sky
except where speciﬁcally permitted by this Zoning Ordinance. Yards are further
deﬁned as follows:
a. Front Yard: That portion of the yard extending the full width of the lot and
measured between the front lot line and a parallel line tangent to the
nearest part of the principal building, which line shall be designated as
the front yard line.
b. Rear Yard: That portion of the yard extending the full width of the lot
measured between the rear lot line and a parallel line tangent to the
nearest part of the principle building.
c. Side Yard: Those portions of the yard extending from the front yard to the
rear yard and measured between the side lot lines and parallel lines
tangent to the nearest part of the principal building.

177.

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saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.

2.5 SPECIFIC USE REGULATIONS
2.5.1 QUALIFIED MANUFACTURED HOUSING, MANUFACTURED
HOUSING AND MOBILE HOMES
Section 2.5.1 created 02/26/2004 Scott County Fiscal Court Ord 2004-01 and
03/04/2004 City of Georgetown Ord 2004-006.
Section 2.5.1 amended 05/10/2021 City of Georgetown Ord 2021-04, In e ect in
City only) 1
1.

For the purpose of these regulations, four basic types of mobile homes
development have been deﬁned. They are: (1) mobile homes parks; (2) mobile
home subdivisions; (3) mobile home camps (or trailer parks); and (4) a mobile
home on a single lot and solid foundation. All such uses shall conform to all
applicable provisions of KRS 219, as amended, all provisions of this ordinance,
and all attached special conditions.
a. MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS: May be
permitted as a conditional use only in R-2 and R-3 districts. In County
only, may be permitted as a conditional use only in B-2, R-2, and R-3
districts. Mobile home camping areas may be permitted by conditional
use in B-2 districts or as accessory uses in recreational areas. All mobile
home parks shall be subject to the standards of development established
in the Subdivision Regulations. A plat plan shall be submitted to the
Enforcement O cer who shall review such plan to see that the following
information at a minimum is shown:
i.

Name and address of applicant and/or owner.

Refer to Scott County Ordinance 2023-10 (10/26/2023) for additional regulations
related to RV Campgrounds.
1

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ii.

Name, location and size of Mobile Home Park.

iii.

Approximate dimensions and locations of lots (also numbered),
roads and pavement, easements, parks, community buildings,
existing buildings to remain, and existing buildings within 200 feet
of exterior property lines.

iv.

Contour lines at an interval of 10 feet along with existing natural
features.

General location of all utilities and method of sewage disposal.

vi.

Public or community areas.

vii.

Large scale plan of at least one typical mobile home lot showing
mobile home location, automobile parking space, minimum yard
requirements, etc.

viii.

Location of planting for landscaping or bu er purposes when
necessary.

ix.

Identiﬁcation of abutting property owners.

Proposed street right-of-way and pavement type and widths along
with curb gutter and sidewalk proposals.

xi.

Certiﬁcates from the County Health O cer.

b. When the Enforcement O cer has determined the application for mobile
home parks or trailer camps complete, including payment of fees, the
application is sent to the Board of Adjustment who shall proceed to
consider the application in the same manner as set forth in Paragraph
2.33 and in KRS 100.217 through 100.263.
c. In the case of Mobile Home Subdivision the applicant is expected to meet
all of the requirements for preliminary plat approval in his initial
application to the Board.
d. Upon preliminary approval of the mobile home subdivision by the Board
the application together with any conditions the Board might attach, the
application is forwarded to the Planning Commission for Preliminary and
Final Plat consideration. Both bodies must approve the application and
act on all variances requested before any site preparation may begin.

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DEVELOPMENT STANDARDS FOR MOBILE HOMES: The following standards
and requirements are minimum standards for the development of mobile
home facilities and may be increased at the option of the developer but
may be decreased only by approved variances by the Board (and Planning
Commission as in the case of subdivisions).
i.

There are no minimum nor maximum numbers of mobile homes
that may be permitted in an approved development, other than
density requirements, special conditions that may be imposed by
the Board (or Commission when subdividing), or self-imposed
limitations that the developer presents. Development shall be in
strict accordance with the plans approved by the Board or
Commission, including any and all staged development.

ii.

Mobile Home Parks and Mobile Home Subdivisions: All
requirements of the Zoning District in which such use is proposed
and KRS shall apply. 2

iii.

Mobile Home Camps (or camping areas for trailers) are permitted
as a conditional use only in B-2 districts or as conditional
accessory uses in major recreational areas. In County only,
conditional use in the B-3 zone or as accessory uses in
recreational areas. Due to the temporary or seasonal nature of this
use, special development regulations are necessary. In addition to
fulﬁlling the requirements of KRS 219 as a minimum, the following
requirements are to be followed:
1. The same application, unless changes were granted, that is
submitted to the Board of Adjustment, shall be submitted
to the Department of Health for their consideration.
2. The minimum lot for each trailer is 3,000 square feet.

Note: This is in keeping with the philosophy that mobile homes should be regulated in the
same manner as houses. Therefore, where permitted, mobile home parks, mobile home
subdivisions and mobile homes on a single lot are subjected to the same regulations,
subdivision and zoning, as single-family houses.
2

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3. Adequate open space and recreation areas shall be
provided in accessible locations.
4. Accessory commercial uses are permitted, but no closer
than 100 feet from the nearest trailer or camping lot.
5. The layout and lot arrangement shall provide maximum
privacy. In county only, the layout and lot arrangement
shall be such that maximum privacy was an obvious
consideration. This may be achieved through landscaping,
natural features, radial or alternative lot arrangements, etc.
6. The surface of the parking area shall be improved, either
paved or (8") compacted gravel or as approved by the
Board.
7. All roads shall be improved as approved by the Board.
8. All lots and streets shall be properly drained.
g. ISSUANCE OF BUILDING PERMIT: The Planning Commission or the Board
of Adjustment, if delegated by the Planning Commission, may attach
reasonable special conditions to its approval of a mobile home
development and may direct the Enforcement O cer to issue a building
permit. The Enforcement O cer shall not issue a building permit until he
has received written authorization from the Planning Commission or
Board of Adjustment, and the applicant shall not start construction until
he has also obtained a valid construction permit from the State
Department of Health as required by KRS 219.
h. ISSUANCE OF CERTIFICATE OF OCCUPANCY: The Enforcement O cer
shall issue a certiﬁcate of occupancy only after he has determined that
the mobile home development has been prepared according to all
applicable regulations and special conditions. The applicant must also
obtain a valid permit to operate from the State Department of Health as
required by KRS 219.
i.

NON-CONFORMING MOBILE HOMES AND MOBILE HOME PARKS: All mobile
homes within the county which are non-conforming may continue in their
present location as long as the mobile home is occupied by the present
occupant. Should the present occupant move elsewhere, the right to
maintain a substandard mobile home park shall terminate and the owners
shall be required to move the mobile home.

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MOBILE HOMES IN AGRICULTURAL AND CONSERVATION DISTRICTS: The
following regulations shall be applicable in A-1 and C-1 districts.
i.

Mobile homes may be permitted in Agricultural districts and in
conservation districts on the lot sizes speciﬁed for farm dwellings.

QUALIFIED MANUFACTURED HOUSING PROPOSAL PROCESS
a. STEP ONE: CHOOSING A SITE FOR A QUALIFIED MANUFACTURED HOME
AND/OR MANUFACTURED HOME 3 . A qualiﬁed manufactured house may
be placed on residential lots consisting of urban inﬁll, urban development
or development with urban densities (lot sizes up to 1.0 acre or for
densities greater than 1 dwelling unit per acre). Manufactured housing
may be placed on agricultural lots providing 1 dwelling unit per 5 acres.
b. STEP TWO: SITE SELECTION AND DESIGN. Once you have selected your
site, you should review this document to fully understand the application
process and how the compatibility standards relate to your property.
These standards as well as the application process will be explained in the
following sections of the document.
c. STEP THREE: REVIEW. Formal review of proposals will be in conformance
with the process and procedures contained within the Subdivision &
Development Regulations and outlined in the Zoning Ordinance.
d. STEP FOUR: PERMITS AND APPLICATION. The applicant will be required to
obtain a building permit from the Building Inspection Department. In
addition, an application and supplemental materials will be required. The
application will include materials such as photographs of surrounding
property, site plan, and facade elevation.
e. DESIGN AND APPLICATION SUBMITTAL AND REVIEW PROCESS
i.

Intent:
1. The purpose of compatibility standards for manufactured
housing is to permit local governments to adopt and
enforce, as a part of its zoning regulations, compatibility
standards governing the placement of qualiﬁed

Refer to definitions (Section 2.1) to clarify between a Qualified Manufactured House and a
Manufactured House.
3

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manufactured homes in residential zones, within the local
government’s jurisdiction.
ii.

Guidelines:
1. The qualiﬁed manufactured home shall be reviewed for its
compatibility with architectural appearance and similarity
with (1) adjacent development or surrounding
developments (i.e. either side of the proposed site within
the same block face and adjacent to the rear), (2)
development within the same zone or general area, or (3)
within a one-eighth (1/8) mile radius or less from the
proposed location of the qualiﬁed manufactured home.

ARCHITECTURAL COMPATIBILITY GUIDELINES
i.

Facades And Exterior Material: Exterior material shall be material
customarily used on site-built dwellings, such as board siding,
plywood, or press wood siding, non-glossy vinyl siding, stucco,
brick, or non-reﬂective aluminum.

ii.

Roof Pitch And Material: Rooﬁng material shall be of wood, tile or
composition shingles, and must have an eave projection of no less
than 6 inches. The roof of each proposed unit shall have a pitch at
least equal to the average of the two residential buildings in the
same block face (residential buildings on either side of the lot, or
two nearest residences, if the adjacent structures are not
residential).

iii.

Windows: Front facing windows must have consistent size,
spacing, and proportion to that of the adjacent residences.

iv.

Porches: Roofed front porches must be included on each structure
if more than 50% of the structures in the same block face or within
200 feet of the structure of the subject site, whichever is less,
include them. Porches shall equal the average size and must
resemble the same architectural style, roof pitch, foundation and
façade material of the existing porches within the existing block
face.

Foundation: The structure shall be permanently attached to a
permanent foundation system and shall be anchored in

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accordance with the state standards set forth in KRS 227.550
through KRS 227.590.

vi.

Size/Height: The ﬁrst-ﬂoor elevation of the proposed dwelling shall
be no lower than the average ﬂoor elevations of the existing
adjacent buildings on either side of the inﬁll lot or two nearest
residences, if the adjacent structures are non-residential. The
building height of the new structure shall be comparable to the
building heights within the same block face.

vii.

Additions/Alterations: Structural additions or alterations shall be
subject to the same building code regulations as apply to additions
or alterations to a conventionally built house. Any other alteration
or conversion of a manufactured house must be performed in
accordance with KRS 227.550 et seq., 815 KAR 25:050, Section 2
and 42 USC Chapter 70.

APPLICATION INSTRUCTIONS FOR QUALIFIED MANUFACTURED HOUSING
COMPATIBILITY STANDARDS
a. INTRODUCTION:
i.

This set of instructions is for compatibility review approval and is
intended to provide brief directions for ﬁling an application. It
should not be construed as deﬁnitive instructions for your
application. These instructions are general in nature and the
Building Department and/or Planning Commission reserves the
right to request additional information on any speciﬁc application.
In addition, no guarantee of success is implied if these instructions
are followed, nor is denial if they are not.

b. APPLICATION PROCEDURES:
i.

To be an applicant, you must be an owner, lessee or prospective
owner with a purchase contract to place a qualiﬁed manufactured
home on designated residential areas.

ii.

These standards are set forth in the Zoning Ordinance. If you have
questions whether an action you propose is subject to review, you
should consult with the Chief Building Inspector or Planning

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Commission sta , where applicable. When it is determined that you
need approval, you should complete the attached application
form and ﬁle it with the Building Inspector.
c. SPECIFIC INSTRUCTIONS FOR COMPLETING APPLICATION FORM
i.

Applicant: Provide the name, address and telephone number of the
applicant. The applicant is the owner, lessee, or purchaser under
contract for the property. The telephone number should be where
the applicant can be reached during normal business hours.

ii.

Property A ected: Provide address for the property to be reviewed.
If the property is a newly created lot, an address will be assigned at
the time of the building permit.

iii.

Submissions: The speciﬁc submission requirements may vary from
application to application. Below are the guidelines for the
minimum requirements.
1. Site Plan: A site map should be submitted. This map should
be drawn to scale and preferably submitted on an 81/2” x
11” sheet, but in no case exceed 11” x 17”. The plan should
show the property lines, building footprint, building
setbacks and signiﬁcant site features such as fences,
sidewalks, driveways, accessory buildings, and trees.
2. Building Elevations: All applications involving compatibility
standards to the exterior of the building shall provide an
elevation drawing. The drawing must be to scale and should
not exceed 11” x 17” in size. The drawing should be
produced for every façade that will change, no matter how
slight the change.
a. The façade elevations should show the proposed
changes or designs. Each change or new element
should be clearly identiﬁed on the elevations. All new
materials should be clearly identiﬁed.
3. Photographs: All applications must be accompanied with
photographs. You may provide black and white or color

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photographs, at least 3 ½” x 5” in size, or provide digital
photography on DSHD diskettes (1.44 mb) or CD-R data disk
(650-700 MB).
a. Provide photos clearly detailing general views of
properties immediately adjacent to the project site.
The photos may be taken from public spaces such as
the sidewalk and streets. If a camera is not available
for use, the applicant may use the Property
Valuation cards provided in the P.V.A. o ce located
on the 2nd ﬂoor of the Scott County Courthouse.
4. Speciﬁcations: Provide speciﬁcations for the construction
or the materials to be added to the project on a separate
sheet if they cannot be included in façade elevation.
a. Examples of compatibility based on Architectural
Design including Roof Pitch, Building Height,
Location of Entry, Porches and Exterior Finishes

Image 1.
The location of entry is
facing the street. The
compatibility is based on the
roof pitch, stucco exterior,
porch and entry location.

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Image 2.
Compatibility standards are
applied to the structure that
includes second level, porch,
portico and garage.

2.5.2

JUNKYARDS

Junkyards are not designated as permitted uses in any district and may be
permitted only as a conditional use in Industrial Districts. Existing junkyards in
districts other than Industrial shall conform to Section 2.42 of this Zoning
Ordinance prescribing regulations for non-conforming uses. The Enforcement
O cer shall insure that all existing junkyards maintain valid permits to operate
issued by the Kentucky Department of Highways as required by the Kentucky
Revised Statutes 177.905 through 177.990, and he shall ensure that all screening
required by the Department of Highways is maintained. The Planning
Commission may authorize the Enforcement o cer to require that all existing
junkyards, in addition to the permit to operate, shall maintain valid certiﬁcates of
occupancy as non-conforming uses according to paragraph 5.31 of the Zoning
Ordinance.

A new junkyard may be permitted as a conditional use in Industrial Districts only
in full conformance with special conditions on a development plan and the
Kentucky Revised Statutes cited above. The development plan must be approved
by the Planning Commission prior to and subject to the issuance of a conditional
use permit.

2.5.3 SOLAR ENERGY SYSTEMS
Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only.

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PURPOSE
a. The purpose of this ordinance is to facilitate the siting, development,
construction, installation, and decommissioning of solar energy systems
(SESs) in Georgetown, Sadieville, Stamping Ground, and Scott County in a
predictable manner that promotes and protects the safety, health, and
welfare of the community. This ordinance encourages the appropriate
siting of SESs to bolster local economic development and job creation,
diversify the state’s energy portfolio, strengthen energy and grid security,
and reduce other environmental impacts. The appropriate siting of SESs
considers, avoids to the extent possible, and mitigates any adverse
impacts to wildlife, productive and nationally important agricultural lands,
forests, endangered species habitat, and historic, natural, and other
sensitive lands. The appropriate siting of SESs also establishes standards
and requirements to assure that the use and enjoyment of lands located
adjacent to an in the proximity of SESs are fully protected.
b. The requirements of this ordinance are intended to be supplemental to
any safety, health, or environmental requirements of federal, state, or
local laws, and regulations.

APPLICABILITY
a. This ordinance applies to the siting, construction, installation, and
decommissioning of any new SES within the jurisdiction Georgetown,
Sadieville, Stamping Ground, or Scott County after the e ective date of
this ordinance.
b. An SES in operation, or which has begun physical construction prior to
adoption of this ordinance, shall be considered to have legal
nonconforming status in accordance with KRS 100.253.
c. The following are not subject to this ordinance:
i.

Modiﬁcation to an existing SES that alone or in combination
increases the total SES Footprint by no more than 5% of the
original Footprint.

ii.

Routine maintenance and repair, including replacement of solar
panels, not increasing the SES Footprint

iii.

Any Exempt SES shall provide the Planning Commission, Board of
Adjustment or other authority having jurisdiction, and Fiscal Court
with information concerning service facilities which have been

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located on and relocated on private property in accordance with
KRS 100.324(3).
iv.

An SES shall comply with all applicable federal, state, and local
laws, regulations, and permitting and other requirements, and
applicable building, ﬁre electrical, and plumbing codes.

3. CONDITIONAL USE PERMIT REQUIREMENTS & ALLOWED USES
a. The table below outlines whether primary and accessory uses for SESs
are permitted (P), require a conditional use permit (CUP), or are prohibited
(N) in each zoning district. The table is organized by the type of SES and
whether the proposed system is a primary or accessory use on the site.
Integrated and rooftop SESs cannot be primary uses by deﬁnition and are
therefore marked as not applicable (N/A).
Zoning
District

Integrated
SES

Rooftop SES

A-1
A-1R
A-1S
A-5
C-1
H
R-1 (A, B, C)
R-2
R-3
P-1
P-1B
B-1
B-2
B-3
B-4
B-5

Prim.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A

Acc.
P
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P

Ground Mounted SES
Intermediate
Small Scale4
Scale
Prim. Acc.
Prim. Acc.
P
P
CUP
CUP
P
P
CUP
CUP
P
P
CUP
CUP
P
P
CUP
CUP
N
N
N
N
N
CUP
N
N
P
P
CUP
CUP
P
P
CUP
CUP
P
P
CUP
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P

Large Scale
Prim.
CUP
CUP
CUP
CUP
N
N
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP

Acc.
CUP
CUP
CUP
CUP
N
N
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP

These count as accessory only if their Footprint is less than 50% of the footprint of the primary
structure.
4

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BP-1
I-1
I-2
ESLI
4.

N/A
N/A
N/A
N/A

P
P
P
P

N/A
N/A
N/A
N/A

P
P
P
P

CUP
CUP
CUP
CUP

GENERAL REQUIREMENTS APPLICABLE TO INTEGRATED AND ROOFTOP 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 an Integrated or Rooftop SES.
Such easement 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 Georgetown – Scott County
Zoning Ordinance regarding tree removal if applicable.
c. HEIGHT RESTRICTIONS. A rooftop SES shall conform to any height
restrictions for roof-mounted mechanical devices or equipment for the
applicable zoning district and may exceed the maximum permitted height
for the structure type by no more than ﬁve (5) feet. A rooftop SES shall be
positioned on the roof so as not to extend above or beyond the edge of
any ridge, hip, valley, or eave, provided that where it is mounted on a
sloped roof, the SES shall not vertically exceed the highest point of the
roof to which it is attached by more than ﬁve (5) feet.
d. LIGHTING. Integrated and Rooftop SESs shall not be illuminated and shall
be designed and installed to prevent o -site glare.
e. HISTORIC PRESERVATION. Where an integrated or rooftop SES is
proposed to be installed on a property located within an historic district or
which is listed on or eligible for listing on the National Register of Historic
Places, the proposed installation shall be coordinated with any review
required by the Zoning Ordinance for exterior renovations or additions to
such structures.

GENERAL REQUIREMENTS APPLICABLE TO 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 an Integrated or Rooftop SES.
Such easement shall be recorded.

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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 Georgetown – Scott County
Zoning Ordinance regarding tree removal if applicable.
c. LIGHTING. Lighting of Ground Mounted SES shall be limited to the
minimum necessary for safe operation, and shall be directed downward,
incorporate full cut-o features, and incorporate motion sensors where
feasible. Lighting shall be designed to avoid light trespass.
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 Board of Adjustment or other authority having jurisdiction. The
height restriction excludes utility poles, storage batteries, and antennas
constructed for the project. A Ground Mounted SES may exceed twenty
(20) feet in height upon a ﬁnding that the SES would use less land, or
provide other environmental, economic, or other beneﬁts if the height
limitation is increased.
e. SITING RESTRICTIONS FOR GROUND MOUNTED SES
i.

An Intermediate or Large-Scale Ground Mounted SES, measured
from the closer of the outer edge of the nearest panel or perimeter
fencing, shall be located at least one hundred (100) feet from the
property line of any property zoned for residential or agricultural
use, at least thirty (30) feet from the property line of any property
zoned for commercial, business, industrial, o ce, or institutional
use, and at least one hundred (100) feet from the centerline of any
public road.

ii.

An Intermediate or Large Scale Ground Mounted SES, measured
from the closer of the outer edge of the nearest panel or perimeter
fencing, shall be located no closer than one hundred (100) feet
from a residence located on a property other than that on which
the Ground Mounted SES is to be installed.

iii.

Setbacks are not required where the property line is shared by two
or more participating landowners.

iv.

Setback requirements may be expanded by a Board of Adjustment
or other authority having jurisdiction, as a condition of approval of
a Conditional Use Permit, where deemed necessary to assure

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e ective screening. The Board of Adjustment shall state the
ﬁndings justifying the expanded setbacks.
f.

SCREENING. Ground Mounted SESs shall be e ectively screened from
properties zoned for residential use other than that on which the SES is to be
constructed.
i.

Ground Mounted SESs approved as a conditional use shall have or
install a visual bu er of natural vegetation, plantings, earth berms,
and/or fencing that provides an e ective visual and lighting screen
between the SES and properties zoned for residential use, unless
waived by the Board of Adjustment or other authority having
jurisdiction. If such a waiver is requested, it shall be the Applicant’s
responsibility to prove to the Board of Adjustment or other
authority having jurisdiction that the SES will be e ectively
screened from residentially zoned properties. Existing bu ers
along an SES perimeter shall be preserved when reasonably
practicable.

g. PROTECTION OF FARMLAND AND REVEGETATION OF DISTURBED
AREAS
i.

Compaction of soil associated with the location of roads and
installation staging areas for Intermediate and Large-Scale Ground
Mounted SES on land zoned for agricultural use shall be minimized
to the extent possible. Compaction of soil associated with the
location of roads and installation staging areas for all Ground
Mounted SES on land zoned for agricultural use that are classiﬁed
either as prime farmland or farmland of statewide importance shall
be avoided to the extent possible, and the soils shall be decompacted as part of the decommissioning process.

ii.

Upon completion of construction and installation of the Ground
Mounted SES, all temporary roads constructed by the applicant
shall be removed, and all disturbed areas shall be graded, decompacted, and reseeded with native vegetation in order to
establish an e ective ground cover and to minimize erosion and
sedimentation.

iii.

Topsoil shall not be removed. Grasses shall be maintained or
established. Herbicides and ground sterilant and gravel shall not
be used as a method of vegetative control, except around fences.

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Grasses, weeds, and wildﬂowers inside and outside the security
fence shall comply with all applicable requirements of the adopted
property maintenance code. The Board of Adjustment may waive
this requirement if the developer can show this requirement will
create an undue burden and an acceptable ground maintenance
plan is submitted with the conditional use permit application.
h. SIGNAGE. A Ground Mounted SES may include such signage as is
required by law to provide safety information, and other signage as may
be allowed under this Ordinance.
i.

DECOMMISSIONING. Other than as speciﬁcally approved by the Board of
Adjustment or other authority having jurisdiction upon application and
notice, decommissioning shall begin no later than twelve (12) months
after a Ground Mounted SES has ceased to generate electricity or thermal
energy:
i.

If the Ground Mounted SES was a permitted use without a
conditional use permit, all structures and facilities associated with
the SES shall be removed within six (6) months of the beginning of
decommissioning. All materials shall be recycled or otherwise
reused to the extent reasonably practicable and the disturbed
areas shall be reclaimed, revegetated, and restored consistent
with the zoning classiﬁcation of the property.

ii.

If the Ground Mounted SES was allowed under a conditional use
permit, the SES shall be decommissioned according to the
decommissioning plan approved in the Conditional Use Permit.

CONDITIONAL USE PERMIT APPLICATION REQUIREMENTS
a. Applications for an SES requiring a conditional use permit shall include
the following information:
i.

Name, address, telephone number, and email address of the
applicant, the project owner, and the project operator.

ii.

The address of the property on which the SES will be located and
the property owner’s name, address, telephone number, and email
address if available.

iii.

Documentation, such as a deed, lease, or other agreement with the
landowner, demonstrating the applicant’s right to use and control
the property.

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iv.

A topographic map that depicts vegetative cover, watersheds,
ﬂoodplains, and other geographic information about the property
and surrounding area.

A conceptual description of the project, including the maximum
number of modules, mounting type (ﬁxed-tilt or tracking), system
height, system capacity, total land area covered by the system,
and information about all associated structures or facilities such
as transformers, substations, feeder lines, and batter storage.

vi.

A conceptual site plan, including property lines, zoning
classiﬁcation of the property and all adjacent properties, existing
buildings and proposed structures, the proposed location of the
solar equipment, transmission lines, any associated structures and
facilities, and substations. The conceptual site plan shall also
identify existing and proposed temporary or permanent roads,
drives, and parking, fencing or other methods to ensure public
safety, and a visual bu er plan demonstrating how proposed visual
bu ers will e ectively screen the proposed SES from adjacent
properties zoned for residential use.

vii.

A map from the Natural Resources Conservation Service
identifying prime farmland and farmland of statewide importance
(if in a district zoned agricultural), documentation from the U.S.
Fish and Wildlife Service regarding the presence of any identiﬁed
critical habitat for rare or endangered federal or state species. The
application shall also contain a Federal Emergency Management
Agency map delineating ﬂoodplains, shall include evidence of any
water quality or stormwater permit needed for the project, and
shall contain a letter from the State Historic Preservation O ce
regarding known archaeological or cultural resources listed or
eligible for listing on the National Register.

viii.

Information demonstrating that approval of the SES will not result
in any disproportionate individual or cumulative environmental
burden on low-income communities or communities of color.

ix.

A decommissioning plan prepared by a registered professional
engineer, and updated every three (3) years, containing the
following:

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1. The anticipated life of the project and deﬁned conditions
upon which decommissioning will be initiated;
2. The estimated decommissioning cost, including removal of
the SES and related foundations, pads, underground
collector lines and road, and the salvage value of any
equipment in current dollars and the calculations
supporting the decommissioning estimate. The estimated
salvage value of the material using current, publicly
available material indices and/or ﬁrm quotes from a
decommissioning or recycling company experienced in the
decommissioning of SES, shall be provided, and the Board
of Adjustment or other authority having jurisdiction shall
consider the salvage value identiﬁed in 9.b in computing the
amount, if any, of ﬁnancial assurance required under
subsection 9.e;
3. The manner in which the project will be decommissioned,
including provision and a timetable for the removal of all
structures and foundations, and for the revegetation and
restoration of the property to its original condition or a
condition compatible with the zoning or the parcel(s);
4. The party responsible for decommissioning;
5. Security, su cient to cover the net costs identiﬁed in 9.b
and to assure that decommissioning of the site can be
achieved by a third party in the event that a permittee
defaults in that obligation, shall be provided in accordance
with Section 600 of the Subdivision & Development
Regulations.
6. A copy of any lease containing speciﬁc agreements
regarding decommissioning with the landowner;
x.

Proof of adequate casualty and liability insurance covering
installation and operation of the SES;

xi.

A description of the measures that will be taken to minimize
erosion and sedimentation, and to promptly stabilize and
revegetate disturbed areas with native vegetation.

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xii.

Where the applicant for a Conditional Use Permit is also seeking a
construction certiﬁcation pursuant to KRS 278.700 – 278.716, the
applicant may submit a copy of a complete state siting board
application and site assessment report meeting the requirements
of KRS 278.706 and 278.7008 in lieu of the above requirements of
Section 7(a) subsections 1-7

b. A conditional use permit issued by a Board of Adjustment or other
authority having jurisdiction shall include, at a minimum, all requirements
of Section 7 of this Ordinance, and any additional conditions deemed by
the Board necessary or appropriate pursuant to KRS 100.237 to allow the
proper integration of the proposed SES into the zone and location in
which it is proposed.
7.

PUBLIC NOTICE AND PUBLIC COMMENT
a. Public notice of an application for a conditional use permit for a Ground
Mounted SES shall conform to the public notice requirements generally
applicable to conditional use permit applications. The public notice and
hearing requirements of this Chapter shall be in addition to and
independent of any local hearing conducted pursuant to KRS 278.712.

2.5.4

ASSISTED LIVING FACILITIES

Adopted 09/03/1998 City of Georgetown Ord. 98-020 & 09/14/1998 Scott County Ord.
98-06.
1.

GENERAL STANDARDS: No Certiﬁcate of Occupancy shall be issued prior to
certiﬁcation of compliance with the (Voluntary) Certiﬁcation of Assisted Living
Residences standards (905 KAR 5:080, KRS 209.200, KRS Chapter 13B). This
requirement can be met by written notice from the Cabinet for Families and
Children or a statement of intended compliance signed by the owner,
engineer/architect, and management group addressing each of the
requirements of the Voluntary Certiﬁcation Program.
a. No Certiﬁcate of Occupancy shall be issued prior to the issuance of
required permits and certiﬁcates by federal, state, and local agencies and
all required conditions of approval by the Board of Adjustments and the
Planning Commission.

LOCATIONAL STANDARDS: Development shall be located on an arterial street,
collector street, or sub-collector street. O -site grocery and other commercial

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and medical conveniences should be within the ability of aged persons to reach
them easily by one of three ways: by walking safely to them (within 2,000 feet on
level sidewalks); by transportation provided by project and facility owners with
frequent daily schedule service within a 5-10 minute ride to grocery and other
commercial and medical conveniences; or by readily available public transit
(transit stop or bus shelter at a main entrance to the development) at such time
that public transit becomes available.
a. The location, design, and operating characteristics of the use shall be
compatible with and not adversely a ect adjacent properties and the
surrounding area.
b. The proposed development shall be harmonious with surrounding
buildings with respect to scale, architectural design, and building
placement. The street network shall be capable of accommodating the
tra c generated by the proposed use.
3.

SITE STANDARDS:
a. Minimum lot size: To be based on the zoning district within which the
development is located and based on the building ground coverage of
such district. The maximum allowable density for such developments
shall be calculated by the following formula:
i.

For residential units between 400-800 square feet without
standard kitchen areas, the density within each district may be
increased by 1.5 (for R-2 = 18 units per net acre; R-3 = 24 units per
net acre).

ii.

For residential units greater than 800 square feet in size, the
density within each district may be increased by 1.25 (R-2 = 15
units per net acre; R-3 = 20 units per net acre).

iii.

For those units with standard kitchen areas, the density for each
district shall apply.

iv.

In the P-1 and P-1B districts, the density shall be the same as the
R-3 standards.

Requests for an increase in the number of units per building may
be approved by the Board of Adjustments as part of the
Conditional Use Approval.

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AREA REGULATIONS: All buildings shall be set back from the street right-of-way
and from all property lines as required by the zoning district within which the
development is located except: Where adjacent to a residential or agricultural
zoning district, the minimum setback shall be 50 feet. Where adjacent to a state
highway, the minimum setback shall be 50 feet.

ADMINISTRATIVE PROCEDURES FOR ASSISTED LIVING FACILITIES: An
application for Conditional Use approval shall be ﬁled with the Board of
Adjustments o ce for their regular scheduled meeting, unless otherwise noted.
An application for Development Plan approval for an assisted living facility shall
be ﬁled with the Planning Commission. Each application shall be accompanied by
the required development plans drawn to scale, as outlined in Article II, Sections
2.3 and 2.9, and prepared by a licensed engineer. Such site plan shall be reviewed
by the Planning Commission and the Technical Review Committee, and the
comments reported to the Planning Commission. The following information shall
be included in addition to the requirements for development plans, but not
limited to: The location and legal description, including the appropriate tax map
and parcel identiﬁcation, of the proposed assisted living facility. Plans and
speciﬁcations of all buildings, improvements and facilities constructed or to be
constructed within the development, including building elevations and ﬂoor plan.
A table attached on the plan or as an addendum, identifying the number of
residential units, by bedroom size and the gross square foot area of each unit
size. A description of common and specialized services to be provide to the
residents. A landscaping plan, including all required screening and bu ering. The
location, height, focal direction, and lighting levels (intensity), in foot candles, of
all external lighting structures.
a. A preliminary project development, construction and occupancy
schedule. The schedule shall demonstrate the applicant’s readiness,
ability to provide facilities and services.

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b. Development Plan approval shall be contingent upon issuance of all
required permits and approvals from federal, state, and local authorities.
Drainage and erosion control plan. Such other architectural and
engineering data as may be required by the Planning Commission to
determine compliance with the provisions of the Zoning Ordinance and
Subdivision and Development Regulations.
6.

2.5.5

Note: These areas that contain Assisted Living Facilities may also reasonably
contain attached or separate Nursing Home (Rest Home) Facilities, Elderly
Apartment Building(s), duplexes for the elderly or single-family residences for the
elderly.

TELECOMMUNICATION TOWERS

Adopted 09/13/1998 Scott County Ord 98-07 & 12/5/2002 City of Georgetown, Ord 02032.

The following regulation is based upon the requirements outlined within HB 270.
1.

PURPOSE:
a. The purposes of these regulations are:

To provide for the safest and most e cient integration of cellular
antenna towers for cellular telecommunications services or
personal communications services within the community;

ii.

To provide for such facilities in coordination with the
recommendations of the comprehensive plan; and

iii.

To allow for such facilities with the intention of furthering the
public health, safety, and general welfare.

PRE-APPLICATION CONFERENCE: Applicants are encouraged to notify the
Planning Commission to discuss proposals, allow for early coordination and to
identify those items which are in conformance/nonconformance with the
adopted Comprehensive Plan, Zoning Ordinance, and the provisions of these
regulations.

3. DEFINITIONS: For the purposes of these regulations, the following deﬁnitions shall
apply:
a. CELLULAR ANTENNA TOWER means a tower constructed for, or an existing
facility that has been adapted for, the location of transmission or related

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equipment to be used in the provision of cellular telecommunications
services or personal communications services.

b. CELLULAR TELECOMMUNICATIONS SERVICE means a retail
telecommunications service that uses radio signals transmitted
through cell sites and mobile switching stations.
c. CO-LOCATION means locating two (2) or more transmission antennas
or related equipment on the same cellular antenna tower or other
applicable structure.
d. DEVELOPMENT PLAN means a presentation in the form of sketches,
maps and drawings (plans and proﬁles) of a proposed use and/or
structure by the owner or developer of the land which sets forth in
detail the intended development, according to the standards and
procedures in Article IV (Development Approval Procedure) and
Articles V through VIII.
e. GSCPC means Georgetown-Scott County Planning Commission or
Planning Commission
f. PERSONAL COMMUNICATION SERVICE has the meaning as deﬁned in
47 U.S.C. sec. 332(c).
g. UNIFORM APPLICATION means an application to construct a cellular
antenna tower submitted to a planning commission in conformity with
KRS 100.987 and KRS (section number not yet assigned).
h. UTILITY has the meaning as deﬁned in KRS 278.010(3).
i.

ANTENNAS OR RELATED EQUIPMENT means transmitting, receiving,
or other equipment used to support cellular telecommunications
service or personal communications service. This deﬁnition does not
include towers.

GENERAL: Cellular antenna towers for cellular telecommunications services or
personal communications services may be allowed in any zone after review by
the Planning Commission in accordance with the following procedures to
ascertain agreement with the adopted Comprehensive Plan and the regulations
contained within the Zoning Ordinance.

APPLICABILITY: Every utility, or a company that is engaged in the business of
providing the required infrastructure to a utility, that proposes to construct an

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antenna tower for cellular telecommunications services or personal
communications services shall submit a completed uniform application to the
planning commission. The Planning Commission shall not regulate the
placement of antennas or related equipment on an existing structure (colocation).
6.

APPLICATION REQUIREMENTS: Applications for the construction of cellular
antenna towers for cellular telecommunications services or personal
communications services shall include the following:
a. The full name and address of the applicant.
b. The applicant's articles of incorporation, if applicable.
c. A geotechnical investigation report, signed and sealed by a professional
engineer registered in Kentucky, that includes boring logs and foundation
design recommendations.
d. A written report, prepared by a professional engineer or land surveyor, of
ﬁndings as to the proximity of the proposed site to ﬂood hazard areas.
e. Clear directions from the City of Georgetown (i.e., the county seat) to the
proposed site, including highway numbers and street names, if applicable,
with the telephone number of the person who prepared the directions.
f.

The lease or sale agreement for the property on which the tower is
proposed to be located, except that, if the agreement has been ﬁled in
abbreviated form with the Scott County Clerk, an applicant may ﬁle a copy
of the agreement as recorded by the county clerk and, if applicable, the
portion of the agreement that speciﬁes, in the case of abandonment, a
method that the utility will follow in dismantling and removing the
proposed cellular antenna tower including a timetable for removal.

g. The identity and qualiﬁcations of each person directly responsible for the
design and construction of the proposed tower.
h. A (site) development plan or survey, signed and sealed by a professional
engineer registered in Kentucky, that shows the proposed location of the
tower and all easements and existing structures within ﬁve hundred (500)
feet of the proposed site on the property on which the tower will be
located, and all easements and existing structures within two hundred
(200) feet of the access drive, including the intersection with the public
street system.

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A vertical proﬁle sketch of the tower, signed and sealed by a professional
engineer registered in Kentucky, indicating the height of the tower and
the placement of all antennas.

The tower and foundation design plans and a description of the standard
according to which the tower was designed, signed, and sealed by a
professional engineer registered in Kentucky.

k. A map, drawn to a scale no less than one (1) inch equals two hundred
(200) feet, that identiﬁes every structure and every owner of real estate
within ﬁve hundred (500) feet of the proposed tower.
l.

A statement that every person who, according to the records of the
property valuation administrator, owns property within ﬁve hundred (500)
feet of the proposed tower or property contiguous to the site upon which
the tower is proposed to be constructed, has been:
i.

Notiﬁed by certiﬁed mail, return receipt requested, of the proposed
construction which notice shall include a map of the location of
the proposed construction.

ii.

Given the telephone number and address of the local planning
commission; and

iii.

Informed of his or her right to participate in the planning
commission's proceedings on the application.

m. A list of the property owners who received the notice, together with
copies of the certiﬁed letters sent to the listed property owners.
n. A statement that the chief executive o cer of the appropriate and
a ected local government and the legislative body (City of Georgetown,
Scott County Fiscal Court, Town of Stamping Ground, Town of Sadieville)
have been notiﬁed, in writing, of the proposed construction.
o. A copy of the notice sent to the chief executive o cer of the appropriate
and a ected local government and the legislative body (see #14).
p. A statement that:
i.

a written notice, of durable material at least two (2) feet by four (4)
feet in size, stating that "[Name of applicant] proposes to
construct a telecommunications tower on this site" and including
the addresses and telephone numbers of the applicant and the
planning commission, has been posted in a visible location on the
proposed site; and

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ii.

a written notice, at least two (2) feet by four (4) feet in size, stating
that "[Name of applicant] proposes to construct a
telecommunications tower near this site" and including the
addresses and telephone numbers of the applicant and the
planning commission, has been posted on the public road nearest
the site.

q. A statement that notice of the location of the proposed construction has
been published in a newspaper of general circulation in the county in
which the construction is proposed.
r.

A brief description of the character of the general area in which the tower
is proposed to be constructed, which includes the existing land use and
zoning for the speciﬁc property involved.

s. A statement that the applicant has considered the likely e ects of the
installation on nearby land uses and values and has concluded that there
is no more suitable location reasonably available from which adequate
service to the area can be provided, and that there is no reasonably
available opportunity to locate its antennas and related facilities on an
existing structure (i.e., co-locate), including documentation of attempts
to locate its antennas and related facilities on an existing structure, if any,
with supporting radio frequency analysis, where applicable, and a
statement indicating that the applicant attempted to locate its antennas
and related facilities on a tower designed to host multiple wireless service
providers' facilities or on an existing structure, such as a
telecommunications tower or other suitable structure capable of
supporting the applicant's antennas and related facilities.
t. A map of the area in which the tower is proposed to be located, that is
drawn to scale, and that clearly depicts the necessary search area within
which an antenna tower should, pursuant to radio frequency
requirements, be located.
u. A grid map that shows the location of all existing cellular antenna towers
and that indicates the general position of proposed construction sites for
new cellular antenna towers within an area that includes:
i.

all of the planning unit's jurisdiction; and

ii.

a one-half (1/2) mile area outside of the boundaries of the planning
unit's jurisdiction, if that area contains either existing or proposed
construction sites for cellular antenna towers.

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CONFIDENTIALITY OF APPLICATION: All information contained in the
application and any updates, except for any map or other information that
speciﬁcally identiﬁes the proposed location of the cellular antenna tower then
being reviewed, shall be deemed conﬁdential and proprietary within the meaning
of KRS 61.878. The planning commission shall deny any public request for the
inspection of this information, whether submitted under Kentucky's Open
Records Act or otherwise, except when ordered to release the information by a
court of competent jurisdiction. Any person violating this subsection shall be
guilty of o cial misconduct in the second degree as provided under KRS
522.030. The conﬁdentiality of the applications and any updates of the
application can be waived by the written authorization of the applicant.

APPLICATION FEE: An applicant for the construction of cellular antenna towers
for cellular telecommunications services or personal communications services
shall pay an application fee in the amount of $2500 upon submission of a
uniform application.5 This fee includes review of the Planning Commission based
upon the required development plan, review of the Planning Commission for
grading and construction plans as deﬁned by the Subdivision & Development
Regulations, review and permitting by the Building Department, and review and
permitting by the Electrical Inspector’s O ce. Applications for co-location of
antenna(e) on an existing structure shall pay an application fee in the amount of
$250. This fee includes review of the Planning Commission for grading and
construction plans (if needed) as deﬁned by the Subdivision & Development
Regulations, review and permitting by the Building Department, and review and
permitting by the Electrical Inspector’s O ce.

PROCESSING OF APPLICATION: Applications for the construction of cellular
antenna towers for cellular telecommunications services or personal
communications services shall be processed as follows:
a. At least one (1) public hearing on the proposal shall be held, at which
hearing interested parties and citizens shall have the opportunity to be
heard. Notice of the time and place of such hearing shall be published at
least once, in a newspaper of general circulation in Scott County, provided
that one (1) publication occurs not less than seven (7) calendar days nor

5. Note that $2,500 is the maximum aggregate amount for an application fee and any applicable
building permit fees per HB 270, Section 4.

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more than twenty-one (21) calendar days before the occurrence of such
hearing.
b. Notice of the proposal shall be posted on the site at least fourteen (14)
days in advance of the hearing. Such notice shall consist of a written
notice, of durable material at least two (2) feet by four (4) feet in size,
stating that "[Name of applicant] proposes to construct a
telecommunications tower on this site" and including the addresses and
telephone numbers of the applicant and the planning commission. Notice
of the proposal shall also be posted on the public road nearest the site.
Such notice shall consist of a written notice, of durable material at least
two (2) feet by four (4) feet in size, stating that "[Name of applicant]
proposes to construct a telecommunications tower near this site " and
including the addresses and telephone numbers of the applicant and the
Planning Commission.
c. Notice of the hearing shall be given at least fourteen (14) days in advance
of the hearing, by certiﬁed mail, return receipt requested, to the owner of
every parcel of property within ﬁve hundred (500) feet of the proposed
tower or property contiguous to the site upon which the tower is
proposed to be constructed. Said notice shall include a map of the
location of the proposed construction, the telephone number and address
of the planning commission and shall inform the addressee of his or her
right to participate in the planning commission's proceedings on the
application. Records maintained by the property valuation administrator
may be relied upon conclusively to determine the identity and address of
said owner. In the event such property is in condominium or cooperative
forms of ownership, then the person notiﬁed by mail shall be the
president or chairperson of the owner group which administers property
commonly owned by the condominium or cooperative owners. A joint
notice may be mailed to two or more co-owners of an adjoining property
who are listed in the property valuation administrator's records as having
the same address.
d. Upon holding such hearing, the planning commission shall, within sixty
(60) days commencing from the date that the application is received by
the Planning Commission, or within a date speciﬁed in a written
agreement between the Planning Commission and the applicant, make its
ﬁnal decision to approve or disapprove the uniform application.

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e. If the Planning Commission fails to issue a ﬁnal decision within sixty (60)
days, and if there is no written agreement between the Planning
Commission and the utility to a speciﬁc date for the Planning Commission
to issue a decision, it shall be presumed that the Planning Commission
has approved the utility's uniform application.
10.

DESIGN STANDARDS: The applicant shall provide information demonstrating
compliance with the following requirements. Where the Planning Commission
ﬁnds that circumstances or conditions relating to the particular application are
such that one or more of the requirements listed below are not necessary or
desirable for the protection of surrounding property or the public health, safety,
and general welfare, and that such special conditions or circumstances make
one or more said requirements unreasonable, the Planning Commission, or its
duly authorized representative, may modify or waive such requirement, either
permanently or on a temporary basis. Any such modiﬁcation or waiver shall be
requested by the applicant, and the applicant shall submit a written justiﬁcation
for each requested modiﬁcation or waiver.
a. Monopole cellular antenna towers shall be permitted in any zone. Lattice
and guyed cellular antenna towers shall be permitted in any zone except
for residential zones. Monopole cellular antenna towers in residential
zones shall be limited to 100 feet in height, unless otherwise approved by
the Planning Commission as approved as a variance request and as part
of the required development plan.
b. Lattice and guyed cellular antenna towers constructed in an agricultural
zone shall be located a minimum distance of not less than 250 feet from
all existing residential structures.
c. Setbacks for all structures constructed in connection with cellular
antenna towers, except fences and/or guy wires, shall be a minimum
distance from the property line or lease line equal to the setback of the
respective district plus one-half (1/2) the height of the tower. All
structures constructed in connection with stealth towers shall comply
with the applicable setback requirements established for other structures
within the applicable zoning district. Stealth towers that are to be located
as part of a utility service facility (e.g. power pole or telephone pole) shall
comply with setback requirements applicable to such utility service
facilities, if any. No tower may be located closer than ﬁfty (50) feet to any
property line.

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d. A cellular antenna tower, or alternative antenna tower structure, may be
constructed to a maximum height of two hundred (200) feet regardless of
the maximum height requirements listed in the speciﬁc zoning district.
This also applies to any tower taller than ﬁfteen (15) feet constructed on
the top of another building or structure, with the height being the overall
height of building/structure and tower together, measured from the grade
at ground level to the highest point of the tower. The Planning
Commission may allow antennas greater than two hundred (200) feet in
height upon review of the applicant's justiﬁcation that the additional
height meets the criteria identiﬁed in Subsection K.
e. The cellular antenna tower shall be constructed in compliance with the
current ANSI/EIA/TIA 222-F standards and other applicable state
standards.
f.

Cellular antenna towers shall not be illuminated, except in accordance
with other state or federal regulations.

g. The site shall be unsta ed or unmanned. Personnel may periodically visit
the site for maintenance, equipment modiﬁcation, or repairs. To
accommodate such visits, ingress/egress shall only be from approved
access points as shown on the approved development plan subject to the
entrance requirements outlined in the Subdivision & Development
Regulations or of KYTC-District 7 (where applicable).
h. Woven wire or chain link (eighty (80) percent open) or solid fences made
from wood or other materials (less than ﬁfty (50) percent open) shall be
used to enclose the site. Such fences shall not be more than eight (8) feet
in height. The use of barbed wire or sharp pointed fences shall be
prohibited. Such fence may be located within the front, side, or rear yard.
i.

Screening shall be provided by evergreen trees, with a minimum height of
six (6) feet, planted in a staggered pattern at a maximum distance of ten
(10) feet on center. The Director of Development Services may increase
the distance between plantings based on the type (species) of evergreen
tree and its growth characteristics. The screening shall be placed in an
area between the property line, or lease line, and a ten (10) foot setback. A
break in the hedge, not to exceed ﬁfteen (15) feet in width, shall be
allowed for access of maintenance personnel and vehicles.

Surfacing of all driveways and o -street parking areas shall comply with
the requirements of the applicable Subdivision & Development

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Regulations and be at least constructed of gravel or other durable
surface. The Planning Commission may require alternative surface
materials based on grade, construction and potential for erosion.
k. There shall be no signs permitted, except those displaying emergency
information, owner contact information, warning or safety instructions, or
signs which are required by a federal, state, or local agency. Such signs
shall not exceed ﬁve (5) square feet in area.
l.

All new cellular antenna towers shall be designed and constructed to
accommodate a minimum of three (3) service providers.

m. All option and site lease agreements shall not prohibit the possibility of
co-location.
11.

CRITERIA
a. Approval or disapproval of the proposal shall be based upon an evaluation
of the proposal’s agreement with the Comprehensive Plan, Zoning
Ordinance and applicable Subdivision & Development Regulations.
b. The Planning Commission may require the applicant to make a reasonable
attempt to co-locate additional transmitting or related equipment. The
Planning Commission may provide the location of existing cellular
antenna towers on which the Commission deems the applicant can
successfully co-locate its transmitting and related equipment. If the
Planning Commission requires the applicant to attempt co-location, the
applicant shall provide the Planning Commission with a statement
indicating that the applicant has:
i.

Successfully attempted to co-locate on towers designed to host
multiple wireless service providers' facilities or existing structures
such as a telecommunications tower or another suitable structure
capable of supporting the applicant's facilities, and that identiﬁes the
location of the tower or suitable structure on which the applicant will
co-locate its transmission and related facilities; or

ii.

Unsuccessfully attempted to co-locate on towers designed to host
multiple wireless service provider's facilities or existing structures
such as a telecommunications tower or another suitable structure
capable of supporting the applicant's facilities and that:
1. Identiﬁes the location of the towers or other structures on
which the applicant attempted to co-locate; and

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2. Lists the reasons why the co-location was unsuccessful in
each instance.
c. The Planning Commission may deny a uniform application to construct a
cellular antenna tower based on an applicant's unwillingness to attempt
to co-locate additional transmitting or related equipment on any new or
existing towers or other structures.
d. The Planning Commission shall not regulate the placement of a cellular
antenna tower on the basis of the environmental e ects of radio
frequency emissions to the extent that the proposed facility complies
with the regulations of the Federal Communications Commission
concerning radio frequency emissions.
12. AMENDMENTS: Any amendments to plans, except for minor adjustments as determined
by the Planning Commission, or its duly authorized representative, and it accordance
with the procedures outlined in the Subdivision & Development Regulations, shall be
made in accordance with the procedure required by Subsection F, subject to the same
limitations and requirements as those under which such plans were originally approved.

2.5.6

SMALL WIRELESS FACILITIES & SMALL CELL TOWERS

Adopted 02/22/2021 City of Georgetown Ord 2021-01. In e ect in city only.
1.

PURPOSE: These regulations balance the need for new Small Wireless Facilities
and Small Cell Towers with the impacts new Small Cell Towers have on adjacent
land uses; provide for the safest and most e cient integration of cellular
antenna facilities for Cellular Telecommunications Services or Personal
Communications Services within the community; provide for these facilities in
coordination with the recommendations of the City of Georgetown
Comprehensive Plan; and, to further the public health, safety, and general
welfare of the City of Georgetown.

TITLE: These regulations shall be known as the Regulations for Small Wireless
Facilities and Small Cell Towers in the City of Georgetown and may be referred to
as “these regulations.”

AUTHORIZATION: These regulations are adopted pursuant to authority granted
to planning commissions in the Commonwealth of Kentucky, by Kentucky
Revised Statutes (KRS) 100.985 – 100.987.

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CITATIONS OF KENTUCKY REVISED STATUTES: Whenever a provision of these
regulations cites a provision of the Kentucky Revised Statutes (KRS) and that
provision is later amended or superseded, these regulations shall be deemed
amended to refer to the amended provision, or to the provision that most closely
corresponds to the superseded provision.

APPLICABILITY: These regulations apply to every Utility or company that is
engaged in the business of providing the required infrastructure to a Utility that
proposes to construct a Small Wireless Facility or Small Cell Tower for Cellular
Telecommunications Services or Personal Communications Services. These
regulations also apply to towers that do not meet the requirements of minor
adjustments, in accordance with Section 2.559 these regulations.

RELATIONSHIP TO APPLICABLE CODES: These regulations are not intended to
supersede in any way the requirements of the local zoning ordinance or the
requirements of the Kentucky Building Code.

STATEMENT OF SEVERABILITY: It is the intention that the articles, sections,
subsections, sentences, clauses, and phrases of these regulations are severable.
a.

If any article, section, subsection, sentence, clause, or phrase is declared
unconstitutional, or otherwise invalid by a court of competent jurisdiction
in a valid judgement or decree, that unconstitutionality or invalidity shall
not a ect the remaining articles, sections, subsections, sentences,
clauses, and phrases. These regulations would have been adopted
without the incorporation into these regulations of the unconstitutional
article, section, subsection, sentence, clause, or phrase.

STATUS AS MINIMUM STANDARDS: In their interpretation and application, these
regulations shall be viewed as minimum standards or requirements, adopted for
promotion of the public health, safety, and general welfare. Whenever these
regulations conﬂict with a requirement of any other lawfully adopted rule,
regulation, ordinance, order, or resolution, the most restrictive or that imposing
the higher standards shall govern.

COMPLIANCE REQUIRED: Except as hereinafter speciﬁed, no Small Wireless
Facility, Small Cell Tower or Non-Tower Wireless Communication Facility shall
hereafter be placed or constructed except in conformity with these regulations.

10.

BURDEN OF PROOF: The burden demonstrating that an Application subject to
these regulations complies with applicable review and approval standards is
placed upon the Applicant. The burden is not placed upon the Sta , the Planning

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Commission, or other parties to show that the standards have been met by the
Applicant or person responsible for the development.

2.552

DEFINITIONS
ANTENNAS OR RELATED EQUIPMENT: Any transmitting, receiving
or other equipment used in conjunction with a Wireless
Communications Facility. The term includes Utility or Transmission
Equipment, antennas, radios, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters,
or similar equipment. This deﬁnition does not include Cellular
Antenna Towers.
APPLICANT: A person or entity who is authorized by the provisions
of these regulations to ﬁle an Application for approval under these
regulations.
APPLICATION: An Application is the completed form or forms and
all accompanying documents, exhibits, and fees required of an
Applicant by Sta or the Planning Commission as part of a
submission for review.
BASE STATION: A structure or equipment at a ﬁxed location that
enables Federal Communications Commission-licensed or
authorized wireless communication between user equipment and a
communication network. The term does not include Cellular
Antenna Tower as deﬁned in this section or any equipment
associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed
wireless services and ﬁxed wireless services such as microwave
backhaul.
A. The term includes, but is not limited to, radio transceivers,
antennas, coaxial or ﬁber-optic cable, regular and backup power
supplies, and comparable equipment regardless of technological
conﬁguration (including Small Wireless Facilities).

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B. The term includes any structure other than a Cellular Antenna
Tower that, at the time the required Application is ﬁled with the
Planning Commission under this subsection, supports or houses
equipment described in sub-paragraph (A) of this deﬁnition that
has been reviewed and approved under the applicable zoning or
siting process even if the structure was not built for the sole or
primary purpose of providing such support.

C. The term does not include any structure that, at the time the
required Application is ﬁled with the Planning Commission under
this deﬁnition, does not support or house equipment described in
this deﬁnition.

CELLULAR ANTENNA TOWER: A tower constructed for, or an
existing facility that has been adapted for, the location of
transmission or related equipment to be used in the provision of
Cellular Telecommunications Services or Personal Communication
Services.
CELLLULAR TELECOMMUNICATIONS SERVICES: A retail
telecommunications service that uses radio signals transmitted
through cell sites and mobile switching stations.
CO-LOCATION: Locating two (2) or more transmission Antennas or
Related Equipment on the same Cellular Antenna Tower.
NON-TOWER WIRELESS COMMUNICATIONS FACILITIES: Wireless
Communications Facilities other than tower-based wireless
communications that are located on buildings, Utility Poles as
deﬁned by the section, and other existing structures.
PERSONAL COMMUNICATION SERVICES: Commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange access services as deﬁned in 47 U.S. C. sec. 332(c).
PLANNING COMMISSION: The term “Planning Commission” shall
mean the Georgetown – Scott County Planning Commission.

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RIGHT-OF-WAY: The surface of and space above and below any
real property in the municipality in which the federal government,
Commonwealth, municipality, or municipal authority has a
regulatory interest, or interest as a trustee for the public, as such
interests now or hereafter exist, including, but not limited to, all
streets, highways, avenues, roads, alleys, sidewalks, tunnels,
bridges, or any other public place, area, or property under the
control of the federal government, Commonwealth, municipality, or
municipal authority. Private Rights-Of-Way and other governmentowned lands not listed above shall not be considered a Right-ofWay. The phrase “in the Right(s)-Of-Way” means in, on, over, along,
above and/or under the Right(s)-Of-Way.
SMALL CELL TOWER: Any structure under ﬁfty (50) feet in height
with an antenna or transmitter that is constructed for the sole or
primary purpose of supporting any Federal Communications
Commission – licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless
communications services including but not limited to, private,
broadcast, and public safety services, as well as unlicensed
wireless services and ﬁxed wireless services such as microwave
backhaul, and the associated site. A pole originally installed for the
primary purpose of supporting wireless telecommunications
equipment, regardless of the timeframe between pole installation
and connection/implementation of Transmission Equipment, is
considered a SmallCell Tower, and is not a Utility Pole. The term
Small Cell Tower includes structures erected to support Antennas
and Related Equipment, mini cell towers, distributed antenna
system towers, micro cell towers, mini cells, Wi-Fi antennas, or
similar technology.
SMALL WIRELESS FACILITY: A Wireless Communications Facility
that meets each of the following conditions: (i) Each antenna
associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet in volume; and (ii) All

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other wireless equipment associated with the structure, including
the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28
cubic feet in volume.
STAFF: Those employees of the City of Georgetown and Scott
County assigned to support and/or administer the powers and
duties proscribed to the Planning Commission.
STEALTH TECHNOLOGY: Design techniques used to blend objects
into the surrounding environment and to minimize visual impact.
These design techniques may be applied to wireless
communications towers, antennas, and other facilities, which blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it less visible to the casual observer.
Such methods include but are not limited to facilities constructed
to resemble light poles, ﬂag poles or other streetscape amenities.
The use of additional features such as ﬂags, decorative
streetlamps, and banners or signs may be utilized to blend the
proposed facility into the visual backdrop.
TRANSMISSION EQUIPMENT: Equipment that facilitates
transmission for any Federal Communications Commissionlicensed or authorized wireless communication service, including,
but not limited to, radio transceivers, antennas, coaxial or ﬁberoptic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and ﬁxed
wireless services, such as microwave backhaul.
UTILITY: Has the meaning as deﬁned in KRS 278.010(3).
UTILITY, OVERHEAD: Utility infrastructure that is located primarily
above ground as determined by Sta . For purposes of these

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regulations, Overhead Utilities include but are not limited to power
lines and communications lines.
UTILITY POLE: A structure originally constructed for the support of
electrical, telephone, cable television or other video services, street
lighting, or other similar cables and located within the Right-Of-Way
or Utility easements. A pole originally installed for the primary
purpose of supporting wireless telecommunications equipment,
regardless of the timeframe between pole installation and
connection/implementation of Transmission Equipment, is
considered a Small Cell Tower, and is not a Utility Pole.
UTILITY, UNDERGROUND: Utility infrastructure that is located
primarily underground as determined by Sta . For purposes of
these regulations, utilities include but are not limited to water lines,
sanitary sewer lines, storm sewer lines, culverts, natural gas lines,
power lines, and communications lines. This deﬁnition does not
include electric transformers, switch boxes, telephone pedestals,
and telephone boxes, tra c boxes, and similar devices which are
ground mounted.
WIRELESS COMMUNICATIONS FACILITY: The set of equipment
and network components including antennas, transmitters,
receivers, Base Stations, cabling, and Antenna or Related
Equipment, used to provide wireless data and telecommunication
services.
11.

PRE-APPLICATION CONFERENCE
a. A pre-application conference is optional and is not required. A preapplication conference does not trigger any of the FCC’s shot clock
requirements for placement of Small Wireless Facilities or Small Cell
Towers. Applicants may contact Sta and request a pre-application
conference. Upon receipt of this request, Sta will set up the meeting
which shall include Sta , the Applicant, and any applicable Utility
providers, the local jurisdiction, and the owner of the Right-Of-Way or

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property on which the Small Wireless Facility or Small Cell Tower is
proposed to be installed. A pre-application conference allows for early
coordination by identifying existing structures that might be suitable for
collocation and identifying any other items which are in
conformance/non-conformance with the Comprehensive Plan, local
zoning ordinance, and/or the provisions of these regulations. A preapplication conference provides an opportunity for an initial discussion
regarding proposed structure locations, design and the Application
submittal, approval process and coordination with utilizes for possible use
of pre-existing structures. Applicants desiring to have a pre-application
conference should supply the Applicant’s preferred locations, structure
design style and structure height one week prior to the pre-application
conference or upon request for a pre-application conference.
12.

APPLICATION SUBMITTAL
a. Prior to making an Application for a Small Wireless Facility, a Small Cell
Tower, or a Non-Tower Wireless Communications Facility in the Rights-OfWay, an Applicant must ﬁrst obtain a franchise from the City, unless
Applicant already possesses a franchise from the City or the
Commonwealth. All proposed Small Wireless Facilities, Small Cell Towers,
or Non-Tower Wireless Communications Facilities shall be subject to
administrative review and approval by Sta or the Planning Commission.
The factual determination approving or rejecting such plans shall be
made in accordance with requirements of this and other applicable
sections of these regulations and the Comprehensive Plan. One
Application for multiple proposed Small Wireless Facilities is encouraged
whenever possible.

13.

REQUESTED APPLICATION INFORMATION
a. All information contained in the Application and any updates, except for
any map or other information that speciﬁcally identiﬁes the proposed
location of the facilities then being reviewed, shall be deemed conﬁdential
and proprietary within the meaning of KRS 61.878. The Planning
Commission shall deny any public request for inspection of this
information, whether submitted under Kentucky’s Open Records Act or
otherwise , except when ordered to release the information by a court of
competent jurisdiction.

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b. Applicants for the construction of Small Wireless Facilities and/or Small
Cell Towers for Cellular Telecommunications Services or Personal
Communications Services may choose to provide either the Uniform
Application per KRS 100.9865 or in lieu of the Uniform Appplication, a
Small Wireless Facilities Application may be made. A Small Wireless
Facilities and/or Small Cell Tower Application shall be considered
complete upon submission of all the following items and information:
c. Fees:
i.

$1,000 shall be submitted for each new Small Cell Tower in the
Application which supports any Small Wireless Facilities; and

ii.

$500 shall be submitted for up to ﬁve (5) new Non-Tower Wireless
Communications Facilities and/or Small Wireless Facilities, plus an
additional $100 for each additional Non-Tower Wireless
Communications Facility and/or Small Wireless Facility included in
the application.

Applications are limited to ten (10) new Small Cell Towers, ten (10) new
Non-Tower Wireless Communications Facilities or ten (10) new Small
Wireless Facilities on existing towers per Application. Multiple Small Cell
Towers may only be included on a single Application if they are located
within the same city or unincorporated area of the County.
d. A written description and map showing the coverage area of the
provider’s existing facilities in the general and site-speciﬁc areas that are
the subject of the Application.
e. A statement by an authorized representative that the Applicant or
provider holds all applicable licenses or other approvals required by the
Federal Communications Commission, the Kentucky Public Service
Commission, and any other agency of state or federal government with
authority to regulate telecommunications facilities that are required in
order for the Applicant to construct the proposed facility.
f.

A statement by an authorized representative that the Applicant is in
compliance with all conditions required for the Applicant’s applicable
licenses and approvals.

g. A full description of the number and dimensions of all new Small Cell
Towers proposed to be installed, if applicable.

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h. A site development plan, signed and sealed by a professional engineer
registered in Kentucky, showing the proposed location of the proposed
new Small Cell Tower(s) and existing structures within ﬁve hundred (500)
feet of the proposed new Small Cell Tower(s). For Applications in which
multiple new Small Cell Towers are proposed, an overall site development
plan showing all proposed locations within a single city or unincorporated
area must be provided.
i.

A vertical proﬁle drawing of the proposed new Small Cell Tower(s) included
in the Application, signed and sealed by a professional engineer
registered in Kentucky , indicating the height of the proposed new Small
Cell Tower(s) and the placement of all antennas and equipment
enclosures associated with the proposed new Small Cell Tower(s).

A statement identifying the individual who is the authorized agent and
their preferred email and mailing address to receive communications
under these regulations.

k. Photographs of view shed from each proposed new Small Cell Tower(s)
location, taken in at least four directions.
l.

Description of whether other Overhead Utilities exist within ﬁve hundred
(500) feet of the proposed new Small Cell Tower(s) locations.

m. A completed form indicating compliance with Code Enforcement,
Revenue Commission, and all property taxes, if applicable.
14.

PROCESSING OF APPLICATION
a. Applications will be reviewed for substance only when they meet all
submittal requirements. If Applications are not complete, Sta must
notify the Applicant within ten (10) calendar days from the submission of
the Application stating the Application is incomplete and identifying the
missing materials, which must be submitted in order to complete the
Application. No further review of the Application will take place until the
Application is complete. If the resubmitted materials are not complete,
Sta must notify the Applicant within ten (10) calendar days form the
most recent submission of Application materials stating the Application is
incomplete and identifying the missing materials, which must be
submitted in order to complete the Application. No further review of the
Application will take place until the Application is complete.

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b. Planning Commission shall review and take ﬁnal action on Applications for
new Small Cell Towers within ninety (90) calendar days of a completed
Application. If an Application is not complete, the Sta shall notify the
Applicant in writing within ten (10) days of receipt of the Application. If
said notice is sent to Applicant within ten (10) days of receipt of the
Application, the time period will not begin until the Application is deemed
complete by Sta . Sta shall notify the Applicant once the Application is
deemed complete and provide the deadline for the Planning Commission
review period. Planning Commission shall either approve, approve with
conditions, or deny the Application. If Planning Commission does not
make a ﬁnal decision within the required ninety (90) calendar days, the
Application shall be deemed approved as submitted.
c. Planning Commission Sta shall review and take ﬁnal action on
Applications for new Non-Tower Wireless Communication Facilities within
sixty (60) calendar days of a completed Application. If an Application is
not complete, the Sta shall notify the Applicant in writing within ten (10)
days of receipt of the Application. If said notice is sent to Applicant within
ten (10) days of receipt of the Application, the time-period will not begin
until the Application is deemed complete and provide the deadline for the
Planning Commission review period. Sta shall either approve, approve
with conditions, or deny the Application. If Sta does not make a ﬁnal
decision within the required sixty (60) calendar days, the Application shall
be deemed to be approved as submitted.
d. An Applicant claiming to be injuriously a ected or aggrieved by an o cial
action, order, requirement, interpretation, grant, refusal, or decision of
Sta in the administration of these regulations may appeal the action to
the Planning Commission. Such appeal must be taken within thirty (30)
consecutive calendar days of the ﬁnal action by Sta . The appeal shall be
ﬁled with Sta along with an appeal fee of ﬁve hundred dollars ($500).
Sta will ﬁx a reasonable time for hearing the appeal and give public
notice in accordance with KRS Chapter 424, as well as written notice to
the appellant, the jurisdiction where the proposed Small Wireless Facility
is located, and the owner of Right-Of-Way or property (if di erent from
the jurisdiction) at least one (1) calendar week prior to the hearing.
e. An Applicant claiming to be injured or aggrieved by any ﬁnal action of the
Planning Commission shall appeal from the ﬁnal action to the Circuit

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Court of the county in which the property is located. Such an appeal shall
be taken within thirty (30) calendar days after such action.
f.

WAIVERS TO THESE REGULATIONS: This Section sets forth a procedure
by which the Planning Commission may allow for waivers of these
regulations. The purpose is to allow some ﬂexibility in dealing with unique
issues that are outlined in Subsection 4 below.
i.

An Application requesting a waiver, a $500 fee, and any additional
documentation necessary to meet the requirements of this section
shall be submitted for review.

ii.

The Planning Commission shall hold at least one public hearing
after giving notice as according to KRS 424 for the purposes of
reviewing the requested waiver.

iii.

After the public hearing, the Planning Commission may approve,
approve with conditions, or disapprove the requested waiver.

iv.

The Planning Commission may grant a waiver to these regulations
balanced against the public interest, providing the Planning
Commission ﬁnds that the waiver will not be detrimental to the
public interest and that the City or unincorporated jurisdiction
where the proposed Small Cell Tower is to be located approves the
waiver, and at least one of the following criteria apply:

That strict compliance with these regulations will create a
hardship or unsafe situation in the face of unusual conditions.

vi.

That granting the waiver creates a situation more in keeping with
unique character within the general vicinity.

vii.

That the requested waiver better meets the objectives of these
regulations.

viii.

That granting the waiver creates a safer situation than strict
compliance with these regulations.

ix.

Failure to grant the waiver would create a violation of federal law
by prohibiting or having the e ect of prohibiting
telecommunications services.

g. In addition to GSCPC approval, separate applicable building, zoning, and
electrical permits, and permission from the City or unincorporated
jurisdiction, Right-Of-Way or property owner must be obtained prior to the
beginning of construction.

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15.

SMALL WIRELESS FACILITY AND SMALL CELL TOWER LOCATION AND DESIGN
REGULATIONS
a. A new Small Wireless Facility is subject to design review and approval by
the Planning Commission, either by Sta for Small Wireless Facilities on
existing structures or after a public hearing, by the Planning Commission
Board for new Small Cell Towers. The design criteria required for the new
Small Wireless Facility is determined by the type of location or zoning
district in which the facility is to be located. The design review and
approval process, including any public hearing, shall be compliant with
state and federal law.
b. NON-TOWER WIRELESS COMMUNICATIONS FACILITIES LOCATIONS AND
SMALL WIRELESS FACILITIES ON EXISTING UTILITY POLES OR SMALL
CELL TOWERS:
i.

Administrative review by Sta is required for Non-Tower Wireless
Communications Facilities and Small Wireless Facilities on existing
Utility Poles or Small Cell Towers.

ii.

A Utility planning to erect said Non-Tower Wireless
Communications Facilities and Small Wireless Facilities on existing
Utility Poles or Small Cell Towers shall ﬁle an Application with the
Planning Commission its intent to do so, including the name and
address of the Utility, name of the owner of the structure, the
latitude and longitude of the structure, and a description of the
plan to locate the Small Wireless Facility including a statement
documenting that the new Small Wireless Facility location does not
change the height of the structure beyond the lower of 10 feet, or
a 10% increase in height. These non-tower locations must adhere
to all other applicable federal, state, and local zoning codes,
building codes or permits and the design regulations herein, where
applicable.

c. NEW SMALL WIRELESS FACILITIES AND SMALL CELL LOCATIONS IN ALL
ZONING DISTRICTS: The regulations in this subsection apply to all new
Small Wireless Facilities and Small Cell Towers.
i.

Except when deployed in response to temporary service outages;
as a result of emergencies; or at the request of ﬁrst responders,
temporary, mobile or wheeled Cellular Antenna Towers or Small Cell
Towers shall not be permitted.

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ii.

New Small Cell Towers shall not exceed the greater of the
maximum building height for the zoning district (or adjacent
zoning district if in Right-Of-Way) within which they are located or
thirty-ﬁve (35) -feet. A height that is in excess of what is permitted
within the zoning district may be approved by sta if it integrates
Stealth Technology that better meets the objectives of these
regulations.

iii.

If technologically possible, new Small Cell Towers shall be designed
and constructed to accommodate a minimum of two (2) service
providers.

iv.

New Small Cell Towers may be located on public or private nonresidential land or within a public Right-Of-Way provided it does
not interfere with other utilities, functionality of sidewalks,
visibility, or other matters of public safety.

New Small Cell Towers shall not be illuminated, except in accord
with state or federal regulations, or unless illumination is integral
to the Stealth Technology, such as design intended to look like a
street light pole.

vi.

New Small Cell Towers shall not include advertisements and may
only display information required by a federal, state, or local
agency. Such display shall not exceed one (1) square foot in area,
unless required by state or federal regulations, or unless a larger
display is integral to the Stealth Technology. Such display shall not
exceed the width of the pole, unless required by state or federal
regulations or a wider sign is integral to the Stealth Technology
such as design which integrates a decorative banner.

vii.

If a new Small Cell Tower is located in an area with primarily
Underground Utilities, or where no adjacent Overhead Utility lines
exist, it shall not utilize Overhead Utility lines.

viii.

In instances where an antenna is proposed to be constructed
within a historic or commercial district with established public or
private design control measures, regulations in subsection 2.557,
C. shall be followed. E orts shall be made to adhere to any
established design control measures or existing furnishing or
ﬁxture styles within the district. Where additional local design

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review processes exist, such as Certiﬁcates of Appropriateness or
Urban Design Review Boards, such approvals may be required.
d. NEW SMALL WIRELESS FACILITIES AND SMALL CELL TOWERS LOCATIONS
IN RESIDENTIAL ZONES: The regulations in this subsection apply to Small
Cell Systems and Small Cell Towers to be located within, or immediately
adjacent to, residential zoning districts as deﬁned in Article II, Section
2.557, D., (1).
i.

Facilities in residential areas are strongly encouraged to be NonTower Wireless Communication Facilities, which are eligible for
Sta approval from these regulations per Article II, Section 2.556,
C.

ii.

New Small Cell Towers and Small Wireless Facilities shall be
camouﬂaged by Stealth Technology. Examples of appropriate
Stealth Technology for residential areas includes, at a minimum,
towers with all cables, wires, Transmission Equipment, electric
meters, power equipment, etc. installed inside the Small Cell Tower
to the extent technologically feasible. Other types of stealth
technology or other methods which will reduce the visual impact
may be approved by Sta .

iii.

All poles and antennas shall be uniform grey or black in color,
unless another color is integral to the Stealth Technology as
approved by Sta or the Applicant shows that grey and black are
not technologically feasible.

iv.

The use of cooling fans is discouraged. When needed, fans with
lower noise proﬁles must be used.

New Small Cell Towers should avoid areas without Overhead
Utilities. If a Small Cell Tower is located in an area with primarily
Underground Utilities it must adhere to Stealth Technology that
incorporates the telecommunications equipment into a
streetscape amenity such as a decorative lamp post, streetlight or
other approved design. In areas with Overhead Utilities, cylindrical
antennas or antennas housed within cylindrical cannisters or
shrouds are required.

vi.

In residential areas, a Small Cell Tower shall not be located closer
than the height of the proposed tower to an existing or proposed

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residential structure, or no closer than thirty (30) feet, whichever is
greater.
vii.

E orts should be made to locate new Small Cell Towers in the yard
location where other Overhead Utilities are located, in the even
that Co-location has been demonstrated to be infeasible.

viii.

New Small Cell Towers within residential areas should be located to
avoid obstructing the view of building facades by placing the tower
at a corner, intersection or along a lot line.

ix.

When technologically feasible new Small Cell Tower shall not be
located within ﬁve hundred (500) feet of an existing Small Cell
Tower. Multiple carriers are permitted and encouraged to locate on
one Small Cell Tower, where technologically feasible.

Reasonable e orts shall be made to locate new Small Cell Towers
in the order of hierarchy below, based on the following functional
roadway classiﬁcation from the most to least preferred:
1. Interstate
2. Arterial
3. Collector
4. Local

e. NEW SMALL WIRELESS SYSTEM AND SMALL CELL TOWER LOCATIONS IN
NON-RESIDENTIAL ZONES: The regulations in this subsection apply to
towers to be located within non-residential zoning districts.
i.

In instances where a facility is proposed to be constructed in the
Right-Of-Way within one hundred (100) feet of a residential zone or
use, even if the antenna’s physical location is within a nonresidential zone, regulations in subsection 2.557, C., shall be
followed.

ii.

Antennas in commercial, institutional, or park areas are
encouraged to be installed as Non-Tower Wireless Communication
Facilities, which are eligible for Sta approval per Article II, Section
2.556,C.

iii.

Reasonable e ort shall be given to locate new equipment based
upon the following hierarchy of zones and land uses from the most
to least preferred:

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iv.

Co-locate on an existing structure whenever possible, which is
exempt from these regulations, per Section 2.556, C.
1. Institutional
2. Industrial
3. Commercial
4. Public Parks
5. Agricultural

16.

Equipment enclosures, including electric meters, should be nearly
the same width as the pole or as small as possible.

vi.

Shrouds, risers, and conduits shall be used to reduce the
appearance of external cabling.

vii.

All poles, antennas, brackets, cabling, risers, shrouds, and conduits
shall be uniform grey or black in color, or other color as approved
by Sta .

viii.

Cylindrical antennas or antennas housed within cylindrical
cannisters or shrouds shall be required, unless another antenna
style is integral to the Stealth Technology as approved by Sta .

ix.

There shall be no more than a four (4) inch o -set between the
pole and pole-mounted equipment enclosures.

EVALUATION CRITERIA
a. Evaluation of the proposal shall be based upon the following criteria and
shall be subject to administrative approval by Sta or approval by the
Planning Commission after a public hearing, as applicable:
b. The extent to which the proposal is consistent with the purposes of these
regulations.
c. The extent to which the proposal minimizes the impact on adjacent land
uses, especially in terms of visual impact.
d. The extent to which the proposed facility is camouﬂaged (i.e., the use of
Stealth Technology).
e. The extent to which the proposed facility conforms to the character of the
surrounding area (i.e., buildings, street lighting, signs).

17.

AMENDMENTS TO APPROVED PLANS

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a. Any amendments to Plans for Small Wireless Facilities and Small Cell
Towers, except for the minor adjustments outlined below, shall be made in
accordance with the procedure required by Section 2.556, subject to the
same limitations and requirements as those under which such plans were
originally approved.
b. The following activities shall be considered minor adjustments from the
original approval of an Application for towers located in the Right-Of-Way.
Changes are measured cumulatively from the original approval of the
Small Cell Tower or Small Wireless Facility.
c. Tower height increases by less than ten (10) percent.
d. Change in the tower width of less than ten (10) percent.

2.5.7

KENNELS

Added 09/22/2000 Scott County Ord. 2000-07.
1.

Kennels shall be designed according to the following guidelines:
a. All buildings and areas used in whole or in part for a commercial kennel,
including animal runs, shall be a minimum 100’ from all property lines.
b. All animal runs, exercise yards or any outside area used for the kennel
shall be located on the property so as to minimize any o -site impacts
including, but not limited to noise. The Board of Adjustments and/or the
Planning Commission may direct the location of such areas as part of the
conditional use and development plan, respectively.
c. All animal runs, exercise yards or any outside area used for the kennel
shall be fenced to ensure that no animals may leave the site. In addition,
any outside areas used in conjunction with the kennel must be screened
by a row of evergreen trees no more than 30’ on-center.
d. Any area where dogs are kept overnight shall be soundproofed to
minimize any o -site impacts.
e. All signage shall be reviewed and approved by the Board of Adjustments
as part of the conditional use request.
f.

Applicants for conditional use approval shall state the maximum number
of animals to be kept on site.

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2.5.8

ADULT ORIENTED USES

Added 01/06/2000 City of Georgetown Ord. 00-003 & 01/27/2000 Scott County Ord.
00-01).
1.

PURPOSE OF THIS ORDINANCE: The purpose of this section is to establish
appropriate requirements under which adult oriented uses may locate within the
City of Georgetown and Scott County. It has been demonstrated statistically
through veriﬁable studies in numerous communities that adult oriented uses
have harmful secondary e ects on the communities in which they locate,
particularly when near residential or other areas in which residential, educational,
religious and/or recreational uses are permitted.

FINDINGS UPON WHICH THIS ORDINANCE IS BASED: The harmful secondary
e ects which adult oriented uses have on communities in which they locate
include inappropriate exposure of children and teenagers to graphic sexual
images, increased incidence in crime, diminished property values,
discouragement of other types of commercial activities, discouragement of
residential, educational, religious and recreational uses, hereafter referred to as
protected uses. The cumulative e ect of the location of adult oriented uses,
especially in concentration, is a change in the perceived community character
and the diminishment of the quality of life or business for the other uses in the
neighborhood in which the adult oriented uses are located. Regulation of adult
oriented uses is necessary to reduce the secondary harmful e ects of these
uses, including, but not limited to, the decline of community health and safety
and the blighting of surrounding neighborhoods and uses. Regulation of adult
oriented uses is also necessary for the integrity of residential areas, schools,
churches or other places of worship, libraries, child care centers, parks and
playgrounds, all of which are areas in which minors congregate, a segment of the
community particularly at risk when in proximity to adult oriented uses.

EXCLUSIONS FROM OPERATION OF THIS ORDINANCE: Excluded from this
Ordinance are activities which are not for the purpose of sexual stimulation or
gratiﬁcation, including, but not limited to, the following: Licensed Massage
Therapist, as deﬁned in this Ordinance; other persons engaged in massage, e.g.
sports massage administered by a team trainer; and artistic studios,
photographic or otherwise, utilizing the nude body as a model.

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PERMITTED DISTRICTS: Adult oriented uses are permitted in B-2, Highway
Commercial, and I-1, Light Industry, subject to the general provisions of the
Zoning Ordinance and Subdivision and Development Regulations.

LOCATIONAL STANDARDS:
a. Distance from residential use: No lot occupied or to be occupied by an
adult oriented use shall be located closer than a one thousand (1,000) feet
radius of any residential zoning district.
b. Distance from educational, religious and child related use: No lot occupied
or to be occupied by an adult oriented use shall be located closer than a
one thousand (1,000) feet radius of any school, public or private, college,
university, church or other place of worship, library, type I day care facility,
or any public park or playground.
c. Distance from agricultural residential use: No lot occupied or to be
occupied by an adult oriented use shall be located closer than a one
thousand (1,000) feet radius of any agricultural zoning district developed
or designated for residential purposes, including cluster residential
subdivisions or three (3) or more residential tracts as shown on an
approved and recorded subdivision plat.
d. Distance from other adult oriented use: No lot occupied or to be occupied
by an adult oriented use shall be located closer than a two thousand
(2,000) feet radius of any other adult oriented use as deﬁned above.
e. Method of measure of distances: The distances required by this section
shall be measured from the closest property line occupied or to be
occupied by an adult oriented use to the closest property line occupied by
a protected use, zone district in which an adult oriented use is not
permitted, or another adult oriented use.

LANDSCAPE REQUIREMENTS: All newly constructed or renovated structures
that are used for, or proposed for use as, adult oriented uses shall meet the
landscaping requirements set out in the Georgetown/Scott County Landscape
and Land Use Bu ers Ordinance, including the property perimeter requirements
otherwise required in Article 6.12, Section A.2.

EFFECT OF ESTABLISHMENT OF PROTECTED USE: The establishment of any
protected use, zone district in which an adult oriented use is not permitted, or
another adult oriented use, subsequent to the lawful commencement of an adult
oriented use shall not render the adult oriented use non-conforming.

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AMORTIZATION OF EXISTING ADULT ORIENTED USES: An existing adult
oriented use established prior to the passage of this ordinance shall be deemed a
non-conforming use for a period of two years or for the remaining term of the
adult oriented use’s lease which is in force at the time of the e ective date of this
Ordinance, whichever occurs ﬁrst. For the purpose of this provision, the term of
the adult oriented use’s lease shall not include extensions. At the expiration of
the period established in this subsection, the existing adult oriented use
established prior to the passage of this ordinance shall comply with the
requirements of this Ordinance.

EXTENSION OF TIME FOR THE AMORTIZATION OF EXISTING ADULT ORIENTED
USES: Applications for an extension of the time for compliance established by
Section 2.57.9, above, may be granted for good cause shown and must be
received by the O ce of the Building Inspector, with copy to the Planning
Commission O ce, not less than 90 days prior to the termination date. The
application shall be heard by the Board of Adjustments.

10.

MISCELLANEOUS ADULT DANCING PERFORMANCE STANDARDS:
a. No person shall display or expose speciﬁed anatomical areas.
b. No person, except an employee, agent, servant or independent contractor
in any adult dancing establishment, or similar type use described herein,
shall simulate any form of speciﬁed sexual activity except while
positioned in or occupying an entertainment area deﬁned as: “a platform
or other similar structure raised not less than eighteen (18) inches above
the immediately surrounding main ﬂoor area, encompassing an area of at
least one hundred (100) square feet and positioned not less than six (6)
feet from any patron or spectator.”
c. No person maintaining, managing, owning or operating an adult dancing
establishment, or similar type use described herein, shall su er, allow, or
permit the construction, maintenance, or use of areas partitioned or
screened from public view that are to be occupied, alone or together by
any person or persons on the premises of such establishments for
performances, private or otherwise, involving the display or exhibition of
speciﬁed anatomical areas or speciﬁed sexual activities or permit any
employee, agent, servant or independent contractor to violate any
provision of this ordinance.
d. No person on the premises of an adult dancing establishment, or similar
type use described herein, shall be permitted to use or be present in areas

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partitioned or screened from public view that are designed to be
occupied, together or alone, by any person or persons on the premises of
such establishment for the display of or exhibition of speciﬁed anatomical
areas or speciﬁed sexual activities.
11.

LOCATIONAL RESTRICTION OF DISPLAY OR EXPOSURE OF SPECIFIED
ANATOMICAL AREAS OR SIMULATION OF SPECIFIED SEXUAL ACTIVITIES:
a. No zone classiﬁcation permits the display or exposure of speciﬁed
anatomical areas or simulation of speciﬁed sexual activities in any
establishment approved for the sale or consumption of alcohol.
b. No person shall display or expose speciﬁed anatomical areas or simulate
speciﬁed sexual activities, except while on the premises of an approved
adult oriented use.

12.

OPERATING HOURS: No adult oriented use shall be open for business between
the hours of 1:00 a.m. and 6:00 p.m.

13.

PROHIBITION OF PHYSICAL CONTACT: While on the premises of an adult
oriented use, no employee, agent, servant or independent contractor shall be
permitted to have any physical contact with any other adult entertainment
employee, other employee, patron or spectator while the employee, agent,
servant or independent contractor is entertaining, dancing or otherwise involved
in the display of or exhibition of speciﬁed anatomical areas or speciﬁed sexual
activities.

14.

NO ACT IS AUTHORIZED IF NOT OTHERWISE PERMITTED BY LAW: Nothing in
this ordinance pertaining to adult dancing establishments, or similar type use,
shall be construed to permit or authorize any act or activities that are prohibited
by State law. These sections are meant to be in addition to any acts or activities
that are so prohibited.

2.5.9

SHORT TERM RENTALS

Added 03/28/2022 City of Georgetown Ord 2022-07, 08/12/2022 Scott County Ord 2207.
1.

All short-term rentals shall be registered with the Georgetown – Scott County
Revenue Commission.

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The following use table shall establish the zones in which short-term rentals are
permitted, conditional uses, or prohibited. Short-term rentals are prohibited in
any zoning districts not listed in the table below.

Zoning
District6
A-1
A-5
R-1A
R-1B
R-1C
R-2
R-3
B-3

2.5.10

Renting Individual
Sleeping Rooms
(3 or less)
Not Permitted
Not Permitted
Not Permitted
Permitted
Permitted
Permitted
Permitted
Permitted

Renting Individual
Sleeping Rooms
(4 or more)
Not Permitted
Not Permitted
Not Permitted
Conditional Use
Conditional Use
Conditional Use
Conditional Use
Permitted

Un-Hosted Home
Sharing
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted

TEMPORARY USES

Added 01/25/2010 Scott County Ord & 02/22/2010 City of Georgetown Ord 10-06.
1.

DEFINITION: Any use that is temporary in nature and not regulated under any
other section of this Ordinance shall require a conditional use permit from the
appropriate Board of Zoning Adjustment.
a. For the purpose of this section, a temporary use is deﬁned to include uses
of ninety (90) days, or less, duration and satisfy one or more of the
following:
i.

Uses accessory to a major event, such as the World Equestrian
Games, and which serve the needs of that event at an o -site
location;

For law-fully non-conforming residential structures, short-term rentals are
permitted to the same degree as long-term rentals would be permitted based on
the non-conforming status of the building.
6

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ii.

Uses, which include outdoor storage uncharacteristic of the
general area;

iii.

Uses, which are reasonably anticipated to alter established tra c
patterns in the general area;

iv.

Uses, which are reasonably anticipated to create signiﬁcant public
health need, such as the creation of substantial on-site sewage
uncharacteristic of the general area;

Uses, which require, or serve the personal needs of a substantial
number of workers, or service providers, who do not work, or
whose services are otherwise uncharacteristic of the general area;

vi.

Uses, which otherwise signiﬁcantly alter the character of the
general area; or

vii.

Uses, which require substantial construction of facilities, e.g.,
parking, housing, public health uncharacteristic of the general
area;

viii.

Uses, which are reasonably anticipated to create signiﬁcant storm
water runo or silt uncharacteristic of the general area;

PROCEDURE: Temporary Uses, as deﬁned above, are conditional uses in every
zone, except Downtown Commercial, B-3, and Residential zones.
a. The Board of Adjustment having jurisdiction shall consider temporary
uses, as deﬁned above, according to applicable law as all other conditional
uses. The Board’s action, including its ﬁndings of fact and conclusions,
after hearing on the suitability of a conditional use permit for the
operation of a temporary use deﬁned above, shall “demonstrate that it has
considered the e ect of the proposed temporary use on the public health,
safety and welfare in the zone a ected, in adjoining zones and on the
overall zoning scheme.”
b. Each of the characteristics above reasonably anticipated to result from
the proposed temporary use shall be speciﬁcally addressed by the Board.
If the temporary use is approved, that approval shall include speciﬁc
conditions reasonably anticipated to mitigate the e ects each
characteristic, e.g., if runo is reasonably anticipated in conjunction with
disturbed land, the Board may impose the condition that silt fencing be
installed to bar the escape of silt to adjoining properties.

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c. Excepted from this section are temporary uses otherwise reasonably
related to uses characteristic of the general area, e.g., temporary housing,
storage, or sanitation facilities for agricultural workers brought to an area
for a particular season are exempted from this regulation. The
determination of whether a particular activity is an exempt temporary use
as deﬁned by this provision is within the discretion of Planning
Commission Sta . A determination by Sta that a particular use is, or is
not exempt, does not preclude the ﬁling of an application before the
Board of Adjustment by any interested party seeking a ruling under this
section.
d. Uses that otherwise fall under this Section, but which are anticipated to
continue longer than ninety (90) days are governed by the applicable
sections of this Ordinance regulating permitted use.

2.5.11

MEDICINAL CANNABIS REGULATIONS

Added 12/09/2024 City of Georgetown Ord 2024-23. Added 12/27/2024 Scott County
Fiscal Court Ord 24-11
1.

PURPOSE. The purpose of this section is:
a. To acknowledge the passage and enactment of Kentucky Revised
Statutes (KRS) Chapter 218B and associated regulations for Medicinal
Cannabis by Kentucky General Assembly and the Cabinet for Health and
Family Services (CHFS).
b. Develop local standards for the placement and development of Medicinal
Cannabis land uses.
c. Minimize potential adverse impacts to residents by developing land use
regulations regarding the location and development standards for
Medicinal Cannabis businesses.
d. Provide a consistent and predictable path for the development of
Medicinal Cannabis land uses and encourage their placement in areas
where adverse impacts of odors, noise, lighting and/or other nuisances
can be minimized with surrounding properties.
e. Establish siting standards for Medicinal Cannabis Businesses to
maximize, bolster, and diversify local economic development and job
creation, as well as the healthcare and treatment options in our
community.

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Preserve the essential character of the general vicinity adjacent to any
Medicinal Cannabis Business.

g. Act as a supplement to all relevant safety, health, or environmental
requirements of applicable federal, state, and/or local laws and
regulations.
2.

APPLICABILITY.
a. This article applies to the siting, development, and construction of any
new Medicinal Cannabis Businesses after the e ective date of this
ordinance.
b. This article shall apply to those Medicinal Cannabis Businesses that are
licensed in compliance with KRS Chapter 218B, Kentucky Administrative
Regulations (KAR) Title 915 Chapter 1, and applicable local ordinances.
c. Nothing in this article shall be construed to supersede state law
prohibiting the acquisition, possession, manufacture, sale, or use of
cannabis in any manner not authorized by KRS Chapter 218B.

GENERAL DEVELOPMENT STANDARDS.
a. Medicinal Cannabis Businesses must be a minimum of 1,000 feet from all
schools, childcare facilities, public parks, and public recreational facilities.
b. Medicinal Cannabis Businesses are prohibited in all residential zones.
c. Medicinal Cannabis Businesses are prohibited within 100 feet of a
residential zone, or a residential use in A-1 zones.
d. All Medicinal Cannabis Businesses shall comply with the standards set
forth by KRS Chapter 218B and KAR Title 915.
e. Medicinal Cannabis consumption is not permitted on any of the premises
where Medicinal Cannabis business activities and/or operations occur.
f.

No Medicinal Cannabis business operators shall operate until it is licensed
in accordance with KRS Chapter 218B and KAR Title 915 and, where
applicable, Scott County and the Cities of Georgetown, Sadieville, and
Stamping Ground prior to commencing operations.

g. Medicinal Cannabis that is rendered unusable shall be discarded into a
dumpster with commercial grade locks or other approved, locked
container for removal from the facility by a waste removal company
selected by the Medicinal Cannabis business, except that ashes resulting

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from the controlled incineration of Medicinal Cannabis may be placed in
an unlocked dumpster.
h. Outdoor storage of materials, equipment, or supplies associated with a
Medicinal Cannabis business and/or facility shall not be permitted.
i.

All activities, excluding disposal, destruction, or transport of Medicinal
Cannabis, shall take place within a building or secure structure shall meet
all applicable state and local building codes. Such activities are not
permitted in a mobile or temporary building/structure, nor motor vehicle
or any vessel designed for traverse on motorways.

In the event that any regulation conﬂicts with state law (KRS) or state
regulations (KAR), the more restrictive provision shall apply.

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ADVERTISING & SIGNAGE
a. All plans for signage shall be submitted to the Board of Adjustment for
consideration as part of the Conditional Use Permit.
b. No signs referring to the use of Medicinal Cannabis and/or Medicinal
Cannabis product directly or indirectly visible from the outside shall be
permitted, except as any reference may be contained in the name of the
business establishment.
c. Exterior signage may, at most, include text that displays the: (1) business
or trade name, (2) location and contact information; and (3) business
type. Exterior signage shall comply with the regulations promulgated in
KAR Title 915 and may not include a logo, symbol, branded colors or any
images, including but not limited to depicting Medicinal Cannabis or
Medicinal Cannabis products, nor the imagery or action, or any
byproducts of consumption therein.

USE REVIEW TABLE.

“P” = Permitted, “CUP” = Conditional Use Permit, “N” = Not Permitted
Zoning
District

A-1
B-1
B-2
B-3
B-4
B-5
BP-1
I-1
I-2
(1)

Dispensary Cultivator
Tiers I, II,
III (1)
N
N
CUP
N
CUP
CUP
N
N
N

CUP
N
N
N
N
N
CUP
CUP
N

Cultivator
Tier IV

Processor
(2)

Producer
(2)

Safety
Compliance
Facility (2)

N
N
N
N
N
N
N
N
N

N
N
N
N
N
N
CUP
CUP
N

N
N
N
N
N
CUP
CUP
N
N

The minimum lot size for a Medicinal Cannabis cultivator is as follows: ten (10)
acres for tier I, forty (40) acres for tier II, and/or one hundred (100) acres for tier
III. All Medicinal Cannabis cultivator facilities must be set back one hundred (100)
feet from all property lines.

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(2)

The minimum lot size for Medicinal Cannabis processors, producers, and safety
compliance facilities shall be five (5) acres.
SPECIFIC DEVELOPMENT STANDARDS.
a. CULTIVATORS
i.

Dimensional considerations as noted in the table above.

ii.

iii.

All use shall occur in an enclosed, locked facility. Enclosed, locked
facility means an indoor growing space such as room, greenhouse,
building, or other indoor enclosed area that is maintained and
operated by a cultivator or producer and is equipped with locks
and other security devices that permit access only by authorized
agents of the cultivator or producer, as required by KRS or KAR.

iv.

If the parcel abuts, residential, o ce, industrial, and/or commercial
use, a ventilation/air ﬁlter system is required that prevents odor
from being detectible at the boundaries of the parcel where it
abuts such residential, o ce, industrial, and/or commercial use.

The cultivation of Medicinal Cannabis is not permitted as part of
any agricultural use allowed by the Zoning Ordinance unless
otherwise exempted from local regulation by state law.

b. PRODUCERS
i.

A development plan shall be submitted and approved by the
Planning Commission prior to start of business operations and
pursuant to the adopted Zoning Ordinance and Subdivision &
Development Regulations. As part of said application, the producer
shall provide the following when applying for a Preliminary
Development Plan:

ii.

A written plan for keeping strictly separated all cultivation
activities from the processing activities; and

iii.

A site map or blueprint showing which portions of its facility are
designated for cultivation activities and which portions are
designated for processing activities.

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iv.

c. SAFETY COMPLIANCE FACILITY
i.

d. DISPENSARY

A dispensary shall not co-locate in a shared space or have any
ﬁnancial arrangement with a Medicinal Cannabis practitioner.

ii.

A dispensary shall not be located at the same site and location
used for growing, cultivating, or processing Medicinal Cannabis, in
the same o ce space as a Medicinal Cannabis practitioner or other
physician, or in the same location as a hemp business.

iii.

A dispensary shall not package Medicinal Cannabis and Medicinal
Cannabis products for sale to cardholders.

iv.

A dispensary shall only sell Medicinal Cannabis within a building or
secure structure located on the speciﬁc site licensed by the
cabinet and identiﬁed on its license issued by the cabinet in
accordance with all applicable state and local building codes and
speciﬁcations.

A dispensary shall only dispense Medicinal Cannabis to a
cardholder in an indoor, enclosed, secure facility between the
hours of 8 a.m. and 8 p.m.

vi.

A dispensary may dispense Medicinal Cannabis to cardholders
using a drive-thru window or curbside pickup service upon
consideration, review, and approval of the appropriate regulatory
agencies. All plans for drive-thru window or curbside pickup
service shall be submitted to the Board of Adjustment for
consideration as part of the Conditional Use Permit.

SEVERABILITY.

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a. If any section, subsection, or other portion of this article is for any reason
held invalid or unconstitutional by any court of competent jurisdiction,
such section, subsection, or portion thereof shall be deemed a separate
provision of this article, and such holding shall not a ect the validity of
the remaining portions of this chapter.

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Overview – Proposed Zoning Ordinance Text Amendments
Prepared for Information Only -- Not part of a First Reading or Public Hearing

ZOTA-2025-03 Text:
ARTICLE I
ENACTING CLAUSE, TITLE, PURPOSE
1.1

ENACTING CLAUSE
The Common Council of the City of Georgetown, the Town Boards of Stamping
Ground and Sadieville, and the Fiscal Court of Scott County, Kentucky, as
authorized by the Kentucky Revised Statutes, Section 100.201 do ordain as
follows:

1.2

TITLE
This ordinance is entitled "Zoning Ordinance, Georgetown, Scott County,
Kentucky," and may be referred to as the "Zoning Ordinance." The zoning maps
referred to herein are entitled "Zoning Map, Scott County, Kentucky" and
"Zoning Map, Georgetown, Kentucky." The Zoning Maps are hereby made a part
of the Zoning Ordinance, and certiﬁed copies of this ordinance are on ﬁle with
the Georgetown-Scott County Planning Commission, with the Scott County
Clerk, and the Georgetown City Clerk.

1.3

PURPOSE
The purpose of the Zoning Ordinance is to promote the general welfare by
establishing and regulating zoning districts throughout Georgetown, Stamping
Ground, Sadieville, and Scott County for the speciﬁc purposes detailed in the
Kentucky Revised Statutes, Section 100.201. In establishing the zoning districts,
this ordinance seeks the general welfare by designating su cient space for all
necessary uses of the land, by protecting the permitted uses in each district
from the undesirable e ects of conﬂicting uses, and by ensuring the stable
value of all permitted development. This ordinance further seeks the general
welfare by protecting the e ciency and encouraging the improvement of tra c
circulation and access to the land in all districts in order that daily travel and
commerce may increase in safety and may be carried forth with a minimum of
delay for the beneﬁt of all activities and persons in Georgetown, Stamping
Ground, Sadieville and Scott County.

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ARTICLE II
2.1

DEFINITIONS

ACCESS: The right to cross between public and private property, allowing
pedestrians and vehicles to enter and leave property.

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c. Adult Booth: a small enclosed or partitioned area inside an adult oriented
establishment which is: (1) designed or used for the viewing of adult
material by one (1) or more persons and, (2) is accessible to any person,
regardless of whether a fee is charged for access. The term “Adult Booth”
includes, but is not limited to, a “peep show” booth, or other booth used to
view adult material (including, but not limited to, videotapes, audiotapes,
ﬁlms, CD-ROMs, DVDs).
d. Adult Dancing: shall mean and include, but not limited to any dancing
which exposes to view by patrons or spectators on the premises at any
time the speciﬁed anatomical areas and/or speciﬁed sexual activities, as
set forth herein.
e. Adult Dancing Establishments: an establishment, including but not
limited to any restaurant (eating and drinking establishment), lounge,
dance hall, night club or other such place whose business includes the
o ering to customers of live entertainment wherein employees, agents,
servants, or independent contractors perform dance routines and/or
display or expose speciﬁed anatomical areas, o ered as adult oriented
entertainment for viewing by patrons and spectators on the premises and
characterized by the emphasis on matter depicting, describing, or relating
to speciﬁed sexual activities or speciﬁed anatomical areas.
f.

Adult Cabaret: see “Adult Dancing Establishments”

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includes those establishments that o er for any form of consideration: (1)
physical contact in the form of wrestling or tumbling between persons of
the same or opposite sex; (2) activities between male and female persons
and/or of the same sex when one or more persons is in the state of full or
partial nudity as deﬁned by speciﬁed anatomical areas or where the
activities are characterized by an emphasis on speciﬁed sexual activities.
i.

ADULT USE, SPECIFIED SEXUAL ACTIVITIES: shall include, but not limited to,
human genitals in a state of sexual stimulation, arousal or tumescence; acts of
human masturbation, sexual intercourse or sodomy; fondling or other erotic
touching of human genitals, pubic region or pubic hair, buttock or female
breast(s); acts of human analingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, ﬂagellation, masochism, necrophilia, pederasty, pedophilia,

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sadism, sadomasochism; excretory functions as part of or in connection with any
of the activities listed herein.
7.

AGED PERSON(S): persons who are 62 years of age or older.

AGRICULTURAL USES: Agricultural use means the use of a tract of at least ﬁve
(5) contiguous acres for the production of agricultural or horticultural crops;
including but not limited to livestock, livestock products, poultry, poultry
products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits,
vegetables, ﬂowers or ornamental plants, including provisions for dwellings for
persons and their families who are engaged in the above agricultural use on the
tract. (Section. Amended 07/22/1992, City of Georgetown Ord. 92-021 &
07/27/1992 Scott County Ord. 92-006).
a. Agricultural Use, Recreational: An outdoor recreational use, i.e. ﬁshing,
boating, hunting, riding, etc., involving a tract of real estate in excess of
250 acres which incorporates part-time residential use, e.g. hunting or
ﬁshing lodges which are not primary dwellings for the occupants. This
also includes lots of 20 acres or larger to be developed as an RV
Campground (as deﬁned in this ordinance). (Section Amended
10/26/2023, Scott County Ord. 23-10, In e ect in County only.)
b. Agricultural Use, Residential: Agricultural residential use means
rResidential use in an A-1 zone, the density of which shall not exceed one
dwelling unit per ﬁve contiguous acres held under common title and
residential cluster development into A-1 zone, the density of which shall
not exceed one dwelling unit per ﬁve acres.
c. Agricultural Use, Automotive Salvage: A place of business maintained,
operated or used for storing, keeping, buying or selling junked, wrecked,
abandoned or inoperative automobiles, vehicles, farm implements or the
parts thereof. This term shall not include scrap metal recycling facilities or
materials storage and re-processing operations.

ALLEY: A public or private way permanently reserved as a secondary means of
access to abutting property.

10.

ALTERATION: Any change or addition to the supporting members of foundation
of a structure that would change the outward dimensions or appearance.

11.

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12.

ANTENNAS OR RELATED EQUIPMENT, FOR TELECOMMUNICATION TOWERS:
Any transmitting, receiving or other equipment used in conjunction with a
Wireless Communications Facility. The term includes Utility or Transmission
Equipment, antennas, radios, power supplies, generators, batteries, cables,
equipment buildings, cabinets and storage sheds, shelters, or similar equipment.
This deﬁnition does not include Cellular Antenna Towers.

13.

14.

APPLICANT: A person or entity who is authorized by the provisions of these
regulations to ﬁle an Application for approval under these regulations.

15.

16.

AQUIFER: A geologic formation, group of formations, or part of a formation
capable of yielding, storing, or transmitting a usable amount of groundwater to
wells or springs for domestic or animal use.

17.

18.

19.

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residential unit, meal service in a community dining facility and non-medical
personal care services in consideration of each appropriate to the residents’
respective needs; other than supervision of self-medication, medical services
are not a service provided by the facility. The facility may provide space for an
unrelated Home Health Service or a Medical Doctor’s O ce for ease of access to
those services by the residents. provides linkages with hospitals, community
services, and makes transportation available; and provides timely assistance to
residents for response to urgent or emergency needs.
20.

21.

BED AND BREAKFAST: An existing house, or portion thereof, where short-term
sleeping rooms [not exceeding ﬁve (5) in number] and limited provision for meals
are o ered. The use of the property for a Bed and Breakfast shall be incidental to
the residential use of the property. This residential use requirement may be
satisﬁed by either a resident owner or manager. These short-term lodgings shall
may not exceed ﬁfteen (15) consecutive days. A Bed and Breakfast is
distinguished from sleeping rooms as they are deﬁned in paragraph 2.1

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Deﬁnitions and permitted in Section 4.36 or conditionally permitted in Section
4.37 by the limited o ering of the meals in the kitchen and dining room serving
all guests and the targeting of the tourism market. As in the sleeping room, no
food preparation shall be allowed in the bedrooms. (Section Added 05/02/1991).
22.

BIKEWAY: A way or portion of a way intended and designated primarily for
bicycle tra c.

23.

24.

25.

26.

27.

28.

CELLULAR TELECOMMUNICATIONS SERVICES: A retail telecommunications
service that uses radio signals transmitted through cell sites and mobile
switching stations.

29.

30.

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31.

CO-LOCATION: Locating two (2) or more transmission Antennas or Related
Equipment on the same Cellular Antenna Tower or other applicable structure.

32.

COMMERCIAL FLOOR AREA: Floor area of a building which is devoted to the
storage and display of merchandise, the performance of consumer services or
the circulation and accommodation of customers.

33.

COMMERCIAL LANDSCAPE OPERATION: the sale and/or provision of tree, lawn,
and landscaping goods or services or grounds maintenance to others.
ActivitesActivities include but are not limited to: Such uses may speciﬁcally
include:
a. The sale or provision or use of landscaping materials (including, without
limitation: mulch, sod, trees, grasses, ﬂowers) grown or produced on or o
of the subject property;
b. Mowing, planting, pruning, and mulching;
c. Snow and ice maintenance, management, and removal;
d. Nurseries and greenhouses; and
e. O ce buildings and facilities for the storage, repair, and maintenance of
materials and equipment reasonably necessary for providing these goods
and/or services. (Section Added 09/09/2022, Scott County Ord 22-11. In
e ect in county only)

34.

COMMISSION: The Georgetown-Scott County Joint Planning Commission and/or
Planning Commission.

35.

36.

37.

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38.

39.

40.

41.

42.

43.

44.

COVERAGE: Coverage shall mean the total area of the footprint of the building
divided by the total area of the lot.

45.

CREEK CONSERVATION CORRIDOR: Those areas zoned C-1.

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46.

CUL-DE-SAC: A permanent dead-end street or court culminated by a
turnaround and not intended to be extended in the future.

47.

DAY: For the purpose of submittal procedures, "day" shall refer to calendar day
rather than working day, unless otherwise noted.

48.

DAY CARE: Care of a child away from his own home and is designed to
supplement, but not substitute for, the parent's responsibility for the child's
protection, development and supervision, when it is necessary or desirable for
the parent or child to be out of the home for all or part of the day or night. The
term shall not include child carechildcare facilities operated by religious
organizations while religious services are being conducted, or kindergarten or
nursery schools which have as their primary function educational instruction.
(Section amended (added) 8/20/85)
a. Day Care Facility, Type I: Any facility other than a dwelling unit which
regularly receives four (4) or more children for day care; (ii) any facility,
including a dwelling unit, which regularly provides day care for thirteen
(13) or more children. If pre-school children of any day care sta receive
care in the facility, they shall be included in the number for which the
facility is licensed. (Section amended (added) 8/20/85)
b. Day Care Facility, Type II: Any home or dwelling unit which regularly
provides care apart from parents for four (4), but not more than twelve
(12) children. The director's own pre-school children shall be included in
the number for which the home is licensed. (Section amended (added)
8/20/85)

49.

50.

51.

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52.

53.

DEVELOPMENT, MAJOR: All development, as deﬁned above, that does not fall
within the deﬁnition of Minor Development.

54.

55.

56.

57.

58.

59.

DRIVEWAY: a short road or paved area leading from a public or private road
to a residential structure house or garage. Driveway shall mean that access
which is generally intended to serve private single family residences.

60.

DUPLEX: A structure containing two dwelling units, each of which has direct
access to the outside.

61.

DWELLING AND DWELLING UNIT: A dwelling is a building providing shelter,
sanitation, and the amenities for a permanent habitation. It does not include

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temporary habitation. It does not include temporary lodging or sleeping rooms
but does include modular homes. Dwelling unit refers to that dwelling
accommodation within a building designed for one individual or family unit
maintaining a separate and independent housekeeping.
62.

63.

64.

ENGINEER: A licensed, professional civil engineer appointed or requested by the
Planning Commission or retained by the developer.

65.

ENVIRONMENTALLY SENSITIVE AREAS: Sinkholes, cave areas, major rock
formations and outcroppings, springs, ﬂoodplains/ﬂoodways, and
landﬁlls/refuse areas.

66.

67.

FAÇADE: The main face or front of a building.

68.

69.

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crops, when treated and managed according to acceptable farming methods.
(Deﬁnition Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only).
70.

FENCEROWS: Generally, refers to lines of trees and shrubbery that have grown
along existing fence lines to form a natural hedge.

71.

72.

FILL: Natural material which is may be added to or moved on a site during the
grading process to provide developable building areas and adequate drainage.

73.

74.

75.

76.

GOVERNING AUTHORITY: The Scott County Fiscal Court, Sadieville City Council,
Stamping Ground City Council, and/or Georgetown City Council; also referred to
as Legislative Body.

77.

GRADING: Any stripping, cutting, ﬁlling, stockpiling of soil, or any combination
thereof, including the land in its cut or ﬁlled condition.

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78.

GSCPC means Georgetown-Scott County Planning Commission or Planning
Commission. See also Georgetown-Scott County Planning Commission, Planning
Commission.

79.

HAZARDOUS MATERIALS: For purposes of these Regulations, this deﬁnition is
consistent with State and Federal deﬁnitions of hazardous materials.

80.

HEIGHT: The vertical distance measured from the average ﬁnished grade at the
front building line to the highest point of structure.

81.

82.

INDUSTRY: The processing of products or raw materials. The two categories of
industry are deﬁned according to the following performance standards.
a. Heavy Industry: Those industries whose processing operations result in
the outdoor storage or processing of materials or products, the emissions
of any atmospheric pollution, visible light ﬂashes or glare, odors, or noise
or vibration which is may be heard or felt o the premises or those
industries which constitute a ﬁre, explosion, or other hazard detrimental
to the health and welfare of the community or adjacent property owners.
b. Light Industry: Those industries whose processing operations result in
none of the above conditions.

83.

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84.

85.

KYTC: Kentucky Transportation Cabinet

86.

LEGISLATIVE BODY: See Governing Authority.

87.

LOCAL GOVERNMENT: A city, county, urban-county government, charter county
government, or consolidated local government that is engaged in planning and
zoning under KRS 100.

88.

LOT: A piece, parcel or plot of land occupied by or to be occupied by one principal
building and its accessory buildings and including the open spaces required
under this regulation, and having its principal frontage on a street.
a. Corner Lot: A lot which abuts upon two intersecting streets at their
intersection, or upon two parts of the same street forming an interior
angle of less than 135 degrees.
b. Lot Depth: The distance between the front and rear property lines of a
lot, generally measured perpendicularperpendicularly from the street.
c. Lot Frontage: The front of a lot is that portion nearest to the street. For
the purpose of determining yard requirements for corner and through
lots, all sides of a lot adjacent to a street shall be considered frontage.
d. Lot Line: The boundary dividing a lot from a right-of-way, adjoining lot, or
other adjoining tract of land. Front, rear, and side lot lines are selfexplanatory.
e. Lot-of-Record: A lot which is part of a subdivision or development
recorded in the o ce of the County Clerk, or a lot or parcel described by
metes and bounds, the description of which has also been recorded prior
to April 1958 (for the city of Georgetown) and prior to February 1970 (for
the unincorporated area and the cities of Stamping Ground and
Sadieville).
f.

Lot, Through or Double Frontage: Any lot other than a corner lot which
abuts on two (2) streets.

g. Lot Width: The distance between the two side property lines of a lot,
generally measured parallel to the street.
89.

MANUFACTURED HOME: a single-family residential dwelling constructed after
June 15, 1976, in accordance with the National Manufactured Home Construction

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and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq., as amended,
and designed to be used as a single-family residential dwelling with or without
permanent foundation when connected to the required utilities, and which
includes the plumbing, heating, air conditioning and electrical systems
contained therein. (Amendment e ected within Scott County 02/26/2004 and
within the city limits of Georgetown 03/04/2004 by Ordinance 04-01 and 04006 respectively).
90.

91.

92.

93.

MEDICINAL CANNABIS BUSINESS means an entity licensed under KRS 218B as
a cultivator, dispensary, processor, producer, or safety compliance facility.

94.

MEDICINIAL CANNABIS CARDHOLDER means a registered qualiﬁed patient,
designated caregiver, or visiting qualiﬁed patient who has applied for, obtained,

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and possesses a valid registry identiﬁcation card issued by the Kentucky Cabinet
for Health and Family Services for Medicinal Cannabis in compliance with KRS
218B; or a visiting qualiﬁed patient who has obtained and possesses (1) a valid
out-of-state registry identiﬁcation card; and (2) documentation of having been
diagnosed with a qualifying medical condition.
95.

96.

A Tier I cultivator shall not exceed an indoor growth area of two
thousand ﬁve hundred (2,500) square feet.

ii.

A Tier II cultivator shall not exceed an indoor growth area of ten
thousand (10,000) square feet.

iii.

A Tier Ill cultivator shall not exceed an indoor growth area of
twenty-ﬁve thousand (25,000) square feet.

iv.

A Tier IV cultivator shall not exceed an indoor growth area of ﬁfty
thousand (50,000) square feet.

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e. Acquire, accept, or receive Medicinal Cannabis products from a
cardholder pursuant to KRS 218B.110.
97.

MEDICINAL CANNABIS PROCESSOR means a business that is licensed in
compliance with KRS 218B to:
a. Acquire or purchase raw plant material from a cultivator, processor, or
producer in this state;
b. Possess, process, prepare, manufacture, manipulate, blend, or package
Medicinal Cannabis;
c. Transfer, transport, supply, or sell Medicinal Cannabis and related supplies
to other cannabis businesses in this state; or
d. Sell cannabis seeds or seedlings to similar entities that are licensed to
cultivate cannabis in this state or in any other jurisdiction.

98.

99.

100.

MEDICINAL CANNABIS SAFETY COMPLIANCE FACILITY means an
establishment licensed in compliance with KRS 218B to:

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a. Acquire or possess Medicinal Cannabis obtained from cardholders or
cannabis businesses in this state;
b. Return the Medicinal Cannabis to cardholders or cannabis businesses in
this state;
c. Transport Medicinal Cannabis that was produced by cannabis businesses
in this state;
d. Produce or sell approved educational materials related to the use of
Medicinal Cannabis;
e. Produce, sell, or transport of equipment or materials other than Medicinal
Cannabis, including but not limited to lab equipment and packaging
materials that are used by cannabis businesses and cardholders, to
cardholders or cannabis businesses licensed under this chapter;
f.

Test Medicinal Cannabis produced in this state;

g. Train cardholders and cannabis business agents;
h. Receive compensation for actions allowed under this section; and
i.
101.

Engage in any non-cannabis-related business activities that are not
otherwise prohibited or restricted by state law.

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e ected within Scott County 2/26/2004 and within the city limits of
Georgetown 3/4/2004 by Ordinance 04-01 and 04-006 respectively.)
102.

MOBILE HOME PARK: A single tract of land on which two or more mobile home
lots are occupied or intended for occupancy by mobile homes.

103.

104.

105.

106.

107.

MULTI-FAMILY BUILDING: A detached building designed and used exclusively as
a dwelling by three or more families occupying separate suites.

108.

109.

110.

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111.

OUTDOOR: Refers to that which is not enclosed within a building.

112.

113.

PACKAGE SEWAGE TREATMENT PLANTS: This term refers generally to private,
developer-installed, sewage treatment plants.

114.

PERMANENT FOUNDATION: A system of supports that is:
a.

Capable of transferring, without failure, into soil or bedrock, the
maximum design load imposed by or upon the structure;

Constructed of concrete; and

Placed at a depth below grade adequate to prevent frost damage.

115.

PERSONAL COMMUNICATION SERVICES: Commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access
services as deﬁned in 47 U.S. C. sec. 332(c).

116.

PLAN: This term refers to a Development Plan, as deﬁned above.

117.

PLANNED UNIT DEVELOPMENT PROJECTS: A development of land under
uniﬁed control which is planned and carried out as a whole, or programmed in a
series of development stages and which adheres to a development plan
approved by the Planning Commission. The development may include a mixture
of land uses, clustering of residential units of varying types, and common
recreational/open space and other site features and improvements through
ﬂexible regulations which encourage creative design. A complex of structures
and uses planned as an integral unit or community development. Referred to as
PUD.

118.

PLANNING COMMISSION: The term “Planning Commission” shall mean the
Georgetown – Scott County Planning Commission Board, otherwise known as
the Georgetown-Scott County Joint Planning Commission, the Scott Joint
Planning Commission or the Commission.

119.

120.

PLAT: This term refers to a Subdivision Plat, as deﬁned below.

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121.

PLAT, MORTGAGE: A mortgage plat shall consist of a surveyed boundary of a
property showing no division lines for the express purpose of providing a lending
institution a record of the property.

122.

PREMISES: A lot or other tract of land under one ownership and all the
structures on it.

123.

124.

PRINCIPAL STRUCTURE: The principal building or other structure on a lot or
building site designed or used to accommodate the primary use to which the
premises are devoted.

125.

PRINCIPAL USE: The predominant use to which the lot or property is or may be
devoted and to which all other uses are accessory.

126.

PRIVATE STREET: Any street that is privately owned and maintained. Private
streets cannot be through streets. (In e ect in City of Georgetown Only)
Deﬁnition Amended 08/17/2006 City of Georgetown Ord 2006-019).

127.

PROJECT: The term "project" when used throughout this document shall refer to
any and all subdivisions or developments.

128.

PUBLIC SERVICE BUILDING: Any building necessary for the operation and
maintenance of a utility.

129.

RETAIL SALE: The sale of any product or merchandise to customers for their
own personal use; not for resale.

130.

RESERVOIR PROTECTION AREA: The area designated in the Growth and Land
Use Element of the Comprehensive Plan that drains into the planned reservoir.

131.

132.

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or hereafter exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, bridges, or any other public place, area, or
property under the control of the federal government, Commonwealth,
municipality, or municipal authority. Private Rights-Of-Way and other
government-owned lands not listed above shall not be considered a Right-ofWay. The phrase “in the Right(s)-Of-Way” means in, on, over, along, above and/or
under the Right(s)-Of-Way.
133.

ROAD OR STREET: A vehicular tra c carrying way which may be maintained by
private owners, local, state, or federal government. As used in the Zoning
Ordinance a road may be privately owned.

134.

135.

136.

137.

138.

139.

SIDEWALK: A way or portion of a way intended primarily for pedestrian tra c.

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140.

141.

142.

143.

SIGNIFICANT TREES: As used in these Regulations, signiﬁcant trees include
those trees of speciﬁc species, size, and habitat location that are distinctly
characteristic to the Bluegrass Region.

144.

SINKHOLE: Any closed depression formed by removal (typically underground) by
water of surface soil, rock or other material. The existence of a sinkhole shall be

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as indicated by the closed depression contour lines on the U.S.G.S. topographic
maps, S.C.S. Soil Survey Maps, or other documents approved by the Engineer. Its
actual limits may, however, be determined by ﬁeld measurements with
concurrence of the Engineer.
145.

SINKHOLE DRAINAGE AREA: Any area that contributes surface water directly to
one or more sinkholes; this does not include areas which contribute surface
water indirectly to a sinkhole (via streams).

146.

SITING BOARD REGULATED SES: An SES that constitutes a “merchant electric
siting facility” under KRS 278.700(2), the construction and siting of which is
subject to review and approval of the Kentucky State Board on Electric
Generation and Transmission Siting. A merchant electric siting facility is an
electricity generating facility or facilities that, together with all associated
structures and facilities are capable of operating at an aggregate capacity of ten
megawatts (10 MW) or more and sell the electricity produced in the wholesale
market, at rates and charges not regulated by the Kentucky Public Service
Commission. (Deﬁnition Added 03/24/2022 Scott County Ord. 22-02, In e ect in
County only).

147.

SLEEPING ROOM: A single room rented for dwelling purposes but without the
amenities for separate and independent housekeeping.

148.

SMALL CELL TOWER: Any structure under ﬁfty (50) feet in height with an
antenna or transmitter that is constructed for the sole or primary purpose of
supporting any Federal Communications Commission – licensed or authorized
antennas and their associated facilities, including structures that are
constructed for wireless communications services including but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless
services and ﬁxed wireless services such as microwave backhaul, and the
associated site. A pole originally installed for the primary purpose of supporting
wireless telecommunications equipment, regardless of the timeframe between
pole installation and connection/implementation of Transmission Equipment, is
considered a Small Cell Tower, and is not a Utility Pole. The term Small Cell Tower
includes structures erected to support Antennas and Related Equipment, mini
cell towers, distributed antenna system towers, micro cell towers, mini cells, WiFi antennas, or similar technology.

149.

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equipment, is no more than three cubic feet in volume; and (ii) All other wireless
equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume.
150.

SOLAR ENERGY SYSTEMS (SES): A device, including its components and
subsystems, that collects solar energy for electricity generation, consumption, or
transmission, or for thermal applications .(In e ect in County only). SESs are in
turn divided into three types depending on how the system is incorporated into
the existing land use:
a. Integrated Solar Energy System: A SES where the solar materials are
incorporated into the building materials such that the building and solar
system are reasonably indistinguishable, or where the solar materials are
used in place of traditional building components, such that the SES is
structurally an integral part of the house, building, or other structure. An
Integrated SES may be incorporated into, among other things, a building
façade, skylight, shingles, canopy, light, or parking meter.
b. Rooftop Solar Energy System: A SES that is structurally mounted to the
roof of a house, building, or other structure and does not qualify as an
Integrated SES.
c. Ground Mounted Solar Energy System: A SES that is structurally
mounted to the ground and does not qualify as an Integrated SES. Ground
Mounted SESs are subcategorized as follows:
d. Small Scale Ground Mounted Energy System (Small Scale SES) which
is a Ground Mounted SES with a Footprint of less than 2,500 square feet.
e. Intermediate Scale Ground Mounted Energy System (Intermediate
Scale SES) which is a Ground Mounted SES with a Footprint of at least
2,500 square feet but less than ten (10) acres.
f.

Large Scale Ground Mounted Solar Energy System (Large Scale SES)
means a Ground Mounted SES with a Footprint of at least or more ten (10)
acres.

(Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only).
151.

STAFF: Those assigned to support and/or administer the powers and duties
prescribed to the Planning Commission.

152.

STEALTH TECHNOLOGY FOR TELECOMMUNICATIONS TOWERS: Design
techniques used to blend objects into the surrounding environment and to

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minimize visual impact. These design techniques may be applied to wireless
communications towers, antennas, and other facilities, which blend the
proposed facility into the existing structure or visual backdrop in such a manner
as to render it less visible to the casual observer. Such methods include but are
not limited to facilities constructed to resemble light poles, ﬂag poles or other
streetscape amenities. The use of additional features such as ﬂags, decorative
streetlamps, and banners or signs may be utilized to blend the proposed facility
into the visual backdrop.
153.

Local Streets: Streets used primarily for access to abutting properties
and which carry or will carry limited volumes of tra c.

STRUCTURE: Any combination of materials fabricated to fulﬁll a function in a
ﬁxed location on the land. See Building.

155.

SUBDIVIDER: Any individual, ﬁrm, association, corporation, governmental
agency or any other legal entity commencing proceedings under these

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regulations, to create a subdivision of land as deﬁned herein for himself or for
another.
156.

SUBDIVISION: The division of a parcel of land into three (3) or more lots or
parcels for the purpose, whether immediate or future, of sale, lease or building
development, or if construction of a new street or street extension, widening, or
improvement is involved, any division of a parcel of land; provided that a division
of land for agricultural use and not involving a new street, extension, or widening
shall not be deemed a subdivision. The term includes re-subdivision, and when
appropriate to the context, shall relate to the process of subdivision or to the
land subdivided. Any division of land into parcels of less than one (1) acre
occurring within twelve (12) months following a division of same land shall be
deemed a subdivision within the meaning of this regulation.

157.

158.

SUBDIVISION, MINOR:
a. (1) The division of a tract of land into three (3) or fewer single-family
residential, non-agricultural lots, including the remainder of the original tract.
Such lots shall front on an existing public street, except where a single lot is
added behind an existing lot that fronts on such a street, and shall involve no
new street construction, widening, or extending of an existing street, or any
other major public improvements.
b. (2) Only one (1) minor subdivision plat may be shall be submitted and
approved per parent tract. The parent tract shall be identiﬁed as any property
in existence at the time of the adoption of this requirement, using the records
contained in the Property Valuation Administrators O ce, the Scott County
Clerk’s O ce and the Planning Commission O ce. Subsequent subdivision of
such property shall be classiﬁed as a Major Subdivision, regardless of the
number of lots, and require the submission of a Preliminary Subdivision Plat
in accordance with Article III. (Amended by City of Georgetown Ordinance
1999-026, 7/15/1999)
c. The following are also classiﬁed as a minor subdivision:

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A subdivision for the purpose of the transfer of land between
adjacent property owners and not involving the creation of any
new lots or building sites;

ii.

iii.

Five or less condominium units of previously built developments.

iv.

159.

160.

161.

162.

TECHNICAL REVIEW COMMITTEE: A Committee consisting of the Planning
Commission Sta , representatives of utility and infrastructure providers, and the
Scott County Soil Conservation Service, that meets monthly according to the
Planning Commission's Adopted Filing and Review Schedule to discuss and
review all major plats and plans submitted for approval. Referred to in these
Regulations as TRC.

163.

164.

TRANSMISSION EQUIPMENT FOR TELECOMMUNICATION TOWER: Equipment
that facilitates transmission for any Federal Communications Commission-

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licensed or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or ﬁber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless
communications services including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and ﬁxed wireless
services, such as microwave backhaul.
165.

166.

167.

URBAN SERVICE BOUNDARY: That area designated as such in the
Comprehensive Plan, planned to be the limitation of future urban development
and urban services.

168.

USE: Use broadly refers to the activities which take place on any land or
premises and also refers to the structures located thereon and designed for
those activities.

169.

UTILITY FOR TELECOMMUNICATION TOWER: Has the meaning as deﬁned in
KRS 278.010(3).

170.

171.

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172.

173.

VARIANCE: A departure from the strict conformance with the dimension and
area regulations which must ﬁrst receive the approval of the Board of
Adjustment.

174.

175.

176.

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c. Side Yard: Those portions of the yard extending from the front yard to the
rear yard and measured between the side lot lines and parallel lines
tangent to the nearest part of the principal building.
177.

WETLAND: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration su cient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include but are not limited to
swamps, marshes, bogs, and similar areas.

2.2 APPLICATION OF REGULATIONS
All existing and future structures and uses of premises with Scott County and
incorporated areas shall conform to all applicable provisions of the Zoning
Ordinance. Each zoning district is established to permit only those uses listed as
permitted, except as provided under the non-conforming or conditional use
provisions, and is intended for the protection of those uses. No other uses are
permitted.
2.2.1 2.33

CONDITIONAL USE REGULATIONS

Conditional uses may be permitted in districts as designated under the
zoning district regulations but and only when speciﬁcally approved by the
Board of Adjustment. Planned development projects and subdivisions, when
permitted as conditional uses, shall be subject to the respective regulations
governing their approval. All other conditional uses shall be subject to the
following regulations:
1. ALL DISTRICTS:
The following conditional uses are conditional uses in all zoning districts:
only may be approved in all zoning districts:
a. Non-local public utility and private transmission lines and pipes.
b. Radio, T.V., and telephone transmission structures.
c. Large utility structures and public service buildings.
d. Expansion of railroads and appurtenances.
e. Government buildings and uses.
f.

Churches, libraries, educational and recreational facilities.

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2. SPECIFIED DISTRICTS: Other conditional uses may be approved only in
those zoning districts where they are designated as conditional uses under
the zoning district regulations.
3. PROCEDURE:
a. In applying for a conditional use permit, the applicant shall submit a
plan to the Enforcement O cer and follow all procedures set forth in
Paragraph 5.24, procedure for building permit application. The
Enforcement O cer shall refer the application to the Board of
Adjustment. The Planning Commission shall may establish a schedule
of reasonable fees to be charged for conditional use permits. The
applicant shall meet with the Board of Adjustment which may shall
attach reasonable special conditions to an approval of a conditional
use to ensure that there will be no departure from the provisions and
intent of this Zoning Ordinance. These special conditions may be
similar to the conditions that may be required for a planned
development project. E ect of the conditional use on surrounding
uses and all o cially adopted plans shall be approved or disapproved.
b. The Board of Adjustment may approve the application and may issue
written authorization to the Enforcement O cer to insure a building
permit in full conformance with Section 5.2. The conditional use, if
approved, shall conform to all attached conditions.
4. OTHER REGULATIONS: The applicant shall pay all required fees prior to the
review of the conditional use permit. Payment of a fee shall may be required
of the applicant before the issuance of the conditional use permit. Other
regulations for conditional use permits are as follows:
a. The Board may attach necessary conditions such as time limitations,
requirements that one or more things be done before the request can
be initiated, or conditions of a continuing nature. Any such conditions
shall be recorded in the Board's minutes and in the conditional use
permit along with reference to the speciﬁc section on the zoning
regulations listing the conditional use under consideration. The Board
shall have the power to revoke conditional use permits or variances for
non-compliance with the conditions thereof.
b. Granting of a conditional use permit does not exempt the applicant
from complying with all the requirements of this ordinance and other
ordinances and regulations of the pertinent legislative body.

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c. Per KRS 100.237, If a conditional use permit has not been exercised
within one (1) year from the date of issuance, within the meaning of
KRS 100.237 a public hearing may be called to revoke said permit.
d. The Enforcement O cer shall review all conditional use permits
except for those for which all conditions have been permanently
satisﬁed, at least once annually and shall have the power to inspect
the land or structure where the conditional use is located in order to
ascertain that the landowner is complying with all the conditions
which are listed on the conditional use permit.
If the landowner is not complying with all conditions listed on the
conditional use permit, the Enforcement O cer shall report the fact in
writing to the Chairman of the Board of Adjustment. The report shall
state speciﬁcally the manner in which the landowner is not complying
with the conditions on the conditional use permit and a copy of the
report shall be furnished to the landowner at the same time that it is
furnished to the Chairman of the Board of Adjustment. Upon hearing
the report as required by KRS 100.236, if the Board ﬁnds that the facts
alleged are true and that the landowner has taken no steps to comply
with them between the dates of the report and the date of the
hearing, the Board shall make a determination on the matter and as
part of the determination may authorize the Enforcement O cer to
revoke the conditional use permit and to take the necessary legal
action to cause the termination of the activity.
e. Bed and Breakfasts allowed in R-2, R-3, and Historic zones shall be
reviewed for adverse visual impact on neighboring residential
properties resulting from the required o -street parking. Upon a
ﬁnding that adverse visual impact will occur, the Board of Adjustment
shall require screening to mitigate the adverse visual impact.
f.

Approval of a conditional use permit for a Bed and Breakfast shall not
be given where the proposed use would require the modiﬁcation of the
building exterior in a manner inconsistent with the single-family
character of the house and the character of the surrounding
neighborhood.

g. Bed and Breakfast shall be allowed as a conditional use in all
unincorporated areas regardless of zone classiﬁcation.

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2.3 COORDINATION WITH SUBDIVISION REGULATIONS
In all cases where the ownership of land is divided for the purpose of eventual
development of lots of any kind--residential, commercial, or industrial--the
provisions of the Subdivision Regulations, heretofore adopted for Scott County and
incorporated areas and amendments thereto, shall apply in addition to the
provisions of the Zoning Ordinance.
It is desirable that access points to the arterial streets serving all zoning districts
shall be located no more frequently than one every eighth to quarter mile.
Topography and tra c volumes shall determine the exact locations. Heavy arterial
tra c volumes demand greater access spacing. Along any arterial street where
subdivided land and its minor streets are su ciently developed to permit
acceptably spaced access points, the Georgetown-Scott County Planning
Commission (hereinafter known as the Planning Commission) may approve the
platting of temporary access points which shall be eliminated by the developer
when minor streets or marginal access streets are extended to the approved
permanent access points. Such requirements shall be listed as special conditions
on the recorded ﬁnal plat. Access points shall also meet federal and state standards
where applicable.

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EDITOR’S NOTE
Sections 2.32.I and 2.32.II are proposed to be edited by ZOTA-2025-04. For
continuity purposes, these sections have been included in their currently adopted
form.
2.32. I
PLANNED DEVELOPMENT PROJECT REGULATIONS (PLANNED UNIT
DEVELOPMENTS)

A planned-development project may be allowed in those zoning districts
where it is designated as a permitted use under the zoning district
regulations. (A minimum of ﬁve acres is required for a planneddevelopment project). A planned-development project may depart from
literal conformance with individual lot dimension and area regulations. A
planned-development project may be under single or divided ownership.
All planned-development projects shall be subject to the following
regulations:
PROCEDURE: When a planned-development project is proposed, the
procedure for subdivision approval as set forth in the Georgetown-Scott
County Subdivision Regulations shall be followed in its entirety even
though the ownership of land may not be divided. A preliminary plat and
ﬁnal plat, both approved by the Planning Commission, shall be required
for every planned-development project. The Planning Commission may
establish a schedule of reasonable fees to be charged for plat review. The
project shall be developed according to the approved ﬁnal plat. Building
permits and certiﬁcates of occupancy shall be required for each building
according to Sections 5.2 and 5.3 of this Zoning Ordinance.
USES AND DENSITIES: The uses of premises and development densities
in a planned-development project shall conform to the permitted uses
and densities of the zoning district in which it is located. If a planneddevelopment project is proposed which included uses or densities that
are not permitted in any zoning district, the project may be permitted
after approval by the Planning Commission.

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STANDARDS: In any planned-development project, although it is
permissible to depart from literal conformance with the individual lot
dimension and area regulations, there shall be no diminution of total
equivalent lot area, parking area and loading and unloading area
requirement that would be necessary for the equivalent amount of
individual lot development with one exception; the Planning Commission
may allow reductions in these requirements if the developer can
satisfactorily prove that large scale development may permit such
reductions without destroying the intent of these regulations.

SPECIAL CONDITIONS: The Planning Commission shall attach
reasonable special conditions to ensure that there shall be no
departure from the intent of this Zoning Ordinance. The planneddevelopment project shall conform to all such conditions. Because
a planned-development project is inherently more complex than
individual lot development and because each such project must be
tailored to the topography and neighboring uses, the standards for
such projects should be ﬂexible. The Planning Commission shall
attach special conditions based on all of the following standards in
addition to imposing the standards for total area, parking area, and
loading and unloading area deﬁned in Paragraph C above. The
Planning Commission may also attach any other reasonable special
conditions.
Assisted Living Facilities shall be permitted as part of a Planned Unit
Development within area comparable to the respective districts noted in
Section 2.54.C.
Note: These areas that contain Assisted Living Facilities may also
reasonably contain attached or separate Nursing Home (Rest Home)
Facilities, Elderly Apartment Building(s), and duplexes for the elderly or
single-family residences for the elderly.
2.32. II

CONDOMINIUM REGULATIONS

Condominiums are permitted in all districts where attached buildings are
permitted, and are permitted in approved P.U.D.'s when designated.
Condominium developments shall follow the procedure as established in
the Subdivision Regulations and as established for P.U.D.'s.

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The Planning Commission shall act upon condominiums in the same
manner as for P.U.D.'s except that the overall density requirement is
derived from the particular zoning district. Some variation from these
regulations may be permitted by the Commission when the development
is of a non-residential nature.
The Commission may, as a condition of approval, attach special
requirements to insure general conformity to the Comprehensive Plan or
to the municipal ordinance or county resolutions and to insure adequate
maintenance of the development.

2.4 GENERAL REGULATIONS FOR STRUCTURES AND USES
2.4.1

NON-CONFORMING STRUCTURES

Non-conforming structures may remain subject to the following regulations:
1. ALTERATIONS: A non-conforming structure shall not be enlarged, replaced, or
altered except in conformance with the Zoning Ordinance. Any structure,
however, may be restored to a safe condition if declared unsafe by the
Enforcement O cer or other o cial with jurisdiction, except as provided in B.
2. Any structure containing a non-conforming use which has been damaged to the
extent of 55% or more of its then actual value, exclusive of foundations, shall not
be repaired or reconstructed except in conformance with this Ordinance; and in
the event that the Building Inspector's estimate of value or damage is not
acceptable to the applicant, the extent of damage and actual value shall be
determined by a Board of three arbitrators; one to be named by the County
Judge, one by the applicant and one by the ﬁrst two named.
3. CONSTRUCTION APPROVED PRIOR TO ADOPTION OR AMENDMENT OF THE
ZONING ORDINANCE: Proposed structures for which building permits have been
issued prior to their designation as non-conforming by the adoption or
amendment of this Zoning Ordinance may be completed and used as originally
intended provided that they are completed and in use one year after the date on
which the building permit was issued, except that signs over public property are
not a ected by this provision.

2.4.2

NON-CONFORMING USES

Non-conforming uses may be continued shall be subjectbe subject to the
following regulations:

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1. EXTENSIONS: A non-conforming use shall not be moved to occupy any portion
of the premises, either land or a structure which was not originally occupied by
the non-conforming use.
2. DISCONTINUED: No A non-conforming use may shall not be re-established
after it has been discontinued for twelve months. Vacating of premises or
buildings of non-operative status for such period shall be evidence of a
discontinued use.

2.4.3 REGULATIONS FOR OFFICIAL LOTS OF RECORD LOT OF RECORD MAY VARY
FROM REGULATIONS
When a lot which is an o cial lot of record at the time of adoption of this
resolution does not comply with the area yard, or other requirements of this
resolution, an application may be submitted to the Board of Adjustment for a
variance from the terms of this resolution in accordance with the procedure
outlined in Section 5.4, BOARD OF ADJUSTMENT. Such lot may be used as a
building site, provided that in the opinion of the Board of Adjustment, the yard
and other requirements of the district are complied with as closely as possible.
2.4.4 APPROVED WATER SUPPLY AND SEWAGE DISPOSAL FOR BUILDING
1. All subdivision, buildings and mobile homes shall be provided adequate water supply
and sewage disposal as herein provided as approved by the County Health
Department and appropriate water district. Proposed developments involving ten
(10) lots or more, where overall density is less than ﬁve (5) acres per unit shall be
connected to approved community sewage facilities.
2. When septic tanks are used, or proposed to be used, no more than ﬁve (5) dwelling
units (or equivalent) will be permitted to drain into the same general area, or
ultimately, into a sinkhole.
3. The Planning Commission shall investigate, or shall have investigated, topographic
contours, soils, type and extent of e uent, and if necessary, geologic conditions in
determining what constitutes the same general area.

4. Sinkholes shall remain undisturbed and silt-free in any development. Septic tanks
eventually draining into a sinkhole shall not be located closer than 500 feet from the
lower surface elevation of such sinkhole.

5. Evidence of Health Department approval of proposed or completed water and sewer
facilities shall accompany all applications for building permits and certiﬁcates of
occupancy.

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2.4.5

REGULATION OF PRINCIPAL BUILDING

Unless a plat has been approved for a planned development project, only one
principal building and permitted accessory structure may be erected on any lot
of record or any conforming lot. Temporary structures are permitted during
construction only.
2.4.6

REGULATION OF ACCESS TO ARTERIAL HIGHWAYS

1. It is desirable that Access points to all arterial streets shall be located no more
frequently than one every eighth to quarter mile. The Planning Commission may
approve the platting of temporary access points in conformance with Section 2.31 of
the Zoning Ordinance.
2. Wherever there is an abrupt change in uses, e.g., residential to commercial, it is
desirable that a bu er area of open space or protective planting shall be placed
between them which will protect each use from the undesirable e ects of the other.
3. Parking and other public areas used at night shall be adequately lighted and private
areas and/or residential areas shall be adequately protected from such lighting and
any other lighting from public areas. Public streets may shall also require protection
from excessive glare of lighted areas.

2.5

SPECIFIC USE REGULATIONS

2.5.1 QUALIFIED MANUFACTURED HOUSING, MANUFACTURED HOUSING AND
MOBILE HOMES
Section 2.5.1 created 02/26/2004 Scott County Fiscal Court Ord 2004-01 and
03/04/2004 City of Georgetown Ord 2004-006.
Section 2.5.1 amended 05/10/2021 City of Georgetown Ord 2021-04, In e ect in
City only)
a. For the purpose of these regulations, four basic types of mobile homes development
have been deﬁned. They are: (1) mobile homes parks; (2) mobile home subdivisions;
(3) mobile home camps (or trailer parks); and (4) a mobile home on a single lot and
solid foundation. All such uses shall conform to all applicable provisions of KRS 219,
as amended, all provisions of this ordinance, and all attached special conditions.
i.

MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS: May be permitted as a
conditional use only in R-2 and R-3 districts. In County only, may be permitted as
a conditional use only in B-2, R-2, and R-3 districts. Mobile home camping areas
may be permitted by conditional use in B-2 districts or as accessory uses in
recreational areas. All mobile home parks shall be subject to the standards of

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development established in the Subdivision Regulations. A plat plan shall be
submitted to the Enforcement O cer who shall review such plan to see that the
following information at a minimum is shown:
i.

Name and address of applicant and/or owner.

ii.

Name, location and size of Mobile Home Park.

iii.

Approximate dimensions and locations of lots (also numbered), roads and
pavement, easements, parks, community buildings, existing buildings to
remain, and existing buildings within 200 feet of exterior property lines.

iv.

Contour lines at an interval of 10 feet along with existing natural features.

General location of all utilities and method of sewage disposal.

vi.

Public or community areas.

vii.

Large scale plan of at least one typical mobile home lot showing mobile
home location, automobile parking space, minimum yard requirements,
etc.

viii.

Location of planting for landscaping or bu er purposes when necessary.

ix.

Identiﬁcation of abutting property owners.

Proposed street right-of-way and pavement type and widths along with
curb gutter and sidewalk proposals.

xi.

Certiﬁcates from the County Health O cer.

b. When the Enforcement O cer has determined the application for mobile home
parks or trailer camps complete, including payment of fees, the application is
sent to the Board of Adjustment who shall proceed to consider the application in
the same manner as set forth in Paragraph 2.33 and in KRS 100.217 through
100.263.
c. In the case of Mobile Home Subdivision the applicant is expected to meet all of
the requirements for preliminary plat approval in his initial application to the
Board.
d. Upon preliminary approval of the mobile home subdivision by the Board the
application together with any conditions the Board might attach, the application
is forwarded to the Planning Commission for Preliminary and Final Plat
consideration. Both bodies must approve the application and act on all variances
requested before any site preparation may begin.

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e. Mobile homes are permitted in Agricultural Districts and in Conservation Districts
on the minimum lot size established for the district unless provisions of Article II,
Section 2.1 (2) are applicable.
f. DEVELOPMENT STANDARDS FOR MOBILE HOMES: The following standards and
requirements are minimum standards for the development of mobile home
facilities and may be increased at the option of the developer but may be
decreased only by approved variances by the Board (and Planning Commission
as in the case of subdivisions).
i.

There are no minimum nor maximum numbers of mobile homes that may
be permitted in an approved development, other than density
requirements, special conditions that may be imposed by the Board (or
Commission when subdividing), or self-imposed limitations that the
developer presents. Development shall be in strict accordance with the
plans approved by the Board or Commission, including any and all staged
development.

ii.

Mobile Home Parks and Mobile Home Subdivisions: All requirements of the
Zoning District in which such use is proposed and KRS shall apply. 7

iii.

Mobile Home Camps (or camping areas for trailers) are permitted as a
conditional use only in B-2 districts or as conditional accessory uses in
major recreational areas. In County only, conditional use in the B-3 zone
or as accessory uses in recreational areas. Due to the temporary or
seasonal nature of this use, special development regulations are
necessary. In addition to fulﬁlling the requirements of KRS 219 as a
minimum, the following requirements are to be followed:
1. The same application, unless changes were granted, that is
submitted to the Board of Adjustment, shall be submitted to the
Department of Health for their consideration.
2. The minimum lot for each trailer is 3,000 square feet.
3. Adequate open space and recreation areas shall be provided in
accessible locations.

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4. Accessory commercial uses are permitted, but no closer than 100
feet from the nearest trailer or camping lot.
5. The layout and lot arrangement shall provide maximum privacy.
This may be achieved through landscaping, natural features, radial
or alternative lot arrangements, etc.
a. In county only, the layout and lot arrangement shall be
such that maximum privacy was an obvious
consideration.
6. The surface of the parking area shall be improved, either paved or
(8") compacted gravel or as approved by the Board.
7. All roads shall be improved as approved by the Board.
8. All lots and streets shall be properly drained.
iv.

ISSUANCE OF BUILDING PERMIT: The Planning Commission or the Board
of Adjustment, if delegated by the Planning Commission, may attach
reasonable special conditions to its approval of a mobile home
development and may direct the Enforcement O cer to issue a building
permit. The Enforcement O cer shall not issue a building permit until he
has received written authorization from the Planning Commission or
Board of Adjustment, and the applicant shall not start construction until
he has also obtained a valid construction permit from the State
Department of Health as required by KRS 219.

ISSUANCE OF CERTIFICATE OF OCCUPANCY: The Enforcement O cer
shall issue a certiﬁcate of occupancy only after he has determined that
the mobile home development has been prepared according to all
applicable regulations and special conditions. The applicant must also
obtain a valid permit to operate from the State Department of Health as
required by KRS 219.

vi.

vii.

MOBILE HOMES IN AGRICULTURAL AND CONSERVATION DISTRICTS: The
following regulations shall be applicable in A-1 and C-1 districts.

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Mobile homes may be permitted in Agricultural districts and in
conservation districts on the lot sizes speciﬁed for farm dwellings.

4. QUALIFIED MANUFACTURED HOUSING PROPOSAL PROCESS
g. STEP ONE: CHOOSING A SITE FOR A QUALIFIED MANUFACTURED HOME AND/OR
MANUFACTURED HOME 8 . A qualiﬁed manufactured house may be placed on
residential lots consisting of urban inﬁll, urban development or development with
urban densities (lot sizes up to 1.0 acre or for densities greater than 1 dwelling
unit per acre). Manufactured housing may be placed on agricultural lots
providing 1 dwelling unit per 5 acres.
h. STEP TWO: SITE SELECTION AND DESIGN. Once you have selected your site, you
should review this document to fully understand the application process and
how the compatibility standards relate to your property. These standards as well
as the application process will be explained in the following sections of the
document.
i.

STEP THREE: REVIEW. Formal review of proposals will be in conformance with the
process and procedures contained within the Subdivision & Development
Regulations and outlined in the Zoning Ordinance.

STEP FOUR: PERMITS AND APPLICATION. The applicant will be required to obtain
a building permit from the Building Inspection Department. In addition, an
application and supplemental materials will be required. The application will
include materials such as photographs of surrounding property, site plan, and
facade elevation.

k. DESIGN AND APPLICATION SUBMITTAL AND REVIEW PROCESS
i.

Intent: The purpose of compatibility standards for manufactured housing
is to permit local governments to adopt and enforce, as a part of its
zoning regulations, compatibility standards governing the placement of
qualiﬁed manufactured homes in residential zones, within the local
government’s jurisdiction.

ii.

Guidelines: The qualiﬁed manufactured home shall be reviewed for its
compatibility with architectural appearance and similarity with (1)
adjacent development or surrounding developments (i.e. either side of the
proposed site within the same block face and adjacent to the rear), (2)

Refer to definitions (Section 2.1) to clarify between a Qualified Manufactured House and a
Manufactured House.
8

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development within the same zone or general area, or (3) within a oneeighth (1/8) mile radius or less from the proposed location of the qualiﬁed
manufactured home.
iii.

ARCHITECTURAL COMPATIBILITY GUIDELINES
i.

ii.

iii.

Windows: Front facing windows must have consistent size,
spacing, and proportion to that of the adjacent residences.

iv.

Foundation: The structure shall be permanently attached to a
permanent foundation system and shall be anchored in
accordance with the state standards set forth in KRS 227.550
through KRS 227.590.

vi.

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vii.

5. APPLICATION INSTRUCTIONS FOR QUALIFIED MANUFACTURED HOUSING
COMPATIBILITY STANDARDS
a. INTRODUCTION: This set of instructions is for compatibility review approval and is
intended to provide brief directions for ﬁling an application. It should not be
construed as deﬁnitive instructions for your application. These instructions are
general in nature and the Building Department and/or Planning Commission
reserves the right to request additional information on any speciﬁc application.
In addition, no guarantee of success is implied if these instructions are followed,
nor is denial if they are not.
b. APPLICATION PROCEDURES:
i.

To be an applicant, you must be an owner, lessee or prospective owner
with a purchase contract to place a qualiﬁed manufactured home on
designated residential areas.

ii.

These standards are set forth in the Zoning Ordinance. If you have
questions whether an action you propose is subject to review, you should
consult with the Chief Building Inspector or Planning Commission sta ,
where applicable. When it is determined that you need approval, you
should complete the attached application form and ﬁle it with the
Building Inspector.

c. SPECIFIC INSTRUCTIONS FOR COMPLETING APPLICATION FORM
iv.

Applicant: Provide the name, address and telephone number of the
applicant. The applicant is the owner, lessee, or purchaser under contract
for the property. The telephone number should be where the applicant
can be reached during normal business hours.

Property A ected: Provide address for the property to be reviewed. If the
property is a newly created lot, an address will be assigned at the time of
the building permit.

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vi.

Submissions: The speciﬁc submission requirements may vary from
application to application. Below are the guidelines for the minimum
requirements.
5. Site Plan: A site map should be submitted. This map should be
drawn to scale and preferably submitted on an 81/2” x 11” sheet,
but in no case exceed 11” x 17”. The plan should show the property
lines, building footprint, building setbacks and signiﬁcant site
features such as fences, sidewalks, driveways, accessory
buildings, and trees.
6. Building Elevations: All applications involving compatibility
standards to the exterior of the building shall provide an elevation
drawing. The drawing must be to scale and should not exceed 11” x
17” in size. The drawing should be produced for every façade that
will change, no matter how slight the change.
b. The façade elevations should show the proposed changes
or designs. Each change or new element should be clearly
identiﬁed on the elevations. All new materials should be
clearly identiﬁed.
7. Photographs: All applications must be accompanied with
photographs. You may provide black and white or color
photographs, at least 3 ½” x 5” in size, or provide digital
photography on DSHD diskettes (1.44 mb) or CD-R data disk (650700 MB).
b. Provide photos clearly detailing general views of properties
immediately adjacent to the project site. The photos may be
taken from public spaces such as the sidewalk and streets.
If a camera is not available for use, the applicant may use
the Property Valuation cards provided in the P.V.A. o ce
located on the 2nd ﬂoor of the Scott County Courthouse.
8. Speciﬁcations: Provide speciﬁcations for the construction or the
materials to be added to the project on a separate sheet if they
cannot be included in façade elevation.
a. Examples of compatibility based on Architectural Design
including Roof Pitch, Building Height, Location of Entry,
Porches and Exterior Finishes

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Image 1.
The location of entry is
facing the street. The
compatibility is based on the
roof pitch, stucco exterior,
porch and entry location.

Image 2.
Compatibility standards are
applied to the structure that
includes second level, porch,
portico and garage.

2.5.2 JUNKYARDS & AGRICULTURAL SALVAGE YARDS
1. Junkyards
a. Junkyards are not designated as permitted uses in any district and are may
be permitted only as a conditional use in Industrial Districts.

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b. Existing junkyards in districts other than Industrial shall conform to Section
2.42 of this Zoning Ordinance prescribing regulations for non-conforming
uses.
c. The Enforcement O cer shall insure that all existing junkyards maintain valid
permits to operate issued by the Kentucky Department of Highways as
required by the Kentucky Revised Statutes 177.905 through 177.990, and he
shall ensure that all screening required by the Department of Highways is
maintained.
a.d.
The Planning Commission may authorize the Enforcement o cer to
require that all existing junkyards, in addition to the permit to operate, shall
maintain valid certiﬁcates of occupancy as non-conforming uses according
to paragraph 5.31 of the Zoning Ordinance.
e. A new junkyard may shall be permitted as a conditional use in Industrial
Districts only in full conformance with special conditions on a development
plan and the Kentucky Revised Statutes cited above. The development plan
must be approved by the Planning Commission prior to and subject to the
issuance of a conditional use permit.
2. Agricultural Auto Salvage Yards
a. Agricultural Automobile Salvage Operations are only permitted in the in the
Agricultural Auto Salvage (A-1S) zone. The following requirements are met:
i. The proposed storage site must contain no prime farmland or
farmland of state-wide importance, as deﬁned by the Soil
Conservation Service of the United States Department of Agriculture;
and
ii. The proposed storage site must have its entrance on a public road and
no more than one mile from a primary two-lane road; and
iii. The topography of the proposed storage site must be such that the
site is not visible from any roadway or neighboring property. Minimal
topographical deﬁciencies may be corrected with plantings, the
design of which must be approved by the Commission as part of the
development plan approval; and
iv. The proposed storage site must be removed from all ﬂoodplains and
property lines a minimum of ﬁve hundred (500) feet; and

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v. The applicant seeking approval for an automobile salvage operation
must document all sinkholes located within ﬁve hundred (500) feet of
the automobile salvage operation and demonstrate that either:
1. the proximity of the sinkholes to the operation poses no threat
to underground water quality, e.g., the sinkhole is located in an
area which shall not receive drainage from the salvage
operation or that the drainage received by the sinkhole shall
not degrade underground water quality. The applicant's basis
for satisfying this requirement shall be valid scientiﬁc evidence
related to topography, geology, or hydrology; or
2. proposed engineering of the salvage operation shall prevent
any run-o from the operation from entering the sinkholes.
3. The proposed storage site must be designed to include
adequate ﬁre lanes between storage areas, i.e., the distance
between lanes must not be greater than the ﬁre hose can
reach.
1.4. The proposed storage site, development plan, or automobile
salvage operation meets any additional special conditions
adopted with the rezoning ordinance that are necessary to
protect the environment and the public from potential negative
impacts that are particular to the site or proposed use.

2.5.3 SOLAR ENERGY SYSTEMS
Added 03/24/2022 Scott County Ord. 22-02, In e ect in County only.
The following regulations are in e ect in unincorporated Scott County only.
1. PURPOSE
a. The purpose of this ordinance is to facilitate the siting, development,
construction, installation, and decommissioning of solar energy systems
(SESs) in Georgetown, Sadieville, Stamping Ground, and unincorporated
Scott County in a predictable manner that promotes and protects the safety,
health, and welfare of the community. This ordinance encourages the
appropriate siting of SESs to bolster local economic development and job
creation, diversify the state’s energy portfolio, strengthen energy and grid
security, and reduce other environmental impacts. The appropriate siting of
SESs considers, avoids to the extent possible, and mitigates any adverse
impacts to wildlife, productive and nationally important agricultural lands,

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forests, endangered species habitat, and historic, natural, and other sensitive
lands. The appropriate siting of SESs also establishes standards and
requirements to assure that the use and enjoyment of lands located adjacent
to an in the proximity of SESs are fully protected.
b. The requirements of this ordinance are intended to be supplemental to any
safety, health, or environmental requirements of federal, state, or local laws,
and regulations.
2. APPLICABILITY
a. This ordinance applies to the siting, construction, installation, and
decommissioning of any new SES within the jurisdiction Georgetown,
Sadieville, Stamping Ground, or Scott County after the e ective date of this
ordinance.
b. An SES in operation, or which has begun physical construction prior to
adoption of this ordinance, shall be considered to have legal nonconforming
status in accordance with KRS 100.253.
c. The following are not subject to this ordinance:
i.

Modiﬁcation to an existing SES that alone or in combination increases
the total SES Footprint by no more than 5% of the original Footprint.

ii.

Routine maintenance and repair, including replacement of solar
panels, not increasing the SES Footprint

iii.

Any Exempt SES shall provide the Planning Commission, Board of
Adjustment or other authority having jurisdiction, and Fiscal Court
with information concerning service facilities which have been
located on and relocated on private property in accordance with KRS
100.324(3).

iv.

An SES shall comply with all applicable federal, state, and local laws,
regulations, and permitting and other requirements, and applicable
building, ﬁre electrical, and plumbing codes.

3. CONDITIONAL USE PERMIT REQUIREMENTS & ALLOWED USES
a. The table below outlines whether primary and accessory uses for SESs are
permitted (P), require a conditional use permit (CUP), or are prohibited (N) in
each zoning district. The table is organized by the type of SES and whether
the proposed system is a primary or accessory use on the site. Integrated and
rooftop SESs cannot be primary uses by deﬁnition and are therefore marked
as not applicable (N/A).

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Zoning
District

Ground Mounted SES

Integrated
SES

Rooftop SES

Prim.

Acc.

Prim.

A-1

N/A

A-1R

N/A

A-1S

Small Scale9

Intermediate
Scale

Large Scale

Acc.

Prim.

Acc.

Prim.

Acc.

Prim.

Acc.

N/A

CUP

N/A

CUP

N/A

CUP

A-5

N/A

CUP

C-1

N/A

CUP

N/A

CUP

R-1 (A, B, C)

N/A

CUP

R-2

N/A

CUP

R-3

N/A

CUP

P-1

N/A

CUP

P-1B

N/A

CUP

B-1

N/A

CUP

B-2

N/A

CUP

B-3

N/A

CUP

B-4

N/A

CUP

B-5

N/A

CUP

BP-1

N/A

CUP

I-1

N/A

CUP

I-2

N/A

CUP

ESLI

N/A

CUP

These count as accessory only if their Footprint is less than 50% of the footprint of the primary
structure.
9

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4. GENERAL REQUIREMENTS APPLICABLE TO INTEGRATED AND ROOFTOP 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 an Integrated or Rooftop SES.
Such easement 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 Georgetown – Scott County Zoning
Ordinance regarding tree removal if applicable.
c. HEIGHT RESTRICTIONS. A rooftop SES shall conform to any height
restrictions for roof-mounted mechanical devices or equipment for the
applicable zoning district and shall not exceed more than ﬁve (5) feet above
the may exceed the maximum permitted height for the structure to which it
is attached. type by no more than ﬁve (5) feet. A rooftop SES shall be
positioned on the roof so as not to extend above or beyond the edge of any
ridge, hip, valley, or eave, provided that where it is mounted on a sloped roof,
the SES shall not vertically exceed the highest point of the roof to which it is
attached by more than ﬁve (5) feet.
d. LIGHTING. Integrated and Rooftop SESs shall not be illuminated and shall be
designed and installed to prevent o -site glare.
e. HISTORIC PRESERVATION. Where an integrated or rooftop SES is proposed
to be installed on a property located within an historic district or which is
listed on or eligible for listing on the National Register of Historic Places, the
proposed installation shall be coordinated with any review required by the
Zoning Ordinance for exterior renovations or additions to such structures.
5. GENERAL REQUIREMENTS APPLICABLE TO 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 an Integrated or Rooftop SES.
Such easement 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 Georgetown – Scott County Zoning
Ordinance regarding tree removal if applicable.

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c. LIGHTING. Lighting of Ground Mounted SES shall be limited to the minimum
necessary for safe operation, and shall be directed downward, incorporate
full cut-o features, and incorporate motion sensors where feasible. Lighting
shall be designed to avoid light trespass.
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 Board of
Adjustment or other authority having jurisdiction. The height restriction
excludes utility poles, storage batteries, and antennas constructed for the
project. A Ground Mounted SES may exceed twenty (20) feet in height upon a
ﬁnding that the SES would use less land, or provide other environmental,
economic, or other beneﬁts if the height limitation is increased. The height
restriction excludes utility poles, storage batteries, and antennas
constructed for the project.
e. SITING RESTRICTIONS FOR GROUND MOUNTED SES
i.

An Intermediate or Large-Scale Ground Mounted SES, measured from
the closer of the outer edge of the nearest panel or perimeter fencing,
shall be located at least one hundred (100) feet from the property line
of any property zoned for residential or agricultural use, at least thirty
(30) feet from the property line of any property zoned for commercial,
business, industrial, o ce, or institutional use, and at least one
hundred (100) feet from the centerline of any public road.

ii.

An Intermediate or Large Scale Ground Mounted SES, measured from
the closer of the outer edge of the nearest panel or perimeter fencing,
shall be located no closer than one hundred (100) feet from a
residence located on a property other than that on which the Ground
Mounted SES is to be installed.

iii.

Setbacks are not required where the property line is shared by two or
more participating landowners.

iv.

Setback requirements may be expanded by a Board of Adjustment or
other authority having jurisdiction, as a condition of approval of a
Conditional Use Permit, where deemed necessary to assure e ective
screening. The Board of Adjustment shall state the ﬁndings justifying
the expanded setbacks.

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SCREENING. Ground Mounted SESs shall be e ectively screened from
properties zoned for residential use other than that on which the SES is to be
constructed.
i.

Ground Mounted SESs approved as a conditional use shall have or
install a visual bu er of natural vegetation, plantings, earth berms,
and/or fencing that provides an e ective visual and lighting screen
between the SES and properties zoned for residential use, unless
waived by the Board of Adjustment or other authority having
jurisdiction. If such a waiver is requested, it shall be the Applicant’s
responsibility to prove to the Board of Adjustment or other authority
having jurisdiction that the SES will be e ectively screened from
residentially zoned properties. Existing bu ers along an SES perimeter
shall be preserved when reasonably practicable.

g. PROTECTION OF FARMLAND AND REVEGETATION OF DISTURBED AREAS
i.

Compaction of soil associated with the location of roads and
installation staging areas for Intermediate and Large-Scale Ground
Mounted SES on land zoned for agricultural use shall be minimized to
the extent possible. Compaction of soil associated with the location of
roads and installation staging areas for all Ground Mounted SES on
land zoned for agricultural use that are classiﬁed either as prime
farmland or farmland of statewide importance shall be avoided to the
extent possible, and the soils shall be de-compacted as part of the
decommissioning process.

ii.

Upon completion of construction and installation of the Ground
Mounted SES, all temporary roads constructed by the applicant shall
be removed, and all disturbed areas shall be graded, de-compacted,
and reseeded with native vegetation in order to establish an e ective
ground cover and to minimize erosion and sedimentation.

iii.

Topsoil shall not be removed. Grasses shall be maintained or
established. Herbicides and ground sterilant and gravel shall not be
used as a method of vegetative control, except around fences.
Grasses, weeds, and wildﬂowers inside and outside the security fence
shall comply with all applicable requirements of the adopted property
maintenance code. The Board of Adjustment may waive this
requirement if the developer can show this requirement will create an

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undue burden and an acceptable ground maintenance plan is
submitted with the conditional use permit application.
h. SIGNAGE. A Ground Mounted SES may include such signage as is required by
law to provide safety information, and other signage as may be allowed under
this Ordinance.
i.

DECOMMISSIONING. Other than as speciﬁcally approved by the Board of
Adjustment or other authority having jurisdiction upon application and
notice, decommissioning shall begin no later than twelve (12) months after a
Ground Mounted SES has ceased to generate electricity or thermal energy:
i.

If the Ground Mounted SES was a permitted use without a conditional
use permit, all structures and facilities associated with the SES shall
be removed within six (6) months of the beginning of
decommissioning. All materials shall be recycled or otherwise reused
to the extent reasonably practicable and the disturbed areas shall be
reclaimed, revegetated, and restored consistent with the zoning
classiﬁcation of the property.

ii.

If the Ground Mounted SES was allowed under a conditional use
permit, the SES shall be decommissioned according to the
decommissioning plan approved in the Conditional Use Permit.

6. CONDITIONAL USE PERMIT APPLICATION REQUIREMENTS
a. Applications for an SES requiring a conditional use permit shall include the
following information:
i.

Name, address, telephone number, and email address of the applicant,
the project owner, and the project operator.

ii.

The address of the property on which the SES will be located and the
property owner’s name, address, telephone number, and email
address if available.

iii.

Documentation, such as a deed, lease, or other agreement with the
landowner, demonstrating the applicant’s right to use and control the
property.

iv.

A topographic map that depicts vegetative cover, watersheds,
ﬂoodplains, and other geographic information about the property and
surrounding area.

A conceptual description of the project, including the maximum
number of modules, mounting type (ﬁxed-tilt or tracking), system

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height, system capacity, total land area covered by the system, and
information about all associated structures or facilities such as
transformers, substations, feeder lines, and batter storage.
vi.

A conceptual site plan, including property lines, zoning classiﬁcation
of the property and all adjacent properties, existing buildings and
proposed structures, the proposed location of the solar equipment,
transmission lines, any associated structures and facilities, and
substations. The conceptual site plan shall also identify existing and
proposed temporary or permanent roads, drives, and parking, fencing
or other methods to ensure public safety, and a visual bu er plan
demonstrating how proposed visual bu ers will e ectively screen the
proposed SES from adjacent properties zoned for residential use.

vii.

A map from the Natural Resources Conservation Service identifying
prime farmland and farmland of statewide importance (if in a district
zoned agricultural), documentation from the U.S. Fish and Wildlife
Service regarding the presence of any identiﬁed critical habitat for
rare or endangered federal or state species. The application shall also
contain a Federal Emergency Management Agency map delineating
ﬂoodplains, shall include evidence of any water quality or stormwater
permit needed for the project, and shall contain a letter from the State
Historic Preservation O ce regarding known archaeological or cultural
resources listed or eligible for listing on the National Register.

viii.

Information demonstrating that approval of the SES will not result in
any disproportionate individual or cumulative environmental burden
on low-income communities or communities of color.

ix.

A decommissioning plan prepared by a registered professional
engineer, and updated every three (3) years, containing the following:
1. The anticipated life of the project and deﬁned conditions upon
which decommissioning will be initiated;
2. The estimated decommissioning cost, including removal of the
SES and related foundations, pads, underground collector lines
and road, and the salvage value of any equipment in current
dollars and the calculations supporting the decommissioning
estimate. The estimated salvage value of the material using
current, publicly available material indices and/or ﬁrm quotes
from a decommissioning or recycling company experienced in

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the decommissioning of SES, shall be provided, and the Board
of Adjustment or other authority having jurisdiction shall
consider the salvage value identiﬁed in 9.b in computing the
amount, if any, of ﬁnancial assurance required under
subsection 9.e;
3. The manner in which the project will be decommissioned,
including provision and a timetable for the removal of all
structures and foundations, and for the revegetation and
restoration of the property to its original condition or a
condition compatible with the zoning or the parcel(s);
4. The party responsible for decommissioning;
5. Security, su cient to cover the net costs identiﬁed in 9.b and
to assure that decommissioning of the site can be achieved by
a third party in the event that a permittee defaults in that
obligation, shall be provided in accordance with Section 600 of
the Subdivision & Development Regulations.
6. A copy of any lease containing speciﬁc agreements regarding
decommissioning with the landowner;
x.

Proof of adequate casualty and liability insurance covering installation
and operation of the SES;

xi.

A description of the measures that will be taken to minimize erosion
and sedimentation, and to promptly stabilize and revegetate disturbed
areas with native vegetation.

xii.

Where the applicant for a Conditional Use Permit is also seeking a
construction certiﬁcation pursuant to KRS 278.700 – 278.716, the
applicant may submit a copy of a complete state siting board
application and site assessment report meeting the requirements of
KRS 278.706 and 278.7008 in lieu of the above requirements of
Section 7(a) subsections 1-7

b. A conditional use permit issued by a Board of Adjustment or other authority
having jurisdiction shall include, at a minimum, all requirements of Section 7
of this Ordinance, and any additional conditions deemed by the Board
necessary or appropriate pursuant to KRS 100.237 to allow the proper
integration of the proposed SES into the zone and location in which it is
proposed.

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7. PUBLIC NOTICE AND PUBLIC COMMENT
a. Public notice of an application for a conditional use permit for a Ground
Mounted SES shall conform to the public notice requirements generally
applicable to conditional use permit applications. The public notice and
hearing requirements of this Chapter shall be in addition to and independent
of any local hearing conducted pursuant to KRS 278.712.

2.5.4 ASSISTED LIVING FACILITIES
Adopted 09/03/1998 City of Georgetown Ord. 98-020 & 09/14/1998 Scott
County Ord. 98-06.
1. GENERAL STANDARDS: No Certiﬁcate of Occupancy shall be issued prior to
certiﬁcation of compliance with the (Voluntary) Certiﬁcation of Assisted Living
Residences standards (905 KAR 5:080, KRS 209.200, KRS Chapter 13B). This
requirement can be met by written notice from the Cabinet for Families and Children
or a statement of intended compliance signed by the owner, engineer/architect, and
management group addressing each of the requirements of the Voluntary
Certiﬁcation Program.
a. No Certiﬁcate of Occupancy shall be issued prior to the issuance of required
permits and certiﬁcates by federal, state, and local agencies and all required
conditions of approval by the Board of Adjustments and the Planning
Commission.
2. LOCATIONAL STANDARDS: Development shall be located on an arterial street,
collector street, or sub-collector street. O -site grocery and other commercial and
medical conveniences should be within the ability of aged persons to reach them
easily by one of three ways: by walking safely to them (within 2,000 feet on level
sidewalks); by transportation provided by project and facility owners with frequent
daily schedule service within a 5-10 minute ride to grocery and other commercial
and medical conveniences; or by readily available public transit (transit stop or bus
shelter at a main entrance to the development) at such time that public transit
becomes available.
a. The location, design, and operating characteristics of the use shall be
compatible with and not adversely a ect adjacent properties and the
surrounding area.
b. The proposed development shall be harmonious with surrounding buildings
with respect to scale, architectural design, and building placement. The

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street network shall be capable of accommodating the tra c generated by
the proposed use.
3. SITE STANDARDS:
a. Minimum lot size: To be based on the zoning district within which the
development is located and based on the building ground coverage of such
district. The maximum allowable density for such developments shall be
calculated by the following formula:
i.

For residential units between 400-800 square feet without standard
kitchen areas, the density within each district may be increased by 1.5
(for R-2 = 18 units per net acre; R-3 = 24 units per net acre).

ii.

For residential units greater than 800 square feet in size, the density
within each district may be increased by 1.25 (R-2 = 15 units per net
acre; R-3 = 20 units per net acre).

iii.

For those units with standard kitchen areas, the density for each
district shall apply.

iv.

In the P-1 and P-1B districts, the density shall be the same as the R-3
standards.

Requests for an increase in the number of units per building may be
approved by the Board of Adjustments as part of the Conditional Use
Approval.

b. These facilities should be designed so as to cluster the residential units and
associated buildings based on the net density and provide su cient open
space and amenities areas.
c. The maximum height of such facilities three stories or 40 feet.
d. Three (3) parking spaces shall be provided for every ﬁve (5) residential units.
Ten percent of the total parking spaces shall be designated as handicap
accessible.
e. Each unit shall contain at least 400 square feet of gross ﬂoor area.
4. AREA REGULATIONS: All buildings shall be set back from the street right-of-way
and from all property lines as required by the zoning district within which the
development is located except: Where adjacent to a residential or agricultural zoning
district, the minimum setback shall be 50 feet. Where adjacent to a state highway,
the minimum setback shall be 50 feet.
5. ADMINISTRATIVE PROCEDURES FOR ASSISTED LIVING FACILITIES:

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a. An application for Conditional Use approval shall be ﬁled with the Board of
Adjustments o ce for their regular scheduled meeting, unless otherwise
noted. An application for Development Plan approval for an assisted living
facility shall be ﬁled with the Planning Commission.
b. Each application shall be accompanied by the required development plans
drawn to scale, as outlined in the Subdivision & Development Regulations.
Article II, Sections 2.3 and 2.9, and prepared by a licensed engineer. Such site
plan shall be reviewed by the Planning Commission and the Technical Review
Committee, and the comments reported to the Planning Commission.
c. The following information shall be included in addition to the requirements
for development plans, but not limited to:
i. The location and legal description, including the appropriate tax map
and parcel identiﬁcation, of the proposed assisted living facility.
ii. Plans and speciﬁcations of all buildings, improvements and facilities
constructed or to be constructed within the development, including
building elevations and ﬂoor plan.
iii. A table attached on the plan or as an addendum, identifying the
number of residential units, by bedroom size and the gross square foot
area of each unit size.
iv. A description of common and specialized services to be provide to the
residents.
v. A landscaping plan, including all required screening and bu ering.
vi. The location, height, focal direction, and lighting levels (intensity), in
foot candles, of all external lighting structures.
d. A preliminary project development, construction and occupancy schedule
shall also be provided. The schedule shall demonstrate the applicant’s
readiness, ability to provide facilities and services.
e. Development Plan approval shall be contingent upon issuance of all required
permits and approvals from federal, state, and local authorities. Drainage and
erosion control plan. Such other All architectural and engineering data,
including but not limited to drainage and erosion control plans shall also be
provided. as shall may be required by the Planning Commission to determine
compliance with the provisions of the Zoning Ordinance and Subdivision &
Development Regulations.
6. Assisted Living Unit Typologies

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f.a. Note: These areas that contain Assisted Living Facilities may also reasonably
contain attached or separate Nursing Home (Rest Home) Facilities, Elderly
Apartment Building(s), duplexes for the elderly or single-family residences for
the elderly. All housing types must be shown at time of submittal of an
application for conditional use permit or development plan of an Assisted
Living Facility.

2.5.5 TELECOMMUNICATION TOWERS
Adopted 09/13/1998 Scott County Ord 98-07 & 12/5/2002 City of Georgetown,
Ord 02-032.
The following regulation is based upon the requirements outlined within HB 270.
1. PURPOSE:
a. The purposes of these regulations are:
i.

To provide for the safest and most e cient integration of cellular
antenna towers for cellular telecommunications services or personal
communications services within the community;

ii.

To provide for such facilities in coordination with the
recommendations of the comprehensive plan; and

iii.

To allow for such facilities with the intention of furthering the public
health, safety, and general welfare.

2. PRE-APPLICATION CONFERENCE: Applicants are encouraged to notify the
Planning Commission to discuss proposals, allow for early coordination and to
identify those items which are in conformance/nonconformance with the adopted
Comprehensive Plan, Zoning Ordinance, and the provisions of these regulations.
DEFINITIONS: For the purposes of these regulations, the following deﬁnitions shall
apply:
a. CELLULAR ANTENNA TOWER means a tower constructed for, or an existing
facility that has been adapted for, the location of transmission or related
equipment to be used in the provision of cellular telecommunications
services or personal communications services.

b. CELLULAR TELECOMMUNICATIONS SERVICE means a retail
telecommunications service that uses radio signals transmitted
through cell sites and mobile switching stations.

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c. CO-LOCATION means locating two (2) or more transmission antennas
or related equipment on the same cellular antenna tower or other
applicable structure.
d. DEVELOPMENT PLAN means a presentation in the form of sketches,
maps and drawings (plans and proﬁles) of a proposed use and/or
structure by the owner or developer of the land which sets forth in
detail the intended development, according to the standards and
procedures in Article IV (Development Approval Procedure) and
Articles V through VIII.
e. GSCPC means Georgetown-Scott County Planning Commission or
Planning Commission
f. PERSONAL COMMUNICATION SERVICE has the meaning as deﬁned in
47 U.S.C. sec. 332(c).
g. UNIFORM APPLICATION means an application to construct a cellular
antenna tower submitted to a planning commission in conformity with
KRS 100.987 and KRS (section number not yet assigned).
h. UTILITY has the meaning as deﬁned in KRS 278.010(3).
i.

3. GENERAL: Cellular antenna towers for cellular telecommunications services or
personal communications services are may be allowed in any zone after review by
the Planning Commission in accordance with the following procedures to ascertain
agreement with the adopted Comprehensive Plan and the regulations contained
within the Zoning Ordinance.
4. APPLICABILITY: Every utility, or a company that is engaged in the business of
providing the required infrastructure to a utility, that proposes to construct an
antenna tower for cellular telecommunications services or personal communications
services shall submit a completed uniform application to the planning commission.
The Planning Commission shall not regulate the placement of antennas or related
equipment on an existing structure (co-location).

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5. APPLICATION REQUIREMENTS: Applications for the construction of cellular
antenna towers for cellular telecommunications services or personal
communications services shall include the following:
a. The full name and address of the applicant.
b. The applicant's articles of incorporation, if applicable.
c. A geotechnical investigation report, signed and sealed by a professional
engineer registered in Kentucky, that includes boring logs and foundation
design recommendations.
d. A written report, prepared by a professional engineer or land surveyor, of
ﬁndings as to the proximity of the proposed site to ﬂood hazard areas.
e. Clear directions from the City of Georgetown (i.e., the county seat) to the
proposed site, including highway numbers and street names, if applicable,
with the telephone number of the person who prepared the directions.
f.

The lease or sale agreement for the property on which the tower is proposed
to be located, except that, if the agreement has been ﬁled in abbreviated
form with the Scott County Clerk, an applicant may ﬁle a copy of the
agreement as recorded by the county clerk and, if applicable, the portion of
the agreement that speciﬁes, in the case of abandonment, a method that the
utility will follow in dismantling and removing the proposed cellular antenna
tower including a timetable for removal.

g. The identity and qualiﬁcations of each person directly responsible for the
design and construction of the proposed tower.
h. A (site) development plan or survey, signed and sealed by a professional
engineer registered in Kentucky, that shows the proposed location of the
tower and all easements and existing structures within ﬁve hundred (500)
feet of the proposed site on the property on which the tower will be located,
and all easements and existing structures within two hundred (200) feet of
the access drive, including the intersection with the public street system.
i.

A vertical proﬁle sketch of the tower, signed and sealed by a professional
engineer registered in Kentucky, indicating the height of the tower and the
placement of all antennas.

The tower and foundation design plans and a description of the standard
according to which the tower was designed, signed, and sealed by a
professional engineer registered in Kentucky.

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k. A map, drawn to a scale no less than one (1) inch equals two hundred (200)
feet, that identiﬁes every structure and every owner of real estate within ﬁve
hundred (500) feet of the proposed tower.
l.

A statement that every person who, according to the records of the property
valuation administrator, owns property within ﬁve hundred (500) feet of the
proposed tower or property contiguous to the site upon which the tower is
proposed to be constructed, has been:
i.

Notiﬁed by certiﬁed mail, return receipt requested, of the proposed
construction which notice shall include a map of the location of the
proposed construction.

ii.

Given the telephone number and address of the local planning
commission; and

iii.

Informed of his or her right to participate in the planning commission's
proceedings on the application.

m. A list of the property owners who received the notice, together with copies of
the certiﬁed letters sent to the listed property owners.
n. A statement that the chief executive o cer of the appropriate and a ected
local government and the legislative body (City of Georgetown, Scott County
Fiscal Court, Town of Stamping Ground, Town of Sadieville) have been
notiﬁed, in writing, of the proposed construction.
o. A copy of the notice sent to the chief executive o cer of the appropriate and
a ected local government and the legislative body (see #14).
p. A statement that:
i.

a written notice, of durable material at least two (2) feet by four (4)
feet in size, stating that "[Name of applicant] proposes to construct a
telecommunications tower on this site" and including the addresses
and telephone numbers of the applicant and the planning
commission, has been posted in a visible location on the proposed
site; and

ii.

a written notice, at least two (2) feet by four (4) feet in size, stating
that "[Name of applicant] proposes to construct a telecommunications
tower near this site" and including the addresses and telephone
numbers of the applicant and the planning commission, has been
posted on the public road nearest the site.

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q. A statement that notice of the location of the proposed construction has
been published in a newspaper of general circulation in the county in which
the construction is proposed.
r.

A brief description of the character of the general area in which the tower is
proposed to be constructed, which includes the existing land use and zoning
for the speciﬁc property involved.

s. A statement that the applicant has considered the likely e ects of the
installation on nearby land uses and values and has concluded that there is
no more suitable location reasonably available from which adequate service
to the area can be provided, and that there is no reasonably available
opportunity to locate its antennas and related facilities on an existing
structure (i.e., co-locate), including documentation of attempts to locate its
antennas and related facilities on an existing structure, if any, with
supporting radio frequency analysis, where applicable, and a statement
indicating that the applicant attempted to locate its antennas and related
facilities on a tower designed to host multiple wireless service providers'
facilities or on an existing structure, such as a telecommunications tower or
other suitable structure capable of supporting the applicant's antennas and
related facilities.
t. A map of the area in which the tower is proposed to be located, that is drawn
to scale, and that clearly depicts the necessary search area within which an
antenna tower should, pursuant to radio frequency requirements, be located.
u. A grid map that shows the location of all existing cellular antenna towers and
that indicates the general position of proposed construction sites for new
cellular antenna towers within an area that includes:
i.

all of the planning unit's jurisdiction; and

ii.

a one-half (1/2) mile area outside of the boundaries of the planning
unit's jurisdiction, if that area contains either existing or proposed
construction sites for cellular antenna towers.

6. CONFIDENTIALITY OF APPLICATION: All information contained in the application
and any updates, except for any map or other information that speciﬁcally identiﬁes
the proposed location of the cellular antenna tower then being reviewed, shall be
deemed conﬁdential and proprietary within the meaning of KRS 61.878. The planning
commission shall deny any public request for the inspection of this information,
whether submitted under Kentucky's Open Records Act or otherwise, except when
ordered to release the information by a court of competent jurisdiction. Any person

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violating this subsection shall be guilty of o cial misconduct in the second degree
as provided under KRS 522.030. The conﬁdentiality of the applications and any
updates of the application can be waived by the written authorization of the
applicant.
7. APPLICATION FEE: An applicant for the construction of cellular antenna towers for
cellular telecommunications services or personal communications services shall pay
an application fee in the amount of $2500 upon submission of a uniform
application.10 This fee includes review of the Planning Commission based upon the
required development plan, review of the Planning Commission for grading and
construction plans as deﬁned by the Subdivision & Development Regulations, review
and permitting by the Building Department, and review and permitting by the
Electrical Inspector’s O ce. Applications for co-location of antenna(e) on an existing
structure shall pay an application fee in the amount of $250. This fee includes
review of the Planning Commission for grading and construction plans (if needed) as
deﬁned by the Subdivision & Development Regulations, review and permitting by the
Building Department, and review and permitting by the Electrical Inspector’s O ce.
8. PROCESSING OF APPLICATION: Applications for the construction of cellular
antenna towers for cellular telecommunications services or personal
communications services shall be processed as follows:
a. At least one (1) public hearing on the proposal shall be held, at which hearing
interested parties and citizens shall have the opportunity to be heard. Notice
of the time and place of such hearing shall be published at least once, in a
newspaper of general circulation in Scott County, provided that one (1)
publication occurs not less than seven (7) calendar days nor more than
twenty-one (21) calendar days before the occurrence of such hearing.
b. Notice of the proposal shall be posted on the site at least fourteen (14) days
in advance of the hearing. Such notice shall consist of a written notice, of
durable material at least two (2) feet by four (4) feet in size, stating that
"[Name of applicant] proposes to construct a telecommunications tower on
this site" and including the addresses and telephone numbers of the
applicant and the planning commission. Notice of the proposal shall also be
posted on the public road nearest the site. Such notice shall consist of a
written notice, of durable material at least two (2) feet by four (4) feet in size,
10. Note that $2,500 is the maximum aggregate amount for an application fee and any applicable
building permit fees per HB 270, Section 4.

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stating that "[Name of applicant] proposes to construct a
telecommunications tower near this site " and including the addresses and
telephone numbers of the applicant and the Planning Commission.
c. Notice of the hearing shall be given at least fourteen (14) days in advance of
the hearing, by certiﬁed mail, return receipt requested, to the owner of every
parcel of property within ﬁve hundred (500) feet of the proposed tower or
property contiguous to the site upon which the tower is proposed to be
constructed. Said notice shall include a map of the location of the proposed
construction, the telephone number and address of the planning commission
and shall inform the addressee of his or her right to participate in the
planning commission's proceedings on the application. Records maintained
by the property valuation administrator may be relied upon conclusively to
determine the identity and address of said owner. In the event such property
is in condominium or cooperative forms of ownership, then the person
notiﬁed by mail shall be the president or chairperson of the owner group
which administers property commonly owned by the condominium or
cooperative owners. A joint notice may be mailed to two or more co-owners
of an adjoining property who are listed in the property valuation
administrator's records as having the same address.
d. Upon holding such hearing, the planning commission shall, within sixty (60)
days commencing from the date that the application is received by the
Planning Commission, or within a date speciﬁed in a written agreement
between the Planning Commission and the applicant, make its ﬁnal decision
to approve or disapprove the uniform application.
e. If the Planning Commission fails to issue a ﬁnal decision within sixty (60)
days, and if there is no written agreement between the Planning Commission
and the utility to a speciﬁc date for the Planning Commission to issue a
decision, it shall be presumed that the Planning Commission has approved
the utility's uniform application.
9. DESIGN STANDARDS: The applicant shall provide information demonstrating
compliance with the following requirements. Where the Planning Commission ﬁnds
that circumstances or conditions relating to the particular application are such that
one or more of the requirements listed below are not necessary or desirable for the
protection of surrounding property or the public health, safety, and general welfare,
and that such special conditions or circumstances make one or more said
requirements unreasonable, the Planning Commission, or its duly authorized

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representative, may modify or waive such requirement, either permanently or on a
temporary basis. Any such modiﬁcation or waiver shall be requested by the
applicant, and the applicant shall submit a written justiﬁcation for each requested
modiﬁcation or waiver.
a. Monopole cellular antenna towers shall be permitted in any zone. Lattice and
guyed cellular antenna towers shall be permitted in any zone except for
residential zones. Monopole cellular antenna towers in residential zones shall
be limited to 100 feet in height, unless otherwise approved by the Planning
Commission as approved as a variance request and as part of the required
development plan.
b. Lattice and guyed cellular antenna towers constructed in an agricultural
zone shall be located a minimum distance of not less than 250 feet from all
existing residential structures.
c. Setbacks for all structures constructed in connection with cellular antenna
towers, except fences and/or guy wires, shall be a minimum distance from
the property line or lease line equal to the setback of the respective district
plus one-half (1/2) the height of the tower. All structures constructed in
connection with stealth towers shall comply with the applicable setback
requirements established for other structures within the applicable zoning
district. Stealth towers that are to be located as part of a utility service
facility (e.g. power pole or telephone pole) shall comply with setback
requirements applicable to such utility service facilities, if any. No tower may
be located closer than ﬁfty (50) feet to any property line.
d. A cellular antenna tower, or alternative antenna tower structure, may be
constructed to a maximum height of two hundred (200) feet regardless of
the maximum height requirements listed in the speciﬁc zoning district. This
also applies to any tower taller than ﬁfteen (15) feet constructed on the top of
another building or structure, with the height being the overall height of
building/structure and tower together, measured from the grade at ground
level to the highest point of the tower. The Planning Commission may allow
antennas greater than two hundred (200) feet in height upon review of the
applicant's justiﬁcation that the additional height meets the criteria identiﬁed
in Subsection K.
e. The cellular antenna tower shall be constructed in compliance with the
current ANSI/EIA/TIA 222-F standards and other applicable state standards.

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Cellular antenna towers shall not be illuminated, except in accordance with
other state or federal regulations.

g. The site shall be unsta ed or unmanned. Personnel may periodically visit the
site for maintenance, equipment modiﬁcation, or repairs. To accommodate
such visits, ingress/egress shall only be from approved access points as
shown on the approved development plan subject to the entrance
requirements outlined in the Subdivision & Development Regulations or of
KYTC-District 7 (where applicable).
h. Woven wire or chain link (eighty (80) percent open) or solid fences made from
wood or other materials (less than ﬁfty (50) percent open) shall be used to
enclose the site. Such fences shall not be more than eight (8) feet in height.
The use of barbed wire or sharp pointed fences shall be prohibited. Such
fence may be located within the front, side, or rear yard.
i.

Screening shall be provided by evergreen trees, with a minimum height of six
(6) feet, planted in a staggered pattern at a maximum distance of ten (10) feet
on center. The Director of Development Services may increase the distance
between plantings based on the type (species) of evergreen tree and its
growth characteristics. The screening shall be placed in an area between the
property line, or lease line, and a ten (10) foot setback. A break in the hedge,
not to exceed ﬁfteen (15) feet in width, shall be allowed for access of
maintenance personnel and vehicles.

Surfacing of all driveways and o -street parking areas shall comply with the
requirements of the applicable Subdivision & Development Regulations and
be at least constructed of gravel or other durable surface. The Planning
Commission may require alternative surface materials based on grade,
construction and potential for erosion.

k. There shall be no signs permitted, except those displaying emergency
information, owner contact information, warning or safety instructions, or
signs which are required by a federal, state, or local agency. Such signs shall
not exceed ﬁve (5) square feet in area.
l.

All new cellular antenna towers shall be designed and constructed to
accommodate a minimum of three (3) service providers.

m. All option and site lease agreements shall not prohibit the possibility of colocation.
10. CRITERIA

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a. Approval or disapproval of the proposal shall be based upon an evaluation of
the proposal’s agreement with the Comprehensive Plan, Zoning Ordinance
and applicable Subdivision & Development Regulations.
b. The Planning Commission may require the applicant to make a reasonable
attempt to co-locate additional transmitting or related equipment. The
Planning Commission may provide the location of existing cellular antenna
towers on which the Commission deems the applicant can successfully colocate its transmitting and related equipment. If the Planning Commission
requires the applicant to attempt co-location, the applicant shall provide the
Planning Commission with a statement indicating that the applicant has:
i.

ii.

c. The Planning Commission may deny a uniform application to construct a
cellular antenna tower based on an applicant's unwillingness to attempt to
co-locate additional transmitting or related equipment on any new or existing
towers or other structures.
d. The Planning Commission shall not regulate the placement of a cellular
antenna tower on the basis of the environmental e ects of radio frequency
emissions to the extent that the proposed facility complies with the
regulations of the Federal Communications Commission concerning radio
frequency emissions.
11. AMENDMENTS: Any amendments to plans, except for minor adjustments as
determined by the Planning Commission, or its duly authorized representative, and it

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accordance with the procedures outlined in the Subdivision & Development
Regulations, shall be made in accordance with the procedure required by
Subsection F, subject to the same limitations and requirements as those under
which such plans were originally approved.

2.5.6 SMALL WIRELESS FACILITIES & SMALL CELL TOWERS
Adopted 02/22/2021 City of Georgetown Ord 2021-01. In e ect in city only.
1. PURPOSE: These regulations balance the need for new Small Wireless Facilities and
Small Cell Towers with the impacts new Small Cell Towers have on adjacent land
uses; provide for the safest and most e cient integration of cellular antenna
facilities for Cellular Telecommunications Services or Personal Communications
Services within the community; provide for these facilities in coordination with the
recommendations of the City of Georgetown Comprehensive Plan; and, to further
the public health, safety, and general welfare of the City of Georgetown.
2. TITLE: These regulations shall be known as the Regulations for Small Wireless
Facilities and Small Cell Towers in the City of Georgetown and may be referred to as
“these regulations.”
3. AUTHORIZATION: These regulations are adopted pursuant to authority granted to
planning commissions in the Commonwealth of Kentucky, by Kentucky Revised
Statutes (KRS) 100.985 – 100.987.
4. CITATIONS OF KENTUCKY REVISED STATUTES: Whenever a provision of these
regulations cites a provision of the Kentucky Revised Statutes (KRS) and that
provision is later amended or superseded, these regulations shall be deemed
amended to refer to the amended provision, or to the provision that most closely
corresponds to the superseded provision.
5. APPLICABILITY: These regulations apply to every Utility or company that is
engaged in the business of providing the required infrastructure to a Utility that
proposes to construct a Small Wireless Facility or Small Cell Tower for Cellular
Telecommunications Services or Personal Communications Services. These
regulations also apply to towers that do not meet the requirements of minor
adjustments, in accordance with Section 2.559 these regulations.
6. RELATIONSHIP TO APPLICABLE CODES: These regulations are not intended to
supersede in any way the requirements of the local zoning ordinance or the
requirements of the Kentucky Building Code.
7. STATEMENT OF SEVERABILITY: It is the intention that the articles, sections,
subsections, sentences, clauses, and phrases of these regulations are severable.

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If any article, section, subsection, sentence, clause, or phrase is declared
unconstitutional, or otherwise invalid by a court of competent jurisdiction in a
valid judgement or decree, that unconstitutionality or invalidity shall not
a ect the remaining articles, sections, subsections, sentences, clauses, and
phrases. These regulations would have been adopted without the
incorporation into these regulations of the unconstitutional article, section,
subsection, sentence, clause, or phrase.

8. STATUS AS MINIMUM STANDARDS: In their interpretation and application, these
regulations shall be viewed as minimum standards or requirements, adopted for
promotion of the public health, safety, and general welfare. Whenever these
regulations conﬂict with a requirement of any other lawfully adopted rule,
regulation, ordinance, order, or resolution, the most restrictive or that imposing the
higher standards shall govern.
9. COMPLIANCE REQUIRED: Except as hereinafter speciﬁed, no Small Wireless Facility,
Small Cell Tower or Non-Tower Wireless Communication Facility shall hereafter be
placed or constructed except in conformity with these regulations.
10. BURDEN OF PROOF: The burden demonstrating that an Application subject to these
regulations complies with applicable review and approval standards is placed upon
the Applicant. The burden is not placed upon the Sta , the Planning Commission, or
other parties to show that the standards have been met by the Applicant or person
responsible for the development.
11. DEFINITIONS

ANTENNAS OR RELATED EQUIPMENT: Any transmitting, receiving
or other equipment used in conjunction with a Wireless
Communications Facility. The term includes Utility or Transmission
Equipment, antennas, radios, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters,
or similar equipment. This deﬁnition does not include Cellular
Antenna Towers.
APPLICANT: A person or entity who is authorized by the provisions
of these regulations to ﬁle an Application for approval under these
regulations.
APPLICATION: An Application is the completed form or forms and
all accompanying documents, exhibits, and fees required of an

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Applicant by Sta or the Planning Commission as part of a
submission for review.
BASE STATION: A structure or equipment at a ﬁxed location that
enables Federal Communications Commission-licensed or
authorized wireless communication between user equipment and a
communication network. The term does not include Cellular
Antenna Tower as deﬁned in this section or any equipment
associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed
wireless services and ﬁxed wireless services such as microwave
backhaul.
D. The term includes, but is not limited to, radio transceivers,
antennas, coaxial or ﬁber-optic cable, regular and backup power
supplies, and comparable equipment regardless of technological
conﬁguration (including Small Wireless Facilities).

E. The term includes any structure other than a Cellular Antenna
Tower that, at the time the required Application is ﬁled with the
Planning Commission under this subsection, supports or houses
equipment described in sub-paragraph (A) of this deﬁnition that
has been reviewed and approved under the applicable zoning or
siting process even if the structure was not built for the sole or
primary purpose of providing such support.

F. The term does not include any structure that, at the time the
required Application is ﬁled with the Planning Commission under
this deﬁnition, does not support or house equipment described in
this deﬁnition.

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CO-LOCATION: Locating two (2) or more transmission Antennas or
Related Equipment on the same Cellular Antenna Tower.
NON-TOWER WIRELESS COMMUNICATIONS FACILITIES: Wireless
Communications Facilities other than tower-based wireless
communications that are located on buildings, Utility Poles as
deﬁned by the section, and other existing structures.
PERSONAL COMMUNICATION SERVICES: Commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange access services as deﬁned in 47 U.S. C. sec. 332(c).
PLANNING COMMISSION: The term “Planning Commission” shall
mean the Georgetown – Scott County Planning Commission.
RIGHT-OF-WAY: The surface of and space above and below any
real property in the municipality in which the federal government,
Commonwealth, municipality, or municipal authority has a
regulatory interest, or interest as a trustee for the public, as such
interests now or hereafter exist, including, but not limited to, all
streets, highways, avenues, roads, alleys, sidewalks, tunnels,
bridges, or any other public place, area, or property under the
control of the federal government, Commonwealth, municipality, or
municipal authority. Private Rights-Of-Way and other governmentowned lands not listed above shall not be considered a Right-ofWay. The phrase “in the Right(s)-Of-Way” means in, on, over, along,
above and/or under the Right(s)-Of-Way.
SMALL CELL TOWER: Any structure

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