1. No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed; moved, or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located.
2. No building or other structure shall hereafter be erected or altered.
   1. To exceed the height;
   2. To accommodate or house a greater number of facilities;
   3. To occupy a smaller lot area;
   4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces.

   than herein required or in any manner contrary to the provisions of these regulations.

3. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations with these regulations shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
4. No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of these regulations shall meet at least the minimum requirements established herein.
5. The only exception to the foregoing requirements shall be that any lot which meets all of said requirements on or after May 1, 1971 and which is thereafter reduced in size solely by reason of taking pursuant to the Eminent Domain Act of Kentucky (KRS Chapter 416) or any successor legislation or any comparable federal legislation or by reason of a conveyance to an entity having the power to take under any such legislation and in lieu of such taking, shall not be restricted as to use on the sole basis that it no longer complies with the minimum size standards of the zone in which it lies.
6. No Lot Line or part of a lot established under this ordinance or the Subdivision Regulations of the Jessamine County-City of Wilmore Joint Planning Commission shall cross, encroach upon or lay within any proposed dedicated Right-of-Way for a new public or private street. Area of lots including portions of dedicated for Right-of-Ways required by the Subdivision Regulations shall meet all minimum development standard requirements specified for the zone.
7. No lot can be bisected by a dedicated road right-of-way and still be considered one contiguous lot for purposes of meeting the development standards for a particular zone.

SECTION 3.1 E ADOPTED JANUARY 4, 2000

SECTION 3.1 F & G ADOPTED JULY 3, 2001

Effective on: 1/1/1901

The purpose of the general agricultural zone is to provide for the protection of general agricultural activities from incompatible land uses and to protect the rural character of the county, while at the same time providing for the needs of those individuals wanting to reside in this zone. This zone is intended for application to rural areas of the county designed for agricultural use by the Comprehensive Plan.

Effective on: 1/1/1901

Any illuminated sign or lighting device shall employ only light emitting a constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams or illumination to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance nor shall any sign be erected or maintained which would involve lighting or motion resembling traffic or directional signals or warnings or display words such as "stop" or "danger".

External illumination of sign(s) shall be by a steady stationary light source, shielded and directed solely at the sign;

Spot-lighting of signs shall be restricted to not more than one (1) shielded light per fixture per side for sign faces up to forty (40) square feet and not more than two (2) shielded light fixtures per side for sign faces over forty (40) square feet;

The intensity of the light shall not exceed 20 foot candles at any point on the sign face;

Signs shall not have light-reflecting backgrounds but may use light-reflecting letters;

All wiring, fittings, and materials used in construction, connection, and operation of the electrically illuminated signs shall be in accordance with the provisions of the National Electric Code or the local electric code in effect.

4. Temporary Signs

   All temporary signs must be set back a minimum of ten (10) feet from the edge of the pavement and may not be located in any public right-of-way. Political and yard sale signs shall not exceed four feet by four feet (4' x 4') in size and must not obstruct visibility at intersections. Under no circumstances shall political or yard sale signs be posted on utility poles. All violations of these requirements will be penalized as per Section 4.4 of this Zoning Ordinance.

   Provisions regarding the regulation of other temporary signs apply as required in other sections of this Article.

5. Government Signs

   Any official informational or directional sign or historic marker erected by a governmental agency is permitted in all zones and does not require a location or building permit

6. Sign Area

   The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not being advertising matter shall not be included in computation of surface area.

7. Lack of Conflict

   In no way shall the provisions of this Article be taken to be in conflict with any state or federal regulations regarding obstructions or the placement of structures in state or federal rights-of-way. In all cases, the most restrictive provision will apply.

1. Signs pertaining to the lease or sale of a building or land may be erected temporarily as provided in Section 3.32(2) of this Ordinance.
2. Temporary signs, for one year, may be erected to advertise a new subdivision of five (5) or more lots, provided that the sign is no larger than sixty (60) square feet in area, is not internally illuminated, advertises only the subdivision in which it is located and is erected only at a dedicated street entrance. Permanent signs for the same purpose and with the same other restrictions are additionally limited to a size no greater than thirty (30) square feet in area.
3. One non-illuminated sign may be erected in conjunction with the construction of a building to identify the owner, architect, engineer, contractor and others instrumental in the construction of the building provided that such sign is not more than twelve (12) square feet in area, no more than fifteen (15) feet above the ground, and is removed within thirty (30) days of receiving the Certificate of Occupancy.
4. One identifying sign of not more than fifteen (15) square feet in area may be erected for churches and/or other places of worship, libraries, schools, parks, hospitals for human care, social clubs, societies, and other public facilities of a similar nature. Such sign shall be solely for the purpose of displaying the name of the institution. It may be illuminated but shall not be flashing. Such sign shall be erected not less than ten (10) feet from the established right-of-way line of any street or highway provided such sign does not obstruct traffic visibility at sheet or highway intersections.
5. Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches to institutions listed in (4) above. No such signs shall be permitted on minor residential streets.
6. One (1) indirectly lighted name plate sign for a dwelling group of four (4) or more dwellings not exceeding two feet by three feet (2 x 3) in area. Such signs may indicate only the navies of the buildings or of the occupant of the buildings.
7. Signs for home occupations as specified in. the definitions of this Ordinance shall permit one (1) non-illuminated name plate/sign not over two (2) square feet in area mounted flat against the outside wall of the main building.
8. Freestanding signs shall not exceed a height of twenty-five (25) feet.

SECTION 3.321 ADOPTED DECEMBER 1, 2009

Effective on: 1/1/1901

1. Each business shall be entitled to have one sign which is mounted flush against a building. The depth of such a sign from a face to the building shall not exceed two (2) feet. The area of such a flush mount sign shall be limited to a total surface area equivalent to one (1) square feet of sign area for each linear foot of building width occupied by such enterprise. In the event that the area shall exceed 50 square feet, then an additional application must be made and approved by the Board of Adjustment. Awnings shall be constructed as part of the building to which they are attached and a sign may be mounted flush thereto.
2. Additionally, one (1) free standing sign per establishment/lot of one hundred (100) foot frontage or less and one (1) additional structure for each additional one hundred (100) feet of lot frontage. Any such freestanding sign structures in a B-1 or B-2 District shall be no more than 72 square feet in area nor shall two or more smaller signs be so arranged and integrated as to create a single sign in excess of 72 square feet. In a B-3 District, such freestanding signs shall not exceed three (3) square feet for each linear foot of lot frontage with a maximum of three hundred (300) square feet for any single sign. All such freestanding signs shall be set back twenty-five (25) feet, or more, from the front property line.

   The dimensional of any two-faced or multi-sided sign must be determined by measuring the surface area on one side of the sign. Free standing signs shall not exceed a height of thirty (30) feet in B-1 and B-2 Districts.

   All freestanding sign(s) adjacent to a Residential District shall be located one hundred (100) feet from the adjacent property line of the Residential District. Shielding of light source shall be designed so as not to allow any such light source(s) for sign(s) to produce glare or emit light in excess of five (5) foot candles into a Residential District.

   If a business is adjacent to more than one street or highway, additional freestanding signs may be allowed upon application to and receiving approval of the same from the Board of Adjustment.

3. Real estate signs advertising the sale, rental or leasing of the premises, shall be permitted in any business zone provided that such signs shall not exceed four feet by three feet (4' x 3') in area and shall be displayed at least ten (10) feet from all lot lines.
4. Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches to the business; the top of which shall not exceed three (3) feet in height if freestanding. No such signs shall be permitted on minor residential streets.

SECTION 3.34(3)(4) AMENDED AUGUST 3, 2010

Effective on: 1/1/1901

1. Identification signs, limited to one freestanding sign per building and one wall mounted sign per street frontage with a maximum of two such wall mounted signs per building; free standing sign not to exceed forty (40) square feet in area.; wall mounted signs not to exceed five (5%) percent of the wall area to which it is attached; minimum setback of twenty-five (25) feet from the front property line for a freestanding sign.
2. One nameplate per tenant or lessee, not exceeding two (2) square feet in area; non-illuminated or indirectly illuminated only.
3. Informational signs, not exceeding twenty (20) square feet. Such signs shall be included in the computation for maximum Square footage specified in 3.34A(1) above, and shall be freestanding only when included as a part of a permitted freestanding identification sign.
4. One attraction board, wall mounted or attached to the permitted freestanding identification sign, the area of the attraction board to be included in the maximum permitted sign area.
5. Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches; the top of which shall not exceed three (3) feet in height if freestanding. No such signs shall be permitted on minor residential streets.

SECTION 3.34(5) AMENDED MARCH 31, 2009

SECTION 3.34 A. ADOPTED MARCH 31, 2009

Effective on: 1/1/1901

SECTION 3.34(5) AMENDED MARCH 31, 2009

SECTION 3.34 A ADOPTED MARCH 31, 2009

Effective on: 1/1/1901

1. Changed to another non-conforming sign; except where only the faces or the messages are changed, or where the sign is reduced in height, size or area;
2. Structurally altered (except to meet safety requirements) so as to prolong the life of the sign;
3. Altered so as to increase the degree of non-conformity of the sign;
4. Expanded or enlarged;
5. Re-established after its discontinuance for ninety (90) days;
6. Moved to a new space location on the building or lot

Effective on: 1/1/1901

1. Off-premise signs.
2. Any sign, other than a traffic directional/safety sign in any street right-of-way except signs in landscaped medians of private streets where the sign meets the minimum sight triangle distances.
3. Any sign painted on or attached to trees, other natural features, or utility poles.
4. Abandoned or dilapidated signs.
5. Any sign which is portable or not securely attached to a building or the ground.
6. Inflatable signs, shelters or balloons of any type.
7. Roof signs or signs where any portion of the sign extends above the roof of the building where the sign is located.
8. Klieg lights, search lights or rotating lights of any kind.
9. Any sign with moving or mechanical parts, including, but not limited to, any electronic sign that depicts images, moving or not moving, that resemble a projected image.
10. Any sign(s) and/or light source(s) for a sign that may produce glare and/or temporary blindness to drivers of motor vehicles.

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.3 AMENDED AUGUST 15, 2000

SECTION 3.39 AMENDED MARCH 31, 2009

Effective on: 1/1/1901

SECTION 3.4 (A)(1) AMENDED JULY 3, 2012

8. Off-street parking and loading regulations for all zones are as follows:
   1. Any vehicle parking space in a commercial or industrial zone shall be used for parking only. Any other use of such space, including repair work or servicing of any kind, other than in an emergency, or the requirement of any payment for the use of such space shall be deemed to constitute a separate commercial use in violation of the provisions of these regulations.
   2. No building or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of these regulations.
   3. No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.
   4. The design of all off-street parking lots and means of access thereto shall be subject to the approval of the Board of Adjustment.
   5. The vehicle parking space on any lot as set forth and designated in these regulations shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner.
   6. All parking spaces, drives, and isles in commercial and industrial zones shall be covered with a bituminous or other dust-free surface.
9. In all commercial and industrial zones, a minimum area of three hundred (300) square feet per car shall be required in computing the total area to be devoted to parking.

SECTION 3.4(A)(d) AMENDED DECEMBER 4, 2014

Effective on: 1/1/1901

Section 3.4 (A)(7)(U) and 3.4 (B) Amended August 21, 2001

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

In making recommendations on the development plan, the Planning Commission may recommend certain conditional requirements pertaining to such things as landscaping, screening, and road requirements.

After recommendations from the Planning Commission, the prospective developer shall meet with the Board of Zoning Adjustment and request the necessary permission before a building permit can be issued. Any conditional retirements established by the Board of Zoning Adjustment shall be considered as a part of the official zoning regulations and failure to comply therewith shall be subject to the penalties contained herein.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.74 AMENDED JULY 7, 2009

SECTION 3.75 ADOPTED MAY 6, 2014

SECTION 3.75 ADOPTED FEBRUARY 7, 2019

Effective on: 1/1/1901

Effective on: 1/1/1901

However, if the property is subject to an existing Conditional Use Permit, the property owner shall obtain approval of the appropriate amendment or modification request. Such request shall be filed simultaneously with the uniform application. Review of the Conditional Use Permit plan shall be limited to a determination of the impact of the antenna tower for cellular telecommunications services or personal communications services construction on the requirements of the Conditional Use Permit. The property owner shall be responsible for making alternative provision for any alteration of the development plan or Conditional Use Permit or shall obtain a variance or waiver of the specific Permit requirement affected by the location of the tower on the site.

1. Prohibited Actions of the Planning Commission in regulating the placement of cellular antenna towers. In regulating the placement of cellular antenna towers, the Planning Commission shall not:
   1. Regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that these facilities comply with the regulation of the Federal Communications Commission concerning radio frequency emissions;
   2. Institute a moratorium upon the siting of cellular antenna towers;
   3. Regulate the placement of antennae or related equipment on an existing structure; Require the submission of application materials in addition to those required by KRS 100.9865 and 100.987, unless agreed by both parties.
2. Application Fee

An applicant for the construction of cellular antenna towers for cellular telecommunication services or personal communication services shall pay an application fee in the amount of two thousand five hundred dollars ($2,500) upon submission of a uniform application. Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of two hundred fifty dollars ($250).

3. Contents of Uniform Application
   1. A statement that every person who, according to the records of the Property Valuation Administrator, owns property within one thousand (1,000) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:
      1. Notified by certified mail, return receipt requested, of the proposed construction, which notice shall include a map of the location of the proposed construction and will include the telephone number and address of the local Planning Commission. The notice will also inform the property owner of his or her right to participate in the Planning Commission's proceedings on the application,
      2. The applicant shall furnish to the Planning Commission a list of property owners who received the notice, together with a copy of the notices required by C3(1)(a) above and the names and addresses of the Owners of property to whom the required Notices will be sent. Records maintained by the Property Valuation Administrator may be relied upon to determine the identity and address of said owners. If the property is in a cooperative form of ownership or has co-owners, notice may be in the manner described in KRS 100.214 (2) for such ownership.
      3. A statement that the chief executive officer of the affected local governments and their legislative bodies have been notified, in writing, of the proposed construction. A copy of the notice sent to the chief executive officer of the affected local government and their legislative bodies. The applicant shall obtain the name and address of the applicable governmental officials from the Planning Commission through its authorized representative.
   2. Notice of the filing of the request shall be posted conspicuously in a visible location on the proposed site of the telecommunications facility and in a visible location on the nearest public road at the same time that notice by first class mail is sent. The applicant shall certify that the postings have been made. The notices shall remain until the Planning Commission issues its final decision or 60 days has passed since acceptance of the request by the Planning Commission, whichever occurs first. The posting shall be as follows:
      1. Each sign shall be at least two (2) feet by four (4) feet in size;
      2. A written notice, stating that "[Name of Applicant] proposes to construct a telecommunication tower on this site" and including the addresses and telephone numbers of the Applicant and Planning Commission, has been posted and shall remain in a visible location on the proposed site until final disposition of the application; and
      3. A written notice, 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;
      4. In both posted notices, the words "proposes to construct telecommunications tower and/or facility" shall be printed in letters at least (4) inches in height, and the words "Jessamine County-City of Wilmore Joint Planning Commission at (859) 885-6415" shall be painted in letters at least one (1) inch in height. Both signs shall be constructed of durable, weatherproof material,
      5. Any such signs may also include any notes required to be made by regulations of the Kentucky Public Service Commission including 807 KAR 5:063 (as now in effect, or as amended).
   3. 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;
   4. 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 for the specific property involved.
4. Documentation:

   Any request filed under this Section C for review of a proposal to construct an antenna tower shall include the following:

   1. 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 within the jurisdiction of the Planning Commission shall:
      1. Submit a copy of the Applicant's completed uniform application to the Jessamine County-City of Wilmore Joint Planning Commission to construct an antenna tower for cellular or personal telecommunications services. The uniform application shall include 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:
         1. All of the planning unit's jurisdiction.
         2. 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.
      2. Include in any contract with an owner of property upon which a cellular antenna tower is to be constructed a provision that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing a cellular antenna tower, including a timetable for removal; and
      3. Comply with any local ordinances concerning land use, subject to the limitations imposed by 47 U.S.C. sec. 332 ( c ), KRS 278,030, 278.040, and 278,280.
   2. 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 the 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 official misconduct in the second degree as provided under KRS 522.030.
   3. The full name and address of the Applicant must be included in the application. The Applicant must also provide the identity and qualification of each person directly responsible for the design and construction of the proposed tower. In addition, the Applicant is required to Provide articles of incorporation, if applicable. Directions from 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 shall be submitted with the application.
   4. A geotechnical investigation report, signed and sealed by a professional engineer registered in Kentucky, that includes boring logs and foundation design recommendations.
   5. 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.
   6. The lease or sale agreement for the property which the tower is proposed to be located, except that, if the agreement has been filed in abbreviated form with the 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 demonstrating compliance with KRS 100.987(2).
   7. 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 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 public street system.
   8. 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 antennae.
   9. 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.
   10. 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 one thousand (1,000) feet of the proposed tower.
   11. The planning commission requires the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The applicant shall provide the local planning unit with a statement indicating that the applicant has;
       1. 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
       2. Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structures such as a telecommunications tower on 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
          2. Lists the reasons why the co-location was unsuccessful in each instance.

Reasons for not co-locating on a site would include, but not be limited to, the following:

1. 1. 1. It existing towers or facilities are located within the study area;
      2. Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements;
      3. Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
      4. Applicants Planned equipment would cause radio frequency interference with other existing or planned equipment of the tower or facility, or the existing or planned equipment of the tower or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented;
      5. Unwillingness of the owner of the existing tower or facility to entertain a reasonable proposal;
      6. Existing towers or facilities do not provide an acceptable location for requisite coverage for the applicant's communications network.

Potential sites that should be considered (in order from most preferred to least preferred) include: highway rights-of-way except designated parkways, existing utility towers, industrial districts, commercial districts and commercial centers, office towers, and residential towers. Reasons for not locating on a potential site would include, but not be limited to, the following:

1. 1. 1. Unwillingness of the site owner to entertain a telecommunications facility;
      2. Economically impractical;
      3. Topographic limitations of the site;
      4. Adjacent impediments that would obstruct adequate cellular telecommunications and/or personal communications transmission;
      5. Physical site - constraints that would preclude the cons faction of a telecommunications facility;
      6. Technical limitations of the telecommunications system;
      7. Existing potential sites do not provide an acceptable location for requisite coverage for the applicant's communications network;

1. 12. The Planning Commission may deny uniform application to construct a cellular 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.
   13. In the event of co-location, a utility shall be considered the primary user of the tower, if the utility is the owner of the antenna tower and if no other agreement exists that prescribes an alternate arrangement between the parties for use of the tower. Any other entity that co-locates transmission or related facilities on a cellular antenna tower shall do so in a manner that does not impose additional costs or operating restrictions on the primary user.
   14. Upon the approval of an application for the construction of a cellular antenna tower from the Planning Commission, the applicant shall notify the Public Service Commission within ten (10) working days of the approval. The notice to the Public Service Commission shall include a map showing the location of the construction site. If an applicant fails to file notice of an approved uniform application with the Public Services Commission, the applicant shall be prohibited from beginning construction on the cellular antenna tower unit such notice has been made.
   15. All new telecommunications facilities shall be configured to accommodate at least two telecommunications providers in addition to local emergency service accommodations.
   16. A statement shall be included that the Applicant has considered the likely effects of the installation on nearby land uses and values and has concluded that there is a 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 antennae and related facilities on an existing structure, including documentation of attempts to locate its antennae and related facilities on an existing structure, if any, with support radio frequency analysis, where applicable, and a statement indicating that the applicant attempted to locate its antennae and at facilities on a tower designed to host multiple wireless service providers' facilities or on an existing structure, such as telecommunication tower or other suitable structure capable of supporting the applicant’s antennae and related facilities.
   17. 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 shall be included in the application.
   18. After an Applicant's submission of the uniform application to construct a cellular antenna tower, the Planning Commission shall:
       1. Review the uniform application in light of its agreement with the Jessamine County-City of Wilmore Comprehensive Plan and locally adopted zoning regulations;
       2. Make its final decision to approve or disapprove the uniform application; and
       3. Advise the Applicant in writing of its final decision within sixty (60) days commencing from the date that the uniform application is submitted to the Planning Commission or within a date certain specified in a written agreement between the local planning commission and the applicant if the Planning Commission fails to issue a final decision within sixty (60) days and if there is no written agreement between the local Planning Commission and to applicant to a specific date for the Planning Commission to issue a decision, the uniform application shall be deemed approved.
   19. If the Planning Commission disapproves of the proposed construction, it shall state the reason for disapproval in its written decision and may make suggestions which, in its opinion, better accomplish the objectives of the Comprehensive Plan and locally adopted zoning regulations. No permit for construction of a cellular or personal communications services antenna tower shall be issued until the planning commission approves the uniform application or sixty (60) day time period has expired, whichever comes first.
   20. A party aggrieved by a final action of the Planning Commission under the provisions of KRS100.985 to 100.987 may bring an action for review in any court of competent jurisdiction.

Design Standards

At the time of filing of a request under this Section C, the Applicant shall provide information demonstrating compliance with the requirements listed below. Where the Planning Commission finds that the conditions or circumstances 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, or welfare, either at the time of application or in the foreseeable future, and that such special conditions and circumstances make one or more said requirements unduly burdensome, the Planning Commission 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.

1. The site shall be landscaped in accordance with the requirements of the Zoning Ordinance, if any, for utility substations. If the site is an easement, the boundaries of the tract on which the easement is located shall be treated as the property boundaries.
2. Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternate sections of aviation orange and aviation white paint may be used ONLY when the Federal Aviation Administration (FAA) finds that none of the alternatives to such marking are acceptable.
3. Towers shall not be artificially lighted except as required by the FAA. Upon commencement of construction of a cellular tower, in cases where there are residence uses located within a distance which is three hundred (300) percent of the height of the cellular tower from the cellular tower and when required by federal law, dual mode lighting shall be requested from the FAA.
4. The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification or repairs. To accommodate such visits, access shall be only from access points approved by the applicable Works Department, and there shall be provided on site an area sufficient to accommodate the parking of the service vehicle.
5. The site shall be enclosed by a security fence of a minimum height of eight (8) feet and the fence may be located in any required yard.
6. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the Federal Communications Commission (FCC) of intent to cease operations within 30 days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have 180 days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that will not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower that is to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain within 90 days of the expiration of the twelve (12) month period, a demotion permit and remove the antenna or tower that is presumed abandoned within 60 days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its cost of demolition and removal.
7. The only signs allowed shall be emergency information signs, owner contact information, warning or safety instructions, and signs required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area.
8. All new cellular antenna towers are required to accommodate and permit the co-location of telecommunications equipment that assists police, fire, and emergency medical services free of charge.

Existing Telecommunications Facilities

Telecommunications facilities in existence on the date of the adoption of this ordinance which do not comply with this ordinance (“Existing telecommunications facilities”) are subject to the following provisions:

1. 1. Existing telecommunication facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
   2. Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this ordinance.
   3. The owner of any existing telecommunications facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennae or facilities, or to upgrade the facilities to current engineering, technological or communications standards by obtaining a building permit therefore, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approvals, so long as such facilities are not increased in height by more than 20% and/or setbacks are not decreased by more than 20% from the original height or setback during the life of the structure.
   4. Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in C.5 above beyond that existing at the date of the adoption of this ordinance.

Effective on: 1/1/1901

Section 3.8 adopted (insert dale of adoption).

SECTION 3.8 ADOPTED APRIL 20, 2009

SECTION 3.8 AMENDED AUGUST 4, 2009

Effective on: 1/1/1901

1. Transfer the existing cemetery as part of a buildable lot. Ownership and maintenance of the cemetery would be left to the individual lot owner.
2. Make the existing cemetery a separate lot. Ownership and maintenance of the cemetery would be assigned by written agreement with either the original owner of the cemetery, subdivision Homeowners Association, the developer of a subdivision, a local legislative unit, or a historical organization.
3. In all of the above options, the developer and/or owners shall comply with Section 3.9.2. (a)-(i)

Effective on: 1/1/1901

1. Cemetery boundaries shall be established by the developer and submitted to the Architectural Review Board for approval. Request for approval should include evidence of location such as fences, walls, grave stones, natural features or recorded documents. If sufficient evidence for location of cemetery boundary does not exist then the Architectural Review Board may require developer(s) to have a professional archeologist view the site and make a determination as to the boundaries and potential number of grave sites.
   1. No new structure or building addition shall be built within 30 feet of an existing private family cemetery regardless of adjoining property lines or land ownership. This 30 foot limitation is also required regardless of whether the cemetery is part of a building lot or is conveyed as a separate lot. The 30 foot limitation shall be in the form of an exclusive cemetery easement.
   2. No excavating, paving or land disturbance shall be allowed within thirty (30) feet of a cemetery.
2. Developer shall repair or replace any existing cemetery fences or walls. Stone or masonry fences shall be replaced with the same type or suitable material. Existing cemetery fences or walls shall be repaired or replaced at time of development or prior to Final Plat or Final Development Plan approval.
3. Developer shall be required to construct a new fence if one does not exist at time of establishment of cemetery boundary. Fence material shall fit with the character of the proposed development. The following materials are acceptable: Stone, Brick, Ornamental Iron, pressure treated wood (picket or plank constructed) with a quality of workmanship and material the guarantees a life expectancy of 20 years.
4. At time of construction of new fence, dead or decaying trees and heavy underbrush shall be removed from the cemetery. Remaining trees shall be pruned to a height to create a clear vertical view of 8 feet. Ground cover shall also be established at this time.
5. A statement by the property owner, applicant or developer shall be made on the Development Plan or Division Plat regarding cemetery ownership and maintenance
6. A Certificate of Land Use Restriction, Cemetery Easement and a Deed Restriction shall be recorded in the Jessamine County Clerk's office acknowledging the location, size, ownership and maintenance of a cemetery. This information shall also be recorded on the Final Development Plan, and the Final Plat for a subdivision if not yet recorded.
7. Public or controlled access shall be provided by the developer or owner to the existing cemetery with a minimum five (5) foot wide recorded ingress/egress pedestrian Cemetery Access Easement accessible from a public or private street within the development. The recording of the Cemetery Access Easement shall follow the same guidelines in 3.9.2.(h).

Effective on: 1/1/1901

1. Preservation of Existing Cemetery: If a property owner desires to preserve an existing cemetery while developing or diving his or her own property, then the property owner shall state his or her intent to the Architectural Review Board and the Jessamine County, City of Wilmore Joint Planning Commission in writing and follow the lot and maintenance requirements as stated in these Regulations.
2. Relocation of an Existing Cemetery: If a property owner desires to relocate an existing cemetery with advice from the Architectural Review Board, then the property owner shall state his or her intent to the Architectural Review Board and the Planning Commission in writing and follow the requirements for relocation per Kentucky Revised Statutes and Kentucky Administrative Regulations. Copies of all required state and local applications and permits during the relocation procedure shall be submitted to the Planning Commission and Architectural Review Board.
3. Discovery of an Unknown Cemetery: If a property owner or developer unintentionally discovers a cemetery during construction, which was previously unknown, all work in the immediate area shall cease immediately. The property owner or developer shall be responsible to report this disclosure to the Jessamine County/Wilmore Planning Commission and Agricultural Review Board. As a result, the following steps should be taken:
   1. First the property owner or developer has the option of stating in writing to the Planning Commission and the Architectural Review Board whether he or she will preserve the cemetery in accordance with these and state regulations or relocate the cemetery in accordance with state law. Either option will result in a submittal to the Planning Commission a revised subdivision plat, development plan and/or zoning permit to be reviewed and approved by the Planning Commission, Planning Commission staff and the Architectural Review Board shall be available to advise the property owner or developer of the benefits of cemetery preservation versus relocation.
   2. Second, if a property owner or developer decides not to report the presence of a cemetery that is previously unknown and attempts to conceal any evidence that a cemetery ever existed and discovery of this fact is presented to the Planning Commission or Fiscal Court, then the Planning Commission shall notify the property owner or developer in writing to stop construction work in the area surrounding the cemetery. At the next regularly scheduled Planning Commission Meeting, the property owner or developer must be present to discuss the matter and offer a solution. This solution shall include the following:
      1. The boundaries of the cemetery shall be identified by a professional (Kentucky Registered) archaeologist at the expense of the owner or developer;
      2. The cemetery fence (if it exists) shall be repaired, replaced or reconditioned at the owner or developer's expense. The cemetery's condition shall be returned to its natural state and maintained per Section 3.9.2 and ownership shall be established per Section 3.9.1;
      3. Inspection of the cemetery preservation work shall be done periodically by the Planning Commission Enforcement Officer to ensure that the work is completed in a reasonable amount of time.

Effective on: 1/1/1901

SECTION 3.9 ADOPTED OCTOBER 17, 2000

Effective on: 1/1/1901

On parcels of five (5) acres or more the storage of five (5) or more junked or non-operative vehicles as defined in KRS 177.905(2)(3) shall be prohibited unless permitted by the Kentucky Commissioner of Highways.

3. Maintenance of Private Property:
   1. No person owning, leasing, occupying or having charge of any premises shall allow to exist, keep or maintain any nuisance thereon, which is visible from an adjoining public road and/or private residential property or public facility. A nuisance shall consist of but not limited to:

      Garbage dumps;

      Refuse;

      Discarded furniture and/or appliances;

      Salvage materials such as concrete slabs, asphalt, tires, roofing materials;

      Hazardous materials;

      Excessive amount of organic materials; or

      Items or materials possessing similar characteristics to those previously mentioned.

   2. Upon inspection by the Code Enforcement Officer of land which a violation of this section exists, said officer shall issue a notice to the property owner requiring the violation be corrected within fifteen (15) days of the date of the violation notice. If no extension of time to comply with this section has been granted, or if an extension is granted and the property owner thereafter remains in violation of this section, the Code Enforcement Officer may:
      1. Cause the County to enter the property to remedy the violation via removal of nuisances identified as being in violation. The County shall then cause a bill to be issued to the property owner for the County's expenses incurred in remedying the violation. The property owner shall have ten (10) days to pay this bill to the County. If the bill is not paid in ten (10) days, the County shall have a lien against the property and may file a statement of Lien upon the real estate with the County Clerk, and may therefore enforce its lien by civil action brought in Jessamine Circuit Court; and/or
      2. Invoke Section 4.4 of this ordinance regarding Penalties for Violation.
   3. This section shall not apply to any nuisance that is created by a business enterprise operating in compliance with all applicable laws and zoning regulations in a permitted zone or under a conditional use permit; or any operation maintained by the County Government. Furthermore, this section shall not apply to a condition or use created by a pre-existing or newly established agricultural operation or farming practice which is necessary to the operation and maintenance of an agricultural enterprise.
4. Any merchandise for sale to the general public adjacent to a County, State or Federal Highway shall be set back behind the road right-of-way.
5. Gates:

Gates as defined in Section 1.8 of this ordinance shall be prohibited from being constructed, installed, or erected within the right-of-way of any public or county maintained road or any road that is proposed for dedication as a public or county maintained road.

6. Guardhouses

Construction of guardhouses or decorative entryways within the right-of-way of a public or county maintained road without approval of the Planning Commission as required in Section 3.210 of this ordinance shall be prohibited.

G. Sexually Oriented Businesses (as Defined In Title Xi, §112.03 Of The Jessamine County Code Of Ordinances), In The Zone Where They May Be Permitted, Shall Be Prohibited From Locating Within 1,000 Feet Of Any Residential Zone (as Shown On The Jessamine County Zoning Map), Church, Or Park, Or Within One Mile Of Any Public School, In Keeping With The Findings In §112.02 Of The Jessamine County Code Of Ordinances.

SECTION 3.212 AMENDED NOVEMBER 19, 2002

SECTION 3.212(B) AMENDED JANUARY 6, 2004

SECTION 3.212(B) AMENDED JUNE 5, 2007

SECTION 3.212(B) AMENDED DECEMBER 1, 2009

SECTION 3.212(B) AMENDED AUGUST 3. 2010

SECTION 3.212 (E) and (F) ADOPTED SEPTEMBER 30, 2008

SECTION 3.212(C) AMENDED NOVEMBER 15, 2015

SECTION 3.212 (G) ADOPTED MARCH 5, 2018

Effective on: 6/5/2018

1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion in flood heights or velocities;
2. Require that uses vulnerable to flood, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural flood plains, stream channels and natural protective barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase erosion or flood damage;
5. Prevent or regulate the constriction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands

1. Definitions

Solar Energy System (SES) means a device, including its components and subsystems, that

collects solar energy for electricity generation, consumption, or transmission, or for thermal

applications. SESs are in turn divided into three types depending on how the system is

incorporated into the existing land use:

Integrated Solar Energy System means 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 facade, skylight, shingles, canopy, light, or parking meter.

Rooftop Solar Energy System means an SES that is structurally mounted to the roof of a

house, building, or other structure and does not qualify as an Integrated SES.

Ground Mounted Solar Energy System means a SES that is structurally mounted to the

ground and does not qualify as an Integrated SES. Ground Mounted SESs are

subcategorized as follows:

• 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.

• Intermediate Scale Ground Mounted Energy System (Intermediate Scale SES)

which is a Ground Mounted SES with a Footprint of between 2,501 square feet

and ten (10) acres.

• Large Scale Ground Mounted Solar Energy System (Large Scale SES) means a

Ground Mounted SES with a Footprint of more than ten (10) acres.

Exempt Solar Energy System (Exempt SES) means a 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.

Farmland of Statewide Importance means 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.

SES Footprint 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 buffers, nor transmission lines or portions

thereof that are required to connect the SES to a utility or customer outside the SES perimeter.

Prime Farmland means 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, feed, forage, fiber, and oilseed crops and is available

for these uses.

Siting Board Regulated SES means a 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.

2. Applicability

(a) This ordinance applies to the siting, construction, installation, and decommissioning of any

new SES within the jurisdiction of Jessamine County/City of Wilmore after the effective 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:

1. Modification to an existing SES that alone or in combination increases the total SES

Footprint by no more than 5% of the original Footprint.

2. Routine maintenance and repair, including replacement of solar panels, not increasing

the SES Footprint.

(d) 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).

(e) 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. General Requirements Applicable to Integrated and Rooftop Solar Energy Systems

(a) Solar Access. Consistent with KRS 381.200(2), a property owner may obtain a solar

easement from another property owner for the purpose of ensuring adequate exposure to

sunlight for an Integrated or Rooftop SES. Such 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 Jessamine County/City of Wilmore zoning code regarding tree removal, and any applicable state or federal requirements.

(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 off-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.  

4. 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 a Ground Mounted SES. Such easement shall be recorded.

(b) Tree Removal. The removal of trees or natural vegetation for a Ground Mounted SES

shall comply with all the requirements of the Jessamine County/City of Wilmore zoning code regarding

tree removal and mitigation, and any applicable state or federal requirements.

(c) Lighting. Lighting of a Ground Mounted SES shall be limited to the minimum necessary

for safe operation, and shall be directed downward, incorporate full cut-off features, and

incorporate motion sensors where feasible. Lighting shall be designed to avoid light trespass.

Nothing in this Ordinance is intended to preclude installation of lighting required by the

Federal Aviation Administration.

(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, substation

structures, and antennas constructed for the project. A Ground Mounted SES may exceed

twenty (20) feet in height upon a finding that the SES would be more productive, use less

land, or provide other environmental, economic, or other benefits if the height limitation is

increased.

(e) Siting Restrictions for Ground Mounted SES

1. Solar equipment must comply with the setbacks for the zone in which it is placed. 

2. 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 150 feet from a residence located on a property other

than that on which the Ground Mounted SES is to be installed.

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

 participating landowners.

4. Setback requirements may be reduced by 25% where effective existing or

 proposed visual screening is determined to exist by the Board of Adjustment or

 other authority having jurisdiction.

5. 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 effective screening.

(f) Screening. Ground Mounted SESs shall be effectively screened from properties zoned for

residential use other than that on which the SES is to be constructed.

1. Ground Mounted intermediate & large-scale systems shall have or install a visual buffer of

 natural vegetation, plantings, earth berms, and/or fencing that

will provide an effective visual and lighting screen between the SES and properties

zoned for residential use. Existing buffers along an SES perimeter shall be

preserved when reasonably practicable.

(g) Protection of Farmland and Revegetation of Disturbed Areas

1. 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.

2. 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 and reseeded with vegetation in order to establish an

effective ground cover and to minimize erosion and sedimentation.

(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:

1. 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.

2. 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.

(j) 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 buffer plan

demonstrating how proposed visual buffers will effectively screen the proposed

SES from adjacent properties zoned for residential use.

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 buffer plan

demonstrating how proposed visual buffers will effectively screen the proposed

SES from adjacent properties zoned for residential use.

A topographic map that depicts vegetative cover, watersheds, floodplains, and

other geographic information about the property and surrounding area.

5. Conditional Use Permit Application Requirements

(a) Applications for an SES requiring a conditional use permit shall include the following

information:

1. Name, address, telephone number, and email address (if available) of the

applicant, the project owner, and the project operator.

2. 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).

3. Documentation, such as a deed, lease, or other agreement with the landowner,

demonstrating the applicant’s right to use and control the property.

4. A topographic map that depicts vegetative cover, watersheds, floodplains, and

other geographic information about the property and surrounding area.

5. 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 battery

storage.

6. 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 buffer plan

demonstrating how proposed visual buffers will effectively screen the proposed

SES from adjacent properties zoned for residential use.

7. A map from the Natural Resources Conservation Service identifying prime

farmland and farmland of statewide importance (if in a district zoned as

agricultural), documentation from the U.S. Fish and Wildlife Service regarding

the presence 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 Office regarding known archaeological or cultural

resources listed or eligible for listing on the National Register.

8. 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.

9. A decommissioning plan prepared by a licensed professional engineer, and

updated every seven (7) years, containing the following:

a. The anticipated life of the project and defined conditions upon which

decommissioning will be initiated;

b. The estimated decommissioning cost, including removal of the SES

and related foundations, pads, underground collector lines and roads, 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. The Board of Adjustment or

other authority having jurisdiction shall consider the salvage value

identified in computing the amount, if any, of financial assurance required

under subsection e.

c. 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 of the parcel(s);

d. The party responsible for decommissioning;

e. A performance bond, irrevocable letter of credit, or other financial assurance

payable to Jessamine County Fiscal Court, sufficient to cover the net costs identified in

subsection 9b 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, which financial assurance

shall be provided prior to commencement of construction;

f. A copy of any lease containing specific agreements regarding

decommissioning with the landowner;

10. Proof of adequate casualty and liability insurance covering installation and

operation of the SES;

11. 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.

12. 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 5(a)1-7.

(b) A conditional use permit issued by a Board of Adjustment or other authority having

jurisdiction shall include, at a minimum, all applicable requirements of Sections 4 and 5 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.

6. Public Notice and Public Comment

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.

(There are no ordinances associated with this section.) 

Effective on: 1/1/1901

This development plan should also include, but not be limited to, a presentation of the following information:

1. layout of proposed structures, driveways, parking area required to service the proposed facility, proposed outdoor activity area and proposed buffering of neighboring properties;
2. for golf courses in addition to (i) above, indicate layout and orientation of the golf course, including the tees, the fairways, the greens, and any driving ranges, and proposed protection to adjoining residences, structures, roads and/or land;
3. proposed sewage disposal system:

Section 3.221 amended March 16, 1999

Section 3.221(a) amended June 6, 2000

Effective on: 1/1/1901

SECTION 3.222 AMENDED JUNE 6, 2000

SECTION 3.222 AMENDED JULY 1, 2008

Effective on: 1/1/1901

1. A.
   Cemeteries,
2. B.
   Hospitals,
3. C.
   Nursing homes, convalescent homes, or assisted living facilities,
4. D.
   Churches, schools and colleges,
5. E.
   Public facilities and buildings,
6. F.
   Veterinary clinics,
7. G.
   Home occupations,
8. H.
   Farmers markets: If the applicant proposes to sell items not produced on the applicant's farm, the Board of Adjustment shall require a development plan before approving the conditional use permit. An applicant must be actively engaged in agricultural production, and some of the products for sale in the farmers market must be produced on the applicant's farm.
9. I.
   Horse arenas accommodating events with more than seventy (70) participants provided the site adjoining US 27, US 68, KY 39, KY 169, KY 1267, KY 1974 or is on a road that intersects one of the aforementioned roads and is at least twenty-two (22) feet wide the entire distance from such intersection to the proposed arena.
10. J.
    Kentucky River Recreational Centers (KRRC) - Seasonal recreation and conservation uses such as riding trails, launch ramps, fishing and excursion boat docks, and beaches within areas of Special Flood Hazard along the shores of the Kentucky River; and recreational facilities to include swimming pools, cabins, lodges, playgrounds, amphitheaters, campgrounds, picnic shelters, seasonal camps, fishing boat, canoe and kayak rentals with accessory retail and concession stand uses in areas adjacent to the Kentucky River outside areas of Special Flood Hazard. All KRRC conditional use permits will be limited to seasonal use for no more than nine (9) months of operation in any calendar year and shall require approval of a final development plan subject to the following limitations:

    1. 1.
       The Special Provisions of Article 3.233 shall apply;
    2. 2.
       All KRRC activities shall be located on a single lot, equal to or greater than five (5) acres in size, abutting the Kentucky River with the number of seasonal Recreational Buildings (with or without food preparation facilities) limited to one seasonal Residential Building per each five (5) acres contained within the KRRC lot.
    3. 3.
       Seasonal Residential Buildings with food preparation facilities shall be limited to a maximum of eight (8) bedrooms each and seasonal Residential Buildings without food preparation facilities shall be limited to a maximum of twelve (12) bedrooms each.
    4. 4.
       The approved conditional uses contained in the Kentucky River Recreational Center shall not be extended to the same occupant for a period longer than twenty-one (21) consecutive days.
    5. 5.
       in order to facilitate the specific permitted conditional uses listed above, one additional season multi-purpose recreational structure shall be permitted per each ten (10) acres contained within the KRRC lot.
    6. 6.
       Accessory retail/concession square footage, limited to a maximum of fifteen hundred (1,500) square feet, may be added to one of the seasonal Recreational Buildings or one of the permitted seasonal multi-purpose recreational structure(s).
    7. 7.
       Limited dimensional spacing variances to cluster structures and uses may be granted in order to minimize soil disturbance.
    8. 8.
       A caretaker representing the owner may be allowed to live on the premises year round in quarters attached to a permitted seasonal Residential Building or seasonal multi-purpose recreational structure within the KRRC lot.
    9. 9.
       See Article 3.3 for sign regulations,
    10. 10.
        See Article 3.4 for parking regulations.
    11. 11.
        Prohibited Uses:

        1. A.
           Mobile Homes
        2. B.
           Any other use not expressly permitted is prohibited.
        3. C.
           Changes or damage to any portion of the Palisades or any cliff which shall be designated as a scenic area. The following acts or uses are prohibited ad the scenic easement area must remain in its natural state.

           1. 1.
              Removal or cutting of plants, flowers, shrubs or trees.
           2. 2.
              Removal or rocks, ledges, dirt, or any material.
           3. 3.
              Painting or defacing the surface, hang gliding, repelling, or any similar uses.
11. K.
    Special Event Venue, to include weddings and auxiliary events associated with weddings, charitable events, fundraisers, receptions, and corporate picnics.
12. L.
    Sportsmen's Farm
13. M.
    Sportsmen's Farm with Shooting
14. N.

    Wood Barrel Distilled Spirit Storage on parcels of 20+ acres. Structures shall be for storage only, and not production. Conditionally permitted Distilled Spirit Storage shall meet the mandatory requirements set out in KRS 100.237 as well as the following standards:

    1. Prior to the approval of a Conditional Use Permit hereunder, the BOA must consider the impact of the     proposed use upon surrounding properties, so that the character of the area is protected. This type of use      shall not alter or detract from the agricultural or residential character of the proposed area;

    2. The portion of the property to be developed shall not be located within a floodplain or naturally       sensitive area, and shall be at least 500 feet away from any blue-line stream;

    3. The Board shall consider on-site fire protection, and the applicant must obtain written approval from the          appropriate fire district;

    4. Measures must be taken to ensure that all Distilled Spirit Storage in the Unincorporated Area of                     Jessamine County is undertaken in a manner which minimizes increased traffic congestion on existing           streets, roads and intersections;

    5. The maximum size of any single structure shall not exceed a footprint of 40,000 square feet, excluding          stairwells and open docks, and shall not exceed 90 feet in height;

    6. All structures shall be set back a minimum of 200 feet from property lines. All structures shall be at least        500 feet from any residential use or district;

    7. Wood Barrel Distilled Spirit Storage in the Unincorporated Area of Jessamine County shall not be located     nearer than 1,000 feet from any church, synagogue, or other permanent place of worship, licensed day         care center, public or private elementary, middle, or secondary school, institution of higher learning, or           business college. The setback distances may be increased by the Board of Adjustments as determined to     be necessary to assure compatibility with other land uses depending on case-specific factors;

    8. At least 50 percent of the property shall be dedicated to agricultural uses as defined in KRS 100 and/or          preserved as a conservation area;

    9. Outdoor storage of materials, equipment, or supplies associated with Wood Barrel Distilled Spirit Storage      is not allowed, unless otherwise allowed by the underlying zoning; and

    10. Applicants for a Conditional Use Permit for Wood Barrel Distilled Spirit Storage shall submit a                        development plan with their application, conforming to the requirements of Ordinance Section 5.1G and        reflecting all of the features set out in subsections 1-9 above.

15. O.
    Bed and Breakfast
16. P.
    Short Term Rental
17. Q.
    Craft Beverage/ Distilled Spirit Production
18. R.
    Medicinal cannabis cultivators, but only if the following lot sizes are met:

    1. 1.
       The minimum lot size for a tier I or tier II medicinal cannabis cultivator shall be ten (10) acres
    2. 2.
       The minimum lot size for a tier III medicinal cannabis cultivator shall be fifteen (15) acres
    3. 3.
       The minimum lot size for a tier IV medicinal cannabis cultivator shall be twenty (20) acres
19. S.
    Medicinal cannabis processing

SECTION 3.223 AMENDED JULY 1, 2008

SECTION 3.223 (J) ADOPTED AUGUST 17, 2010

SECTION 3.223 (C) AMENDED DECEMBER 4, 2012

SECTION 3.223 (K) ADOPTED DECEMBER 15, 2015

SECTION 3.223 L. M. ADOPTED MARCH 5, 2019

SECTION 3.223 (R)(S) ADOPTED JUNE 3, 2025

Effective on: 2/3/2021

Effective on: 1/1/1901

SECTION 3.225 AMENDED JANUARY 24, 2002

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Landscaping shall be of species naive to the Bluegrass Region and no landscaping shall be done without prior approval of the landscaping plan by the Planning Commission;
2. Fertilization / pesticide control of the land shall use environmentally friendly methods of fertilization and pest control;
3. All natural springs, cave entrances and open sinkhole throats shall have at least a 100 foot radial foot protected zone;
4. Natural water flow shall not be obstructed by any means or use;
5. Outdoor Lighting Plans shall receive prior approval from the Planning Commission. Outdoor lighting is discouraged at or near the Kentucky River Palisades.

SECTION 3.23 ADOPTED MAY 2, 2006

SECTION 3.231 AMENDED SEPTEMBER 21, 2010

Effective on: 1/1/1901

1. Any use permitted in the Residential (R-2) Zone.
2. Two-family dwellings.
3. Multi-family dwellings
4. Mobile home parks, provided they meet the requirements of Section 3.5 of this Zoning Ordinance

1. A maximum choice of living environments by allowing a variety of housing and building types and lot sizes.
2. A more useful pattern of open space and recreation areas.
3. A development pattern which utilizes optimal home building sites while preserving and utilizing natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.
4. A more efficient use of land that is generally not achieved through conventional development, resulting in substantial savings through shorter utility lines and streets.
5. A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the Comprehensive Plan.

Effective on: 1/1/1901

Effective on: 1/1/1901

For Outdoor Storage See - 3.264

Signage options include:

1. One name plate per residence or other permitted use; not exceeding one (1) square foot in area.
2. One identification sign for permitted home occupation, not exceeding four (4) square feet.
3. One identification sign for a farm or estate; not exceeding thirty-two (32) square feet.
4. One identification sign for any permitted use not otherwise specifically provided for: not exceeding thirty-two (32) square feet in area.
5. One identification sign for a permitted church or school for academic instruction: not exceeding thirty-two (32) square feet in area: in addition, one bulletin board sign: not exceeding twelve (12) square feet in area may be permitted subject to a total maximum square footage area limitation of forty (40) square feet for both signs.
6. One non-illuminated business sign advertising agricultural products grown or raised on the premises: not exceeding thirty-two (32) square feet in area.
7. For farms utilizing more than one point of access, one non-illuminated or indirectly illuminated sign per entrance indicating the name of the farm and directional information as necessary to provide information as to the particular farm activity which must be served by only that point of access: not to exceed ten (10) square feet in area.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Type II Manufactured Homes shall only be permitted in:
   1. Existing non-conforming mobile home parks;
   2. Certified Mobile Home or Manufactured Home Parks;
   3. The General A-1 Zone as the primary residence by the deeded owner of a lot or parcel which qualifies as a Farm under KRS 132:010 & 132:420; and is installed in accordance with Section 3.511(2)(a-d) with a vented perimeter skirting wall constructed of a fire retardant material that has the actual appearance of brick, concrete, stucco or natural stone.
   4. The General A-1 Zone when occupied as the primary residence by a mother, daughter, father or son of the Grantor of a lot or parcel of five acres more and installed in accordance with Section 3.511(2)(a-d) with a vented perimeter skating wall constructed of a fire retardant material that has the actual appearance of brick, concrete, stucco or natural stone.
   5. The A-1 Zone as accessory uses (secondary residences) on parcels of 25 acres or more; the twenty-five (25) acre requirement is in addition to the required acreage for the primary residence. If more than one Type II manufactured housing unit is located on an A-1 parcel the 25 acre requirement shall apply to each unit;
   6. The A-I zone as a conditional use approved under 3.514 of this ordinance;
   7. Is permanently connected to an approved water and sewage disposal system and is in compliance with all public health requirements governing plumbing installations; and,
   8. Is installed with all factory doors operational for emergency ingress and egress with steps constructed to comply with, state building code standards.

Effective on: 1/1/1901

Type III Manufactured Homes shall:

1. Only be permitted in the A-I Zone, for housing agricultural workers engaged in the harvesting of seasonal agricultural crops or products by conditional permit on a lot or parcel of 25 acres or more; the 25 acre requirement is in addition to the required acreage for the primary residence; if more than one Type II or III manufactured housing unit is located on an A-1 parcel the 25 acre requirement shall apply to each unit;
2. Be installed as required in 815KAR25:030;
3. Be permanently connected to an approved water and sewage disposal system and is in compliance with all public health requirements governing plumbing installations;
4. Be set back 200 feet from a public road; The Board of Adjustments may require any additional screening or location standards which it deems necessary to minimize the visibility of a Type II or Type III Manufactured Home from adjoining property or public right-of-way;
5. Have skirting around the entire perimeter; and,
6. Is installed with all factory doors operational for emergency ingress and egress with steps constructed to comply with state building code standard.

Effective on: 1/1/1901

1. Shall be installed in accordance with 3.512 with gritting around the entire perimeter.
2. Shall only be permitted as an accessory use on lots of 10 acres or more;
3. Shall be set back 200 feet from a public road and screened as may be required by the Board of Adjustment;
4. Conditional permit shall be reviewed annually to determine continued hardship need; and,
5. Permit holder shall notify planning and zoning administrator as soon as hardship condition ends.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

All other Manufactured or Mobile Homes shall be prohibited from being located in Jessamine County.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Section 3.5 amended June 6, 2000

Section 3.5 amended April 3, 2001

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

2. Specific Standards -

   In all areas of special flood hazards where base flood elevation date has been provided as set forth in Section 3.2132 B, or Section 3.2133 B (11), the following provisions are required:

   2. Residential Construction -
      New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation;
   3. Non-Residential Construction -
      New Construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, be flood proofed so that below the base flood level the structure is water fight with was substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 3.2133 C (3):
   4. Mobile Homes -
      1. No mobile home shall be placed in a flood way or coastal high hazard area, except in an existing mobile home park or existing mobile home subdivision;
      2. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by prom a over-the-top and frame ties to ground anchors. Spec-Mc requirements shall be that: (i) over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional des per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one (1) additional tie per side; (ii) frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile home less than 50 feet long requiring four (4) additional ties per side; (III) any additions to the mobile home be similarly anchored.
      3. For new mobile home parks and subdivisions; for expansions to existing home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and (III) in the instance of elevation on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed stable soil no more than ten (10) feet apart and (3) reinforcement is provided for pilings more than six (6) feet above the ground level.
      4. Floodways
         Located within areas of special flood hazard established in Section 3.2132 B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
         1. Prohibits encroachments, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result any increase in flood levels dining occurrence of the base flood discharge;
         2. If Section 3.2134 B (4)(a) is satisfied., all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.2134.
      5. Elevated Buildings -
         New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.
         1. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
            1. Provide a minimum of two (2) openings hat-ring a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
            2. The bottom of ale openings shah' be no higher than one (1) foot above wade; and
            3. Openings may be equipped with screens, louvers, valves or other coverings of devices provided they permit the automatic flow of flood waters in both directions. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or en` y to the living area (stairway or elevator); and,
         2. The exterior portion of such enclosed area shall not be partitioned or finished into separate rooms.
   5. Standards for Manufactured Homes and Recreational Vehicles
      1. All manufactured homes placed or substantially improved (i)-14h-outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (III) in an expansion to an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, must meet all the requirements for new construction, including elevation and anchoring.
      2. dared homes plaid or substantially improved in an existing manufactured home park or subdivision must be elevated so that:
         1. the lowest floor of the manufactured home is elevated to or above the level of the base flood elevation, or
         2. the manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above grade
         3. the manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement
         4. in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, any manufactured home placed or substantially improved must meet the standards of Article 5, Section B (4)(b)(i) and (III) above.

All recreational vehicles placed on sites must either:

1. be on the site for fewer than 180 consecutive days,
2. be fully licensed and for highway use, or
3. meet the permit requirements for new construction., including anchoring and elevation requirements for "manufactured homes".

A recreational vehicle is teat- for highway use if it is on its wheels or jacking system, is attached to the site by quick disconnect type utilities and security devices and has no permanently attached additions.

Standards for Subdivision Proposals

1. All subdivision proposals shall consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres.

Effective on: 1/1/1901

1. proposal for use of chemicals on site (for golf courses), proposed method of disposal of chemicals and other waste, including measures to prevent run-off of chemicals and animal waste;
2. method to minimize and shield lighting from adjacent parcels, if applicable;
3. analysis of proposed trips generated per day by proposed commercial use and capacity of adjacent road network to handle these trips.

SECTION 3.21 AMENDED JANUARY 24, 2002 SECTION 3.21 C AMENDED JANUARY 24, 2002

Effective on: 1/1/1901

Effective on: 2/3/2021

Effective on: 2/3/2021

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2414 AMENDED FEBRUARY 20, 2007

Effective on: 1/1/1901

The minimum front yard setback line shall be fifty (50) feet from the right-of-way.

2. Side yards

There shall be a minimum side yard on each side of any structure of twelve (12) feet as measured from the property line to the nearest building or structure.

3. Rear Yard

There shall be a minimum rear yard building setback line of not less than fifty (50) feet as measured from the rear property line to the nearest building or structure.

4. Corner Lot Yards

Corner lots shall be laid out so as to provide at least minimum front yard requirements along both street frontages.

5. Yards for Buildings Constructed Under a Conditional Use

All public and semi-public buildings, including accessory buildings shall have at least the same front yard setback required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback for such buildings of fifty (50) feet from any lot line.

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 2416(D) AMENDED DECEMBER 1, 2009

Effective on: 2/3/2021

Effective on: 2/3/2021

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2525 AMENDED SEPTEMBER 5, 2000

SECTION 3.2426(D) AMENDED DECEMBER 1, 2009

Effective on: 1/1/1901

Effective on: 1/1/1901

A. Any use permitted in the Residential (R-2) Zone.

B. Two-family dwellings

C. Multi-family dwellings

D. Mobile home parks, provided they meet the requirements of Section 3.5 of this Zoning Ordinance.

E. Short Term Rental

(There are no ordinances associated with this section.) 

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2434 (Now 3.2435) AMENDED SEPTEMBER 5, 2000

Effective on: 1/1/1901

SECTION 3.435 (D) (Now 3.2436) AMENDED DECEMBER 1, 2009

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2442 AMENDED SEPTEMBER 21, 2010

Effective on: 1/1/1901

2. Bed and Breakfast.

3. Short Term Rental

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Public Sanitary Sewer: All dwelling units shall be connected to public sanitary sewer. There shall be no variance, waiver or exception granted by the Planning Commission or Board of Zoning Adjustment per sanitary sewer.
2. Height: No building shall be erected or altered to a height of more than forty-five (45) feet.
3. Buildings, Uses and Setbacks: No building shall encroach on any required front yard. On corner lots front yard setback standards shall apply to all adjacent streets.
4. Lot sizes and setbacks shall conform to the standards set in the following including percentage of Parent Tract for various lot sizes:

SECTION 3.2448(2) AMENDED FEBRUARY 20, 2007

1. Lot Requirements - Variable Density Zone (R-1V)**;
   1. Minimum Lot Size: 6,000 feet: Maximum Lot Size: 9,999 square feet: Attached Dwelling Units:

1a. Non-Attached Dwelling Units:

1. 2. Minimum Lot Size: 10,000 square feet; Maximum Lot Size: 14,999 square feet

1. 3. Minimum Lot Size: 15,000 square feet: Maximum Lot Size: 29,999 square feet

1. 4. Minimum Lot Size: 30,000 square feet: Maximum Lot Size: 43,559 square feet

1. 5. Minimum Lot Size: 43,560 square feet; Maximum Lot size: None

SECTION 3.2448(A)(1) AMENDED NOVEMBER 29, 2005

1. 6. Transfer of Lot Sizes: Any portion of an above lot size category not used can be transferred to any larger lot size category.

**All front yards are from right-of-way

**All side yards are from side lot line: Rear yards are from rear lot line

**All minimum lot widths also apply to minimum road frontage on a public street

1. 7. Additional lots may be granted for the development in exchange for the demolition or removal of legally existing, habitable dwellings on the parent tract as further defined and restricted herein by Section 1.8-R-1 Variable Density Development. Such additional lots shall be added to the total number of lots normally allowed for the development, and such total shall be used to calculate the maximum number of lots per lot size category. All dwellings to be eliminated shall be removed or demolished prior to recording of the initial final plat for the development. All such additional lots granted shall comply with all development standards of this Ordinance and the Subdivision Regulations.

Effective on: 1/1/1901

Street design for Brannon Road (KY Highway 1980) shall be based on Figure 23 of the Northeast Jessamine Transportation Study (Jones, Jones and Goulding, 2003). Brannon Road from US27 East to Tates Creek Road shall consist of the fall section and shall be built commensurate with development. West of US27, along portions where there is a new alignment proposed for. Brannon Road, the southern half of the cross section shall be constructed commensurate with development. The dedicated right-of-way in this area shall be no less than 120 feet to provide space for the northern half or the road section to be built in the future. In the case of development along existing Brannon Road, improvements to the existing road are required in accordance with the subdivision regulations; however, a right-of-way in addition to the existing width shall be dedicated for a total right of way width of 120 feet to provide space for future widening.

1. All other streets in the R-1V Zone shall be urban collector or local streets as defined in the Jessamine County-City of Wilmore Subdivision Regulations, Article 4.204.

SECTION 3.2448 A 7 ADOPTED NOVEMBER 29, 2005

SECTION 3.2249 AMENDED SEPTEMBER 21, 2010

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

All proposed common areas, greenways, parks and public easement areas of this subdivision known as _____________________________________ and consisting of a total of ______ acres as shown on plat recorded in Plat Cabinet __________ Slide __ in the office of the Jessamine County Clerk shall be restricted from further development or subdivision and shall be used as proposed by the plat with this easement to be a perpetual easement and a covenant running with the, land. This easement and restriction is required by the Variable Density Zoning District Ordinance amendment recorded in Fiscal Court Order Book _________ Page _________ in the office of the Jessamine County Clerk.

SECTION 3.244 ADOPTED MARCH 29, 2005

In the Table above the Maximum allowable % is allocated to each Lot Size Category

60% is allowable in the 15,000 – 29,999 sf category for this example because 15% of the lots were transferred from the two smaller Lot Size Categories

55% is allowable in the 43,560 + sf category for this example because 25% of the lots were transferred from the 30,000 – 43,559 sf Lot Size Category

In the Table above the Maximum allowable % is allocated to each Lot Size Category

60% is allowable in the 15,000 – 29,999 sf Category for this example because 15% of the lots were transferred from the two smaller Lot Size Categories

55% is allowable in the 43,560 + sf Category for this example because 25% of the lots were transferred from the 30,000 – 43,599 sf Lot Size Category

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The minimum front yard setback line shall be forty (40) feet from the right-of-way of any public or private street.

2. Side Yards

There shall be a minimum side yard on each side of any structure often (10) feet as measured from the property line to the nearest building or stricture, and a total of twenty (20) feet on both sides of any structure.

3. Rear Yards

There shall be a minimum rear yard setback line of not less than forty (40) feet as measured from the rear property line to the nearest building or structure.

4. Corner Lot Yards

The minimum setback line on any street shall be forty (40) feet from the right-of-way of any public or private street. The rear yard setback line on corner lots shall be reduced to ten (10) feet.

SECTION 3.2514 AMENDED FEBRUARY 20, 2007

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.26 AMENDED MAY 2, 2002

SECTION 3.2612 AMENDED FEBRUARY 20, 2007

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2622 AMENDED FEBRUARY 20, 2007

SECTION 3.262 AMENDED AUGUST 1, 2000

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Land designated for B-1, or B-3 use on a future land use map; and,
2. Land is located within an area where public sewer service is available at time of request for ZMA.

Effective on: 1/1/1901

1. A.
   Manufacturing, fabrication, and/or processing of any commodity, except as set out in Section 3.2732, the uses being conditionally permitted there being expressly prohibited here.
2. B.
   Retail sales of any commodity manufactured, fabricated or processed on the premises, or of any premises, or of any commodity designed especially for use in agriculture, mining, industry, business, transportation or construction, including, but not limited to, the following uses:

   1. 1.
      Building material sales yard and lumber yards, including the sale of rock, gravel, sand and the like as an incidental part of the main business.
   2. 2.
      Contractor's equipment storage yard or plant, or rental of equipment storage yard or plant, or rental of equipment commonly used by contractors.
   3. 3.
      Freighting or trucking yard or terminal.
3. C.
   Wholesale or storage of any article.
4. D.
   Craft Beverage/ Distilled Spirit Production
5. E.
   Medicinal Cannabis Processing Facility
6. F.
   Medicinal Cannabis Safety Compliance Facility

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The height limit may be raised with the written approval of the Planning Commission.

Effective on: 1/1/1901

Asphalt plants, Concrete plants, rock or stone crusher, mill or quarry.

Effective on: 1/1/1901

1. Abrasives manufacturing,
2. Acid (non-corrosive and corrosive) manufacturing.
3. Aerosol packaging.
4. Ammonia, chlorine or bleaching powder manufacturing.
5. Animal black, lamp black or bone black manufacturing.
6. Automobile assembling and manufacturing.
7. Automobile wrecking, scrap iron storage or wrecking
8. Blast furnace.
9. Bleaching plant.
10. Boiler shops and operative reciprocating hammers or chisels or other noise-producing machine operated tools.
11. Bolt or screw thread rolling or cutting
12. Bottle making
13. Brewing and distillery.
14. Brick, tile and terra-cotta. and other clay products manufacturing.
15. Briquette manufacturing from previously prepared charcoal.
16. Bronze casting.
17. Building materials salvage yard and wrecking material yard.
18. Candle or sperm oil manufacturing.
19. Canvas manufacturing.
20. Carpet or rug manufacturing.
21. Celluloid and pyroxyline manufacturing or explosive or inflammable cellulose or proxyline products manufacturing or storage.
22. Cement, lime, gypsum, or plaster of paris manufacturing.
23. Chemical manufacture.
24. Coal storage and washing including transfer yards and facilities.
25. Coke manufacturing.
26. Correctional institutions.
27. Creosote manufacturing or treatment.
28. Cupola or metal smelting furnace and ore or metal reduction.
29. Die casting and making
30. Disinfectant, insecticide or poison manufacture.
31. Distillation of tar, coal, petroleum, refuse, grain, wood, or bones and the manufacture of tar.
32. Dye or dyestuff manufacturing and printing ink manufacturing.
33. Electric power generating plant.
34. Excelsior and fiber manufacturing.
35. Explosive manufacturing or storage except for small arms ammunition.
36. Fencing, woven wire manufacturing.
37. Fertilizer manufacturing using organic materials, compose or storage.
38. Fish curing, smoking, or packing, fish oil manufacturing or refining.
39. Forge.
40. Foundry.
41. Gas (acetylene, illuminating or heating) manufacture or storage.
42. Gas storage: Above or below ground storage for resale of flammable, or nonflammable gas or oxidizer in liquid or gaseous form, the storage of any empty container which contained any gas in any form, and the receiving of or dispensing of any gas in any form unless the method of distribution is first permitted as a conditional use in this zone, and provided such operations conform to the standards prescribed by the National Fire Protection Association, the Kentucky Occupational Safety and Health Standards for General Industry, and any requirements of the Fire Marshall. Such conformance shall be certified in writing by the Fire Marshall, and any required protective measures for the containers shall be met in all ways.
43. Gas storage and distribution facility where the means of distribution is railroad tank cars, gas piping, or tank trucks which may each have a water capacity in excess of 4,000 gallons; however, the volume shall be governed by National Fire Protection Association regulations.
44. Glass fiber manufacturing.
45. Glucose manufacturing.
46. Glue manufacturing, size or gelatin manufacturing where the processes include the refining or recovery of products from fish, animal refuse or offal, including fat rendering.
47. Commercial grain drying and poultry feed manufacturing from refuse, mash, or grain.
48. Hair manufacturing.
49. Landfills.
50. Leaf mold and similar plant material processing or manufacturing
51. Linoleum, oil clothe or oiled goods manufacturing
52. Commercial livestock feed yards.
53. Machinery wrecking or storage yard, salvage storage yard.
54. Match manufacturing
55. Monument works.
56. Nitrating processes.
57. Oil, paint, shellac, turpentine varnish or enamel manufacturing or the grinding of colors by machine.
58. Paper or pulp manufacturing.
59. Perfume manufacturing.
60. Petroleum or inflammable liquids production, refining and storage.
61. Plaster manufacturing and products.
62. Potash manufacturing or refining.
63. Pyroline plastic manufacturing.
64. Railroad roundhouse or yards.
65. Roofing material factory.
66. Rubber manufacturing, tearing or reclaiming plant.
67. Commercial sand blasting.
68. Commercial sawmill.
69. Shoe blacking or polish manufacturing
70. Slaughtering of animals, except for personal use, or stock yards.
71. Smelting of aluminum, copper, iron, zinc, ore.
72. Soda ash, caustic soda or washing compound containing chlorine bleaching powder manufacturing or refining.
73. Stadium.
74. Steel mill.
75. Storage, curing or storage of raw, green or slated hides or skins.
76. Commercial storage, drying, or cleaning of rags, glass, cloth, paper or clippings, including sorting, refining, baling wool, pulling and scouring and including garbage transfer station.
77. Sulphurous, sulfuric, nitric, picric, carbolic, or hydrochloric or other corrosive acid manufacturing.
78. Sugar refining or starch manufacturing.
79. Tar or asphalt roofing or waterproofing manufacturing.
80. Terra cotta manufacture.
81. Textile manufacturing
82. Tire -manufacturing.
83. Vehicle storage yards.
84. Yard for storage of dismantled, or partially dismantled automobiles.
85. Craft Beverage/ Distilled Spirit Production
86. Any other use possessing similar characteristics to these uses listed above.

A landfill is permitted only in the Heavy Industry, I-2 Zone, and is prohibited in all other zones in the planning area. The placement, storage, dumping, burying or disposal of any waste products, scrap or discarded material shall not be permitted to allow seepage or discharge into any water table, surface stream, underground steam, or the atmosphere, or to endanger the health, safety or welfare of the inhabitants of the planning area. Any material that is toxic or harmful to people, animals, or any portion of the natural environment is prohibited. This use of land is subject to the jurisdiction of the Board of Adjustment. An application for a landfill or waste products storage area shall not be heard by the Board of Adjustment until detailed plans and specifications have been approved by all local, state or federal agencies having control over such disposal and/or storage. The Board of Adjustment may employ an independent environmental firm to determine if the proposed use conforms to the requirements of section. The necessity of such employment shall be at the sole discretion of the Board of Adjustment and shall be paid for by the applicant.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Section 3.2811 Amended July 21, 1998

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901