Kentucky Revised Statutes

Ky. Rev. Stat. § 100.985 (2026)

Definitions for KRS 100.985 to 100.987

✓ current as of May 2026

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In addition to the definitions set forth in KRS 100.111, the following definitions shall apply to KRS 100.985 to 100.987: (1) "Cellular antenna tower" means a tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services; (2) "Cellular telecommunications service" means a retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations; (3) "Co-location" means locating two (2) or more transmission antennas or related equipment on the same cellular antenna tower; (4) "Personal communication service" has the meaning as defined in 47 U.S.C. sec. 332(c); (5) "Uniform application" means an application to construct a cellular antenna tower submitted to a planning commission in conformity with KRS 100.9865 and 100.987; (6) "Utility" has the meaning as defined in KRS 278.010(3); and (7) "Antennas or related equipment" means transmitting, receiving, or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers. Effective: April 23, 2002 History: Amended 2002 Ky. Acts ch. 343, sec. 2, effective April 23, 2002; and ch. 346, sec. 157, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 231, sec. 1, effective July 15, 1998. Legislative Research Commission Note (4/23/2002). This section was amended by 2002 Ky. Acts ch. 343, sec. 2, and ch. 346, sec. 157, which appear to be in conflict. The changes made by ch. 346 are revisory in nature, while the changes made by ch. 343 are substantive. The changes of ch. 343 have been allowed to prevail. Cf. KRS 7.123.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2017–2023 · leading case: William Richardson v. The Georgetown-Scott Cnty. Plan. Comm'n (Ky. Ct. App. 2023).

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William Richardson v. The Georgetown-Scott Cnty. Plan. Comm'n (Ky. Ct. App. 2023). · cites it 2× “The statute provides for the filing of an application to construct such a tower as well as the review process by the Planning Commission.”

Robbins v. Lexington-Fayette Urban Cnty. Plan. Comm'n, 538 S.W.3d 294 (Ky. Ct. App. 2017). “987(10) (pertaining specifically to cellular antenna towers but within KRS Chapter 100-"Planning and Zoning") states: "A party aggrieved by a final action of a planning commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in any court of…”

Givhan v. Bullitt Cnty. Jt. Plan. Comm'n (W.D. Ky. 2021). “987 specifically provides that “[a] party aggrieved by a final action of a planning commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in any court of competent jurisdiction.”

— Ky. Rev. Stat. § 100.985(3) — 1 case

William Richardson v. The Georgetown-Scott Cnty. Plan. Comm'n (Ky. Ct. App. 2023). “The statute provides for the filing of an application to construct such a tower as well as the review process by the Planning Commission.”

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