Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 177.572-177.576, 177.830-177.890, 23 C.F.R.
Part 750, 23 U.S.C. 103, 131
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
177.860 requires the Commissioner of the
Department of Highways to promulgate administrative regulations establishing
standards for advertising devices.
KRS
177.890 authorizes the Commissioner of the
Department of Highways to enter into agreements with the United States
Secretary of Transportation in order to carry out national policy relating to
interstate, defense, and federal-aid primary highways within the state.
23 U.S.C.
131, the Highway Beautification Act,
authorizes retention of additional federal funding on the establishment of
controls over the placement of outdoor advertising devices. This administrative
regulation defines the terms used in 603 KAR Chapter 10.
Section 1. Definitions.
(1) "Abandoned" or "discontinued" means that
for a period of one (1) year or more an advertising device has:
(a) Not displayed advertising
matter;
(b) Displayed obsolete
advertising matter;
(c) Needed
substantial repairs due to lack of maintenance; or
(d) Only advertised for the sale, rent, or
lease of the advertising device.
(2) "Activity boundary line" means the
delineation on a property of those regularly used buildings, parking lots,
storage, and process areas that are integral and essential to the primary
business activity that takes place on the property.
(3) "Advertising device" is defined by
KRS
177.830(5).
(4) "Centerline of the highway" means a line:
(a) Equidistant from the edges of the median
separating the main-traveled ways of a divided:
1. Interstate;
2. Parkway;
3. National highway system; or
4. Federal-aid primary highway; or
(b) That is the centerline of the
main-traveled way of a nondivided:
1.
Interstate;
2. Parkway;
3. National highway system; or
4. Federal-aid primary highway.
(5) "Commercial or
industrial activities" is defined by
KRS
177.830(9).
(6) "Commercial or industrial land use" means
an activity in a zoned area within 660 feet of the interstate or parkway right
of way carried on for financial gain but not including:
(a) The leasing of property for residential
purposes;
(b) An activity conducted
in a building principally used as a residence;
(c) An agricultural, forestry, ranching,
grazing, farming, or related enterprise, including a wayside fresh produce
stand;
(d) Operation, maintenance,
or storage of an advertising device;
(e) A railroad track or minor siding;
or
(f) A facility generally
recognized as a utility such as a cell tower.
(7) "Commercial or industrial zone" means an
area adjacent to a highway zoned to permit business, commerce, or trade as
established in local ordinance or regulation.
(8) "Conditional permit" means a permit
issued by the department that requires the removal of one (1) or more existing
advertising devices prior to construction activity at the permitted
location.
(9) "Department" means
the Department of Highways within the Kentucky Transportation
Cabinet.
(10) "Destroyed" means a
nonconforming advertising device requiring repair due to weather related
events, vandalism, or other criminal or tortious acts.
(11) "Electronic advertising device":
(a) Means an advertising device with a
message that is changed by an electronic or mechanical process or remote
control, including rotating cubes, rotating vertical triangular slats, turning
lights on and off, glow cubes, light emitting diodes, cathode ray tubes, and
florescent discharge or other similar technology; and
(b) Does not mean a numerical display changed
by an electronic or mechanical process not exceeding one-half of the message
face.
(12) "Enlargement"
means an addition to the permitted area of the facing of an advertising
device.
(13) "Erect":
(a) Means to construct, build, raise,
assemble, place, affix, attach, create, paint, draw, or bring into being or
establish; and
(b) Does not mean
the change of a message or routine maintenance.
(14) "Extension" means an addition to an
advertising device that is temporary, subject to specific size requirements,
and removed with the message.
(15)
"Face" means the part of the advertising device including trim and background
that contains the message and informative content.
(16) "Facing" means the faces displayed on
the same advertising device and oriented in the same direction of
travel.
(17) "Federal-aid primary
highway" is defined by
KRS
177.830(3) and pursuant to
23 U.S.C.
131 refers to the existence of the highway on
June 1, 1991.
(18) "Highway" means:
(a) An interstate, parkway, national highway
system, or federal-aid primary highway depicted by the Transportation Cabinet
on
http://maps.kytc.ky.gov/PAFOA/.
and
(b) A public road maintained by
the department.
(19)
"Interstate" is defined by
KRS
177.830(2).
(20) "Main traveled way":
(a) Means the traveled way of a highway on
which through traffic is carried; and
(b) Does not mean frontage roads, turning
roadways, or parking areas.
(21) "Nit" means a unit of measurement of
luminance used to specify the brightness or the intensity of visible light in
an electronic advertising device.
(22) "Non-billboard" means an off-premise
advertising device located on a federal-aid primary highway or a national
highway system highway that is not located on the property it is advertising
and is limited to advertising for a city, church, or civic club located within
the community in which the advertising device is erected.
(23) "Nonconforming advertising device" means
an off-premise advertising device that at one (1) time was lawfully erected but
does not comply with a:
(a) Current state law
or administrative regulation; or
(b) Changed condition such as:
1. A change in zoning;
2. The relocation or reclassification of a
highway;
3. A change in restriction
on size, space, or distance; or
4.
The abandonment of required business or businesses.
(24) "Official sign" means a sign
located within the highway right-of-way that has been installed by or on behalf
of the department or another public agency having jurisdiction.
(25) "Off-premise advertising device" means
an advertising device that contains a message relating to an activity or
product that is foreign to the site on which the advertising device and message
are located or an advertising device erected by a company or individual for the
purpose of selling advertising messages for rental income.
(26) "On-premise advertising device":
(a) Means an advertising device that consists
solely of the name of the establishment or that identifies the establishment's
principal or accessory products or services offered on the property;
and
(b) Does not mean an
advertising device that brings rental income to the property owner.
(27) "Protected area" means an
area:
(a) Within 660 feet of the right-of-way
of an interstate, parkway, national highway system, or federal-aid primary
highway both in and outside of an urban area; or
(b) Outside of an urban area and beyond 660
feet of the right-of-way of an interstate, parkway, national highway system, or
federal-aid primary highway.
(28) "Scenic byway" is defined by
KRS
177.572.
(29) "Scenic highway" is defined by
KRS
177.572.
(30) "Static advertising device" means an
advertising device that does not use electric or mechanical technology to
change the message but can include a numerical display changed by an electronic
or mechanical process that does not exceed one-half of the message
face.
(31) "Turning roadway" means
a connecting roadway for traffic turning between two (2) intersecting lanes of
an interchange.
(32) "Unzoned
commercial or industrial area" is defined by
KRS
177.830(8).
(33) "Urban area" is defined by
KRS
177.830(10).
(34) "Urbanized protected area" means an area
within 660 feet of the right-of-way of an interstate, parkway, national highway
system, or federal-aid primary highway with a population of 50,000 or more as
demonstrated by the United States Department of Commerce, United States Census
Bureau.
(35) "Visible" means a
message:
(a) Or a part of the static
advertising device structure capable of being seen, whether or not legible,
without visual aid by a person of normal visual acuity on a scenic highway;
or
(b) Capable of being seen,
whether or not legible, without visual aid by a person of normal visual acuity
in a protected area not on a scenic highway.
41 Ky.R. 2456; Am.
42 Ky.R. 351; 1155; eff. 11-5-2015.
STATUTORY AUTHORITY:
KRS
177.860,
23 U.S.C.
131