68-2232.Definitions.As used in this act the following words and phrases shall have themeanings respectively ascribed to them herein: (a) "Adjacent area""controlled area" meansan area which is adjacent to the right-of-way on any interstate or primaryhighway and is visible from the main traveled way.
(b) "Business area" means any part of an adjacent area, except areasadjacent to scenic byways, designated by the secretary of transportation,which is:
(1) Zoned for industrial or commercial activities under theauthority of any law or by a local zoning authority; or
(2) an unzoned commercial or industrial area asherein defined.
(c) "Center line of the highway" means a line equidistant from theedges of the median separating the main traveled ways on a dividedhighway, or the center line of the main traveled way on a nondividedhighway.
(d) "Commercial or industrial activities" means, for the purpose ofestablishing unzoned commercial or industrial areas, those activitiesgenerally recognized as commercial or industrial by local zoningauthorities in this state, but excludes the following activities:
(1) Outdoor advertising structures;
(2) agricultural, forestry, ranching, grazing, farming and relatedactivities, including, but not limited to, wayside fresh produce stands;
(3) transient or temporary activities;
(4) activities not visible from the traffic lanes of the main traveledway;
(5) activities more than 660 feet fromthenearest edge of a highway right-of-way;
(6) activities conducted in a building principally used as aresidence;
(7) railroad tracks and minor sidings;
(8) on-premise or on-property signs as provided for in subsection (c) ofK.S.A. 68-2233,and amendments thereto, if the on-premise or on-property sign is the only partof the commercialor industrial activity that is visible from the main traveled way;
(9) any outdoor advertising activity or any other business or commercialactivity carriedon in connection with an outdoor advertising activity; and
(10) illegal junkyards as provided for in K.S.A. 68-2201 through 68-2215, andamendments thereto, and junkyards lawfully in existence pursuant to K.S.A.68-2207, andamendments thereto.
(e) "Comprehensive zoning" means zoning by local zoning authoritiesof each parcel ofland under the jurisdiction of the local zoning authority placed in a zoningclassification pursuantto a comprehensive plan or reserved for future classification.
(f) "Department" means the Kansas department of transportation.
(g) "Erect" means to construct, build, raise, assemble,place,affix, attach, create, paint, draw or in any other way bring into beingor establish, but it shall not include any of the foregoingactivitieswhen performed as an incident to the change of advertising message orcustomary maintenance or repair of a sign structure.
(h) "Freeway" means any primary highway which isa dividedarterial highway with four or more lanes available for through traffic withfull control of access and grade separation at intersections.
(i) "Highway" means a highway as defined by K.S.A. 8-1424,andamendments thereto. For the purpose of this act, a highway shall beconsidered a highway when the project for improvement and final alignment hasbeen approved by the appropriate authorities.
(j) "Interstate highway" means any highway at any timeofficiallydesignated as a part of the national system of interstate and defensehighways by the secretary of transportation and approved by theappropriate authority of the federal government.
(k) "Local zoning authority" means an incorporated city ora countywhich is authorized by law to zone areas within its jurisdiction andwhich has an active zoning authority.
(l) "Main traveled way" means the traveled way of a highwayon whichthrough traffic is carried. On a divided highway, the traveled way ofeach of the separate roadways for traffic in opposite directions is amain traveled way, but such term does not include suchfacilities asfrontage roads, turning roadways or parking areas.
(m) "Maintain" means to keep in astate of continuing existence. Asign must remain substantially the same as it was when permitted on theeffective date ofcompliance with state law. Customary maintenance of a sign includes only changeof message, replacing electrical wiring and bulbs, painting of the face andstructure, clearing of vegetation onthe parcel the sign is located, reinforcing the structure and repairing theapron or catwalks orany addition or enhancements to safety equipment on structures including safetycables, railingsand other modifications necessary to meet current safety standards. Anincrease in dimension, achange in dimension, any change in location, increase in height or the additionof lighting doesnot constitute customary maintenance. Additional maintenance activities, otherthan customarymaintenance, require a new sign permit.
(n) "Primary highway" means any highway, other than aninterstatehighway, that was part of the federal-aid primary system in existence on June1, 1991, and any highway which is not onsuch system but which is on the national highway system.
(o) "Safety rest area" means an area or site established andmaintained within or adjacent to the highway right-of-way, which area isunder public supervision or control and for the convenience of thetraveling public.
(p) "Sign" or "outdoor advertising device" means any outdoor signstructure, display, light,device, notice, bulletin, figure, painting, drawing, message, placard,poster, billboard, vehicle or other thing which is designed, intended orused toadvertise or inform, any part of the advertising or informative contentswhich is visible fromanyplace on the main traveled way or any portion of an interstate orprimary highway.
(q) "Sign facing" means and includes a sign display or displays at thesame location andfacing the same direction.
(r) "Sign display" means a single panel or part of the sign,including trim andbackground, which contains a message or messages.
(s) "Sign structure" means and includes all components of the sign, which mayinclude poles, bracings, lateral supports, vehicles, displays and othermaterials of every kind and natureused to support a facing or facings on which advertising is placed.
(t) "Traveled way" means the portion of a roadway for themovementof vehicles, exclusive of shoulders and auxiliary lanes.
(u) "Unzoned commercial or industrial area" means an areawhich is not zoned by state or local law,regulation or ordinance,which is within 660 feet of the nearest edge of the right-of-way of thecontrolled area, and onwhich there is located one or more permanent structures devoted to acommercial or industrialactivity or on which a commercial or industrial activity is actually conducted,whether or not apermanent structure is located thereon, which meets all the requirementsspecified in subsection(h) of K.S.A. 68-2234, and amendments thereto.
(v) "Visible" means capable of being seen without visualaid by aperson of normal visual acuity.
(w) "Zoned commercial or industrial areas" means thoseareas whichare comprehensively zoned for business, industry, commerce or tradepursuant to a stateor local zoning ordinance or resolution or an area which is zoned forbusiness,industry, commerce ortrade pursuant to a state or local zoning ordinance or regulation. Local zoningaction must betaken pursuant to the state's zoning enabling statute or constitutionalauthority in accordancetherewith. Zoning which is not part of comprehensive zoning or which is createdprimarily topermit advertising devices or structures shall not be recognized as validzoning for purposes ofthe Kansas highway advertising control act and the rules and regulationspromulgatedthereunder, unless there actually exists a commercial or industrial activity asdefined undersubsection (d) of K.S.A. 68-2232, and amendments thereto.
(x) "Secretary" means the secretary of transportation.
(y) "Vegetation control" means a program authorized hereunder, providingfor the controlof vegetation on state rights-of-way which shall be of benefit to the state aswell as providingassistance to sign owners. Vegetation control is recognized as part of themaintenance of thestate's highway right-of-way as it relates to safety and other highwayoperations. The secretary shall adopt policies and procedures for the creationof a vegetation control program within 12months of the effective date of this act.
History: L. 1972, ch. 251, § 2; L. 1975, ch. 33, § 10;L. 1975, ch. 427, § 219;L. 2000, ch. 44, § 1;L. 2006, ch. 141, § 1; July 1.
68-2232.Definitions.As used in this act the following words and phrases shall have themeanings respectively ascribed to them herein: (a) "Adjacent area""controlled area" meansan area which is adjacent to the right-of-way on any interstate or primaryhighway and is visible from the main traveled way.
(b) "Business area" means any part of an adjacent area, except areasadjacent to scenic byways, designated by the secretary of transportation,which is:
(1) Zoned for industrial or commercial activities under theauthority of any law or by a local zoning authority; or
(2) an unzoned commercial or industrial area asherein defined.
(c) "Center line of the highway" means a line equidistant from theedges of the median separating the main traveled ways on a dividedhighway, or the center line of the main traveled way on a nondividedhighway.
(d) "Commercial or industrial activities" means, for the purpose ofestablishing unzoned commercial or industrial areas, those activitiesgenerally recognized as commercial or industrial by local zoningauthorities in this state, but excludes the following activities:
(1) Outdoor advertising structures;
(2) agricultural, forestry, ranching, grazing, farming and relatedactivities, including, but not limited to, wayside fresh produce stands;
(3) transient or temporary activities;
(4) activities not visible from the traffic lanes of the main traveledway;
(5) activities more than 660 feet fromthenearest edge of a highway right-of-way;
(6) activities conducted in a building principally used as aresidence;
(7) railroad tracks and minor sidings;
(8) on-premise or on-property signs as provided for in subsection (c) ofK.S.A. 68-2233,and amendments thereto, if the on-premise or on-property sign is the only partof the commercialor industrial activity that is visible from the main traveled way;
(9) any outdoor advertising activity or any other business or commercialactivity carriedon in connection with an outdoor advertising activity; and
(10) illegal junkyards as provided for in K.S.A. 68-2201 through 68-2215, andamendments thereto, and junkyards lawfully in existence pursuant to K.S.A.68-2207, andamendments thereto.
(e) "Comprehensive zoning" means zoning by local zoning authoritiesof each parcel ofland under the jurisdiction of the local zoning authority placed in a zoningclassification pursuantto a comprehensive plan or reserved for future classification.
(f) "Department" means the Kansas department of transportation.
(g) "Erect" means to construct, build, raise, assemble,place,affix, attach, create, paint, draw or in any other way bring into beingor establish, but it shall not include any of the foregoingactivitieswhen performed as an incident to the change of advertising message orcustomary maintenance or repair of a sign structure.
(h) "Freeway" means any primary highway which isa dividedarterial highway with four or more lanes available for through traffic withfull control of access and grade separation at intersections.
(i) "Highway" means a highway as defined by K.S.A. 8-1424,andamendments thereto. For the purpose of this act, a highway shall beconsidered a highway when the project for improvement and final alignment hasbeen approved by the appropriate authorities.
(j) "Interstate highway" means any highway at any timeofficiallydesignated as a part of the national system of interstate and defensehighways by the secretary of transportation and approved by theappropriate authority of the federal government.
(k) "Local zoning authority" means an incorporated city ora countywhich is authorized by law to zone areas within its jurisdiction andwhich has an active zoning authority.
(l) "Main traveled way" means the traveled way of a highwayon whichthrough traffic is carried. On a divided highway, the traveled way ofeach of the separate roadways for traffic in opposite directions is amain traveled way, but such term does not include suchfacilities asfrontage roads, turning roadways or parking areas.
(m) "Maintain" means to keep in astate of continuing existence. Asign must remain substantially the same as it was when permitted on theeffective date ofcompliance with state law. Customary maintenance of a sign includes only changeof message, replacing electrical wiring and bulbs, painting of the face andstructure, clearing of vegetation onthe parcel the sign is located, reinforcing the structure and repairing theapron or catwalks orany addition or enhancements to safety equipment on structures including safetycables, railingsand other modifications necessary to meet current safety standards. Anincrease in dimension, achange in dimension, any change in location, increase in height or the additionof lighting doesnot constitute customary maintenance. Additional maintenance activities, otherthan customarymaintenance, require a new sign permit.
(n) "Primary highway" means any highway, other than aninterstatehighway, that was part of the federal-aid primary system in existence on June1, 1991, and any highway which is not onsuch system but which is on the national highway system.
(o) "Safety rest area" means an area or site established andmaintained within or adjacent to the highway right-of-way, which area isunder public supervision or control and for the convenience of thetraveling public.
(p) "Sign" or "outdoor advertising device" means any outdoor signstructure, display, light,device, notice, bulletin, figure, painting, drawing, message, placard,poster, billboard, vehicle or other thing which is designed, intended orused toadvertise or inform, any part of the advertising or informative contentswhich is visible fromanyplace on the main traveled way or any portion of an interstate orprimary highway.
(q) "Sign facing" means and includes a sign display or displays at thesame location andfacing the same direction.
(r) "Sign display" means a single panel or part of the sign,including trim andbackground, which contains a message or messages.
(s) "Sign structure" means and includes all components of the sign, which mayinclude poles, bracings, lateral supports, vehicles, displays and othermaterials of every kind and natureused to support a facing or facings on which advertising is placed.
(t) "Traveled way" means the portion of a roadway for themovementof vehicles, exclusive of shoulders and auxiliary lanes.
(u) "Unzoned commercial or industrial area" means an areawhich is not zoned by state or local law,regulation or ordinance,which is within 660 feet of the nearest edge of the right-of-way of thecontrolled area, and onwhich there is located one or more permanent structures devoted to acommercial or industrialactivity or on which a commercial or industrial activity is actually conducted,whether or not apermanent structure is located thereon, which meets all the requirementsspecified in subsection(h) of K.S.A. 68-2234, and amendments thereto.
(v) "Visible" means capable of being seen without visualaid by aperson of normal visual acuity.
(w) "Zoned commercial or industrial areas" means thoseareas whichare comprehensively zoned for business, industry, commerce or tradepursuant to a stateor local zoning ordinance or resolution or an area which is zoned forbusiness,industry, commerce ortrade pursuant to a state or local zoning ordinance or regulation. Local zoningaction must betaken pursuant to the state's zoning enabling statute or constitutionalauthority in accordancetherewith. Zoning which is not part of comprehensive zoning or which is createdprimarily topermit advertising devices or structures shall not be recognized as validzoning for purposes ofthe Kansas highway advertising control act and the rules and regulationspromulgatedthereunder, unless there actually exists a commercial or industrial activity asdefined undersubsection (d) of K.S.A. 68-2232, and amendments thereto.
(x) "Secretary" means the secretary of transportation.
(y) "Vegetation control" means a program authorized hereunder, providingfor the controlof vegetation on state rights-of-way which shall be of benefit to the state aswell as providingassistance to sign owners. Vegetation control is recognized as part of themaintenance of thestate's highway right-of-way as it relates to safety and other highwayoperations. The secretary shall adopt policies and procedures for the creationof a vegetation control program within 12months of the effective date of this act.
History: L. 1972, ch. 251, § 2; L. 1975, ch. 33, § 10;L. 1975, ch. 427, § 219;L. 2000, ch. 44, § 1;L. 2006, ch. 141, § 1; July 1.
68-2232.Definitions.As used in this act the following words and phrases shall have themeanings respectively ascribed to them herein: (a) "Adjacent area""controlled area" meansan area which is adjacent to the right-of-way on any interstate or primaryhighway and is visible from the main traveled way.
(b) "Business area" means any part of an adjacent area, except areasadjacent to scenic byways, designated by the secretary of transportation,which is:
(1) Zoned for industrial or commercial activities under theauthority of any law or by a local zoning authority; or
(2) an unzoned commercial or industrial area asherein defined.
(c) "Center line of the highway" means a line equidistant from theedges of the median separating the main traveled ways on a dividedhighway, or the center line of the main traveled way on a nondividedhighway.
(d) "Commercial or industrial activities" means, for the purpose ofestablishing unzoned commercial or industrial areas, those activitiesgenerally recognized as commercial or industrial by local zoningauthorities in this state, but excludes the following activities:
(1) Outdoor advertising structures;
(2) agricultural, forestry, ranching, grazing, farming and relatedactivities, including, but not limited to, wayside fresh produce stands;
(3) transient or temporary activities;
(4) activities not visible from the traffic lanes of the main traveledway;
(5) activities more than 660 feet fromthenearest edge of a highway right-of-way;
(6) activities conducted in a building principally used as aresidence;
(7) railroad tracks and minor sidings;
(8) on-premise or on-property signs as provided for in subsection (c) ofK.S.A. 68-2233,and amendments thereto, if the on-premise or on-property sign is the only partof the commercialor industrial activity that is visible from the main traveled way;
(9) any outdoor advertising activity or any other business or commercialactivity carriedon in connection with an outdoor advertising activity; and
(10) illegal junkyards as provided for in K.S.A. 68-2201 through 68-2215, andamendments thereto, and junkyards lawfully in existence pursuant to K.S.A.68-2207, andamendments thereto.
(e) "Comprehensive zoning" means zoning by local zoning authoritiesof each parcel ofland under the jurisdiction of the local zoning authority placed in a zoningclassification pursuantto a comprehensive plan or reserved for future classification.
(f) "Department" means the Kansas department of transportation.
(g) "Erect" means to construct, build, raise, assemble,place,affix, attach, create, paint, draw or in any other way bring into beingor establish, but it shall not include any of the foregoingactivitieswhen performed as an incident to the change of advertising message orcustomary maintenance or repair of a sign structure.
(h) "Freeway" means any primary highway which isa dividedarterial highway with four or more lanes available for through traffic withfull control of access and grade separation at intersections.
(i) "Highway" means a highway as defined by K.S.A. 8-1424,andamendments thereto. For the purpose of this act, a highway shall beconsidered a highway when the project for improvement and final alignment hasbeen approved by the appropriate authorities.
(j) "Interstate highway" means any highway at any timeofficiallydesignated as a part of the national system of interstate and defensehighways by the secretary of transportation and approved by theappropriate authority of the federal government.
(k) "Local zoning authority" means an incorporated city ora countywhich is authorized by law to zone areas within its jurisdiction andwhich has an active zoning authority.
(l) "Main traveled way" means the traveled way of a highwayon whichthrough traffic is carried. On a divided highway, the traveled way ofeach of the separate roadways for traffic in opposite directions is amain traveled way, but such term does not include suchfacilities asfrontage roads, turning roadways or parking areas.
(m) "Maintain" means to keep in astate of continuing existence. Asign must remain substantially the same as it was when permitted on theeffective date ofcompliance with state law. Customary maintenance of a sign includes only changeof message, replacing electrical wiring and bulbs, painting of the face andstructure, clearing of vegetation onthe parcel the sign is located, reinforcing the structure and repairing theapron or catwalks orany addition or enhancements to safety equipment on structures including safetycables, railingsand other modifications necessary to meet current safety standards. Anincrease in dimension, achange in dimension, any change in location, increase in height or the additionof lighting doesnot constitute customary maintenance. Additional maintenance activities, otherthan customarymaintenance, require a new sign permit.
(n) "Primary highway" means any highway, other than aninterstatehighway, that was part of the federal-aid primary system in existence on June1, 1991, and any highway which is not onsuch system but which is on the national highway system.
(o) "Safety rest area" means an area or site established andmaintained within or adjacent to the highway right-of-way, which area isunder public supervision or control and for the convenience of thetraveling public.
(p) "Sign" or "outdoor advertising device" means any outdoor signstructure, display, light,device, notice, bulletin, figure, painting, drawing, message, placard,poster, billboard, vehicle or other thing which is designed, intended orused toadvertise or inform, any part of the advertising or informative contentswhich is visible fromanyplace on the main traveled way or any portion of an interstate orprimary highway.
(q) "Sign facing" means and includes a sign display or displays at thesame location andfacing the same direction.
(r) "Sign display" means a single panel or part of the sign,including trim andbackground, which contains a message or messages.
(s) "Sign structure" means and includes all components of the sign, which mayinclude poles, bracings, lateral supports, vehicles, displays and othermaterials of every kind and natureused to support a facing or facings on which advertising is placed.
(t) "Traveled way" means the portion of a roadway for themovementof vehicles, exclusive of shoulders and auxiliary lanes.
(u) "Unzoned commercial or industrial area" means an areawhich is not zoned by state or local law,regulation or ordinance,which is within 660 feet of the nearest edge of the right-of-way of thecontrolled area, and onwhich there is located one or more permanent structures devoted to acommercial or industrialactivity or on which a commercial or industrial activity is actually conducted,whether or not apermanent structure is located thereon, which meets all the requirementsspecified in subsection(h) of K.S.A. 68-2234, and amendments thereto.
(v) "Visible" means capable of being seen without visualaid by aperson of normal visual acuity.
(w) "Zoned commercial or industrial areas" means thoseareas whichare comprehensively zoned for business, industry, commerce or tradepursuant to a stateor local zoning ordinance or resolution or an area which is zoned forbusiness,industry, commerce ortrade pursuant to a state or local zoning ordinance or regulation. Local zoningaction must betaken pursuant to the state's zoning enabling statute or constitutionalauthority in accordancetherewith. Zoning which is not part of comprehensive zoning or which is createdprimarily topermit advertising devices or structures shall not be recognized as validzoning for purposes ofthe Kansas highway advertising control act and the rules and regulationspromulgatedthereunder, unless there actually exists a commercial or industrial activity asdefined undersubsection (d) of K.S.A. 68-2232, and amendments thereto.
(x) "Secretary" means the secretary of transportation.
(y) "Vegetation control" means a program authorized hereunder, providingfor the controlof vegetation on state rights-of-way which shall be of benefit to the state aswell as providingassistance to sign owners. Vegetation control is recognized as part of themaintenance of thestate's highway right-of-way as it relates to safety and other highwayoperations. The secretary shall adopt policies and procedures for the creationof a vegetation control program within 12months of the effective date of this act.
History: L. 1972, ch. 251, § 2; L. 1975, ch. 33, § 10;L. 1975, ch. 427, § 219;L. 2000, ch. 44, § 1;L. 2006, ch. 141, § 1; July 1.
