Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 10 - Billboards › Section 603 KAR 10:010 - Static advertising devices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 177.572-177.576, 177.830-177.890,
				177.990(2),
				23 U.S.C.
				131, 23 C.F.R. Part 750
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 establishes the standards for on-premise and off-premise static
				advertising devices.
Section 1. General
			 Conditions Relating to Off-Premise Static Advertising Devices.
(1) A static advertising device shall not be
			 converted to an electronic advertising device prior to receiving a permit
			 pursuant to
			 603 KAR
			 10:021.
(2) A static advertising device within 660
			 feet of the right-of-way shall be prohibited unless the device:
(a) Is not visible from the main travelled
			 way of an interstate, parkway, national highway system, or federal-aid primary
			 highway; or
(b) Complies with
			 applicable zoning ordinances and regulations of a county or city.
(3) A static advertising device
			 that is visible from more than one (1) interstate, parkway, national highway
			 system, or federal-aid primary highway shall meet the requirements for each
			 highway independently.
(4) The
			 erection or existence of a static advertising device shall be prohibited in a
			 protected area if the device:
(a) Advertises
			 an activity that is prohibited by law;
(b) Is abandoned or discontinued;
(c) Is not clean and in good
			 repair;
(d) Is not securely affixed
			 to a substantial structure permanently attached to the ground;
(e) Directs the movement of
			 traffic;
(f) Interferes with,
			 imitates, or resembles an official traffic sign, signal, or traffic control
			 device;
(g) Prevents the driver of
			 a vehicle from having a clear and unobstructed view of an official sign or
			 approaching or merging traffic;
(h)
			 Includes or is illuminated by flashing, intermittent, or moving lights;
(i) Uses lighting, unless the
			 lighting is:
1. Effectively shielded to
			 prevent a beam of light from being directed at the main traveled way of the
			 interstate, parkway, national highway system, or federal-aid primary
			 highway;
2. Of low intensity that
			 shall not cause glare or impair the vision of a driver or interfere with the
			 operation of a motor vehicle; or
3.
			 Of a luminance less than 300 nits;
(j) Is erected or maintained upon a
			 tree;
(k) Is painted or drawn on
			 rocks or another natural feature;
(l) Is erected upon or overhanging the
			 right-of-way; or
(m) Is mobile,
			 temporary, or vehicular.
(5)
(a) A
			 static advertising device shall not exceed the maximum size established in
			 KRS
			 177.863(3)(a) and may
			 contain up to two (2) advertisements per facing pursuant to
			 KRS
			 177.863(3)(b).
(b) A static advertising device that has more
			 than two (2) faces shall not have an interior angle between two (2) facings
			 larger than forty-five (45) degrees.
(c) A static advertising device may contain
			 extensions up to fifteen (15) percent of the face of the advertising device but
			 shall not exceed the maximum size of the facing of the device established in
			 KRS
			 177.863(3)(a).
(6) An on-premise advertising
			 device shall not affect spacing requirements for an off-premise static
			 advertising device.
(7) Static
			 advertising devices that are no more than fifteen (15) feet apart at the
			 nearest point between the devices and have the same ownership shall be counted
			 as a single device.
(8) A static
			 advertising device that utilizes lighting to illuminate the advertising device
			 shall use white lights.
(9) The
			 name of the owner of a static advertising device shall:
(a) Be legible from the main traveled
			 way;
(b) Not be larger than twenty
			 (20) square feet;
(c) Be shown
			 without other owner information; and
(d) Not be considered an
			 advertisement.
(10) To
			 establish a protected area, the distance from the edge of a state-owned
			 right-of-way shall be measured horizontally and at a right angle to the
			 centerline of the interstate, parkway, national highway system, or federal-aid
			 primary highway for a distance of 660 feet.