Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 10 - Billboards › Section 603 KAR 10:021 - Electronic 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)
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 electronic
				advertising devices.
Section 1. General
			 Conditions Relating to Off-Premise Electronic Advertising Devices.
(1) An electronic advertising device visible
			 from the main travelled way on an interstate, parkway, national highway system,
			 or federal-aid primary highway shall be prohibited in a protected area unless
			 the device is located in an urban area or urbanized area.
(2) An advertising device in a protected
			 urban area shall be:
(a) A legal, but not a
			 nonconforming, static advertising device in existence or approved pursuant to a
			 permit issued within one (1) calendar year prior to the effective date of this
			 administrative regulation that is proposed for conversion to an electronic
			 advertising device;
(b) Within 660
			 feet of right-of-way; and
(c)
			 Compliant with the ordinances or regulations of a local governing body that
			 specifically regulates the erection and maintenance of electronic advertising
			 devices.
(3) An
			 electronic advertising device in an urbanized protected area shall be:
(a)
1 Within
			 660 feet of right-of-way; and
2.
			 Compliant with the ordinances or regulations of a local governing body that
			 specifically regulates the erection and maintenance of electronic advertising
			 devices; or
(b) Compliant
			 with a variance that has been granted by a local governing body such as a
			 planning and zoning commission.
(4) An off-premise electronic advertising
			 device shall not be converted to an off-premise static advertising device prior
			 to receiving a permit pursuant to
			 603 KAR
			 10:010.
(5) An electronic 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.
(6) The erection or
			 existence of an electronic 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)
			 Is erected or maintained upon a tree;
(i) Is erected upon or overhanging the
			 right-of-way;
(j) Has a facing
			 larger than 672 square feet;
(k)
			 Has more than one (1) face per facing;
(l) Is a non-billboard electronic advertising
			 device; or
(m) Is mobile,
			 temporary, or vehicular.
(7) An on-premise advertising device shall
			 not affect spacing requirements for an off-premise electronic advertising
			 device.
(8) An electronic
			 advertising device shall not contain extensions to the face.
(9) Interior angles between two (2) facings
			 of an electronic advertising device shall not exceed forty-five (45)
			 degrees.
(10) The name of the owner
			 of an electronic advertising device shall be legible from the main traveled way
			 and shall not be larger than twenty (20) square feet. The owner's name shall be
			 shown without other owner information and shall not be considered a
			 message.
(11) The message on an
			 electronic advertising device shall:
(a) Be
			 static for at least eight (8) seconds;
(b) Change from one (1) message to another in
			 less than two (2) seconds;
(c) Not
			 blink, scroll, or contain animation or video; and
(d) Be programmed to freeze in a static
			 display if a malfunction occurs.
(12) An electronic advertising device shall
			 be equipped with a sensor or other device that automatically determines the
			 ambient illumination and shall be programmed to automatically dim to a
			 luminance of 300 nits or less if the ambient light is 1.5 foot candles or
			 less.
(13) Spacing between
			 off-premise advertising devices per visible direction of travel on
			 inter-states, parkways, national highway systems, or federal-aid primary
			 highways shall be at least:
(a) 2,500 feet
			 between off-premise electronic advertising devices; or
(b) 500 feet between an off-premise
			 electronic advertising device and an off-premise static advertising
			 device.