CHAPTER 44
HOUSE BILL No. 2745
An Act concerning highways; relating to the highway advertising
control act; amending
K.S.A. 68-2232 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 68-2232 is hereby
amended to read as follows: 68-
2232. As used in this act the following words and phrases shall
have the
meanings respectively ascribed to them herein: (a) ``Adjacent
area'' means
an area which is adjacent to and within six hundred sixty
(660) 660 feet
of the nearest edge of the right-of-way on any interstate or
primary high-
way, which distance shall be measured horizontally along a line
perpen-
dicular to, or at an angle of ninety (90)
90 degrees to, the center line of
the highway.
(b) ``Business area'' means any part of
an adjacent area, except areas
adjacent to scenic byways, designated by the secretary of
transportation,
which is at any time:
(1) Zoned for industrial or commercial
activities under the authority
of any law or by a local zoning authority; or
(2) not so zoned, but which constitutes
an unzoned commercial or
industrial area as herein defined.
(c) ``Center line of the highway'' means
a line equidistant from the
edges of the median separating the main traveled ways on a divided
high-
way, or the center line of the main traveled way on a nondivided
highway.
(d) ``Commercial or industrial
activities'' means, for the purpose of
establishing unzoned commercial or industrial areas, those
activities gen-
erally recognized as commercial or industrial by local zoning
authorities
in this state, but excludes the following activities:
(1) Outdoor advertising structures;
(2) agricultural, forestry, ranching,
grazing, farming and related ac-
tivities, including, but not limited to, wayside fresh produce
stands;
(3) transient or temporary
activities;
(4) activities not visible from the main
traveled way;
(5) activities more than six
hundred sixty (660) 660 feet from the
nearest edge of a highway right-of-way;
(6) activities conducted in a building
principally used as a residence;
and
(7) railroad tracks and minor
sidings.
(e) ``Commission'' means the secretary of
transportation.
(f) ``Erect'' means to construct, build,
raise, assemble, place, affix,
attach, create, paint, draw or in any other way bring into being or
estab-
lish;, but it shall not include any of the
foregoing activities when per-
formed as an incident to the change of advertising message or
customary
maintenance or repair of a sign structure.
(g) ``Freeway'' means any primary highway
which is either:
(1) A controlled-access highway, as
defined by K.S.A. 8-1410, and
amendments thereto;
(2) a controlled access facility
constructed pursuant to K.S.A. 68-1901
et seq., and amendments thereto; or
(3) a modern express highway or freeway
constructed pursuant to
K.S.A. 68-2301, and amendments thereto.
(h) ``Highway'' means a highway as
defined by K.S.A. 8-1424, and any
amendments thereto.
(i) ``Interstate highway'' means any
highway at any time officially des-
ignated as a part of the national system of interstate and defense
highways
by the secretary of transportation and approved by the appropriate
au-
thority of the federal government.
(j) ``Local zoning authority'' means an
incorporated city or a county
which is authorized by law to zone areas within its jurisdiction
and which
has an active zoning authority.
(k) ``Main traveled way'' means the
traveled way of a highway on
which through traffic is carried. On a divided highway, the
traveled way
of each of the separate roadways for traffic in opposite directions
is a
main traveled way, but said term does not include such facilities
as front-
age roads, turning roadways or parking areas.
(l) ``Maintain'' means to allow to
exist.
(m) ``Primary highway'' means any
highway, other than an interstate
highway, at any time officially designated as a part of the
federal aid
primary system by the commission and approved by the
appropriate au-
thority of the federal government that was part
of the federal-aid primary
system in existence on June 1, 1991, and any highway which is
not on
such system but which is on the national highway system.
(n) ``Roadway'' means a roadway as
defined by K.S.A. 8-1459, and
any amendments thereto.
(o) ``Safety rest area'' means an area or
site established and main-
tained within or adjacent to the highway right-of-way, which area
is under
public supervision or control and for the convenience of the
traveling
public.
(p) ``Sign'' or ``outdoor advertising''
means any outdoor sign, display,
device, notice, bulletin, figure, painting, drawing, message,
placard,
poster, billboard or other thing which is designed, intended or
used to
advertise or inform, any part of the advertising or informative
contents of
which is located within an adjacent area, and is visible from any
place on
the main traveled way or any portion of an interstate or primary
highway.
(q) ``Traveled way'' means the portion of
a roadway for the movement
of vehicles, exclusive of shoulders and auxiliary lanes.
(r) ``Unzoned commercial or industrial
area'' means an area which is
not zoned by state or local law, ordinance or resolution, and on
which
there is located one (1) or more permanent
structures devoted to a com-
mercial or industrial activity, or on which a commercial or
industrial ac-
tivity is actually conducted, whether or not a permanent structure
is lo-
cated thereon, and the area along the highway extending outward
six
hundred (600) 600 feet from and beyond the
edge of such activity on
both sides of the highway:
Provided, except that the unzoned
area shall
not include land on the opposite side of a freeway or interstate
highway
from the commercial or industrial activity establishing the unzoned
com-
mercial or industrial area, nor shall it include land on the
opposite side
of any other primary highway, which land is deemed scenic by an
appro-
priate agency of the state. All measurement of distances
hereunder shall
be from the outer edges of the regularly used buildings, parking
lots,
storage or processing areas of the commercial or industrial
activities, not
from the property lines of the activities, and shall be along or
parallel to
the edge of the highway pavement.
Such term shall not include any area which is
within five hundred (500)
500 feet of any of the following: Public park, garden,
recreation area or
forest preserve; church; school; any public museum or historical
monu-
ment; any safety rest or recreation area which is publicly owned,
con-
trolled and maintained pursuant to section 319 of title 23 of the
United
States code; or any sanitary or other facility for the
accommodation of the
motorist which is publicly owned, controlled and maintained
pursuant to
section 319 of title 23 of the United States code. Nor shall such
term
include any area which is within five hundred
(500) 500 feet of any strip
of land, an interest in which has been acquired by the state of
Kansas for
the restoration, preservation or enhancement of scenic beauty, and
which
is publicly controlled and maintained pursuant to section 319 of
title 23
of the United States code.
(s) ``Visible'' means capable of being
seen without visual aid by a per-
son of normal visual acuity.
(t) ``Zoned commercial or industrial
areas'' means those areas which
are zoned for business, industry, commerce or trade pursuant to a
state
or local zoning ordinance or resolution.
(u) ``Secretary'' means the secretary of
transportation.
Sec. 2. K.S.A. 68-2232 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 31, 2000.
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