2006 Kansas Code - 68-2232

      68-2232.   Definitions. 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 660 feet of the nearest edge of the right-of-way on any interstate or primary highway, which distance shall be measured horizontally along a line perpendicular to, or at an angle of 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 highway, 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 generally 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 activities, 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 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 establish, but it shall not include any of the foregoing activities when performed 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 amendments thereto.

      (i)   "Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the secretary of transportation and approved by the appropriate authority 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 frontage roads, turning roadways or parking areas.

      (l)   "Maintain" means to allow to exist.

      (m)   "Primary highway" means any highway, other than an interstate highway, 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 amendments thereto.

      (o)   "Safety rest area" means an area or site established and maintained 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 or more permanent structures devoted to a commercial or industrial activity, or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 600 feet from and beyond the edge of such activity on both sides of the highway 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 commercial or industrial area, nor shall it include land on the opposite side of any other primary highway, which land is deemed scenic by an appropriate agency of the state. All measurement of distances 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 500 feet of any of the following: Public park, garden, recreation area or forest preserve; church; school; any public museum or historical monument; any safety rest or recreation area which is publicly owned, controlled 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 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 person 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.

      History:   L. 1972, ch. 251, § 2; L. 1975, ch. 33, § 10; L. 1975, ch. 427, § 219; L. 2000, ch. 44, § 1; July 1.