603 KAR 10:021 - Electronic advertising devices
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
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 .
Section
2. Exchange of Billboards for Permit.
(1) An exchange of six (6) existing
off-premise advertising devices shall be required for one (1) new off-premise
electronic advertising device permit located within the protected area of an
interstate, parkway, national highway system, or federal aid primary
highway .
(2) An exchange of five
(5) existing off-premise advertising devices shall be required for the
conversion of an existing legal static advertising device in an urban area or
an urbanized protected area to an off-premise electronic advertising
device.
(3) An off-premise
advertising device to be exchanged shall be:
(a) Situated in an unpermittable location in
a protected area ;
(b) Visible from
a scenic highway ;
(c) Currently
nonconforming as established in Section 5 of this administrative regulation or
pursuant to local regulations; or
(d) Illegal.
(4) An advertising device proposed for an
exchange for a permit shall be no less than fifty (50) square feet per
facing .
(5) An advertising device
proposed for exchange that meets the requirements of subsections (3) and (4) of
this section shall be approved by the department prior to exchange.
(6) The owner of an exchanged advertising
device shall receive credit by the department for each advertising device
removed after the effective date of this administrative regulation.
(7) If an advertising device is removed by an
owner in order to obtain a permit under this administrative regulation, but the
permit is denied by the department , the department shall credit the owner for
the removed device pending the outcome of the appeal or until a permit is filed
for another advertising device.
(8)
If the permittee voluntarily removes an advertising device and receives credit
toward a permit for an electronic advertising device, the permittee waives any
right or claim to any additional compensation from the department for that
device.
Section 3.
Off-premise Electronic Advertising Devices on Interstates and Parkways.
(1) Electronic advertising devices shall only
be erected or maintained in a protected area of an interstate or parkway that:
(a) Is zoned industrial or commercial and was
an incorporated municipality on September 21, 1959; or
(b) Was zoned commercial or industrial and
included a commercial industrial land use on September 21, 1959.
(2) An electronic advertising
device shall be no closer than fifty (50) feet to the edge of the main traveled
way or turning roadway of the interstate or parkway.
Section 4. Off-Premise Electronic Advertising
Devices on National Highway System and Federal-Aid Primary Highways. An
electronic advertising device visible from a national highway system or
federal-aid primary highway shall be erected and maintained in:
(1) A commercial or industrial zone ;
or
(2) An unzoned commercial or
industrial area with a commercial or industrial activity that is located on the
same side of the highway and within 700 feet of the activity boundary line
measured along or parallel to the pavement of the highway .
Section 5. Nonconforming Electronic
Advertising Devices.
(1) A nonconforming
electronic advertising device in a protected area shall not require a permit
and shall continue to exist if the device:
(a)
Has not been abandoned or discontinued ;
(b) Has been subjected to only routine
maintenance as established in subsection (7) of this section;
(c) Is in compliance with state law and
administrative regulations as well as local zoning, sign, or building
restrictions at permitting; and
(d)
Remains substantially the same including the structure as it was on the
effective date of the state law or administrative regulation that made the
device nonconforming.
(2) The owner of a nonconforming advertising
device shall submit biennial updates on a completed Advertising Device Biennial
Certification Form, TC Form 99-206.
(3) An incomplete or inaccurate submission
shall not be considered an update submittal.
(4) The update submittal for a nonconforming
electronic advertising device shall be submitted electronically to the
department pursuant to the following table:
|
Dept. of Highways' District # |
Submittal Year |
Submittal Period* |
|
1 & 7 |
Odd |
January 1 - April 30th |
|
2 & 4 |
Even |
January 1 - April 30th |
|
3 & 9 |
Odd |
May 1st - August 31st |
|
6 & 8 |
Even |
May 1st - August 31st |
|
5 & 11 |
Odd |
September 1st - December 31st |
|
10 & 12 |
Even |
September 1st - December 31st |
*A submittal shall be received during the submittal period to be considered.
(5) Failure
to submit an update within thirty (30) days of the deadline established in
subsection (4) of this section shall subject the owner of the nonconforming
electronic advertising device to a fine of $250 per permit pursuant to
KRS
177.990(2).
(6) A nonconforming advertising device may be
sold, leased, or transferred without affecting its status, but its location
shall not be changed. A transfer of ownership for a nonconforming advertising
device shall be submitted on a completed Advertising Device Ownership Transfer,
TC Form 99-205.
(7) An owner may
conduct routine maintenance of a nonconforming electronic advertising device.
Routine maintenance shall include:
(a) In kind
replacement of material components with a like material component;
(b) Painting of supports and
frames;
(c) Changing existing
nonstructural light fixtures for energy efficiency;
(d) Replacement of nuts, bolts, or
nails;
(e) A safety related
addition such as a catwalk that does not prolong the life of the advertising
device but provides protection for workers; and
(f) Rebuilding a destroyed advertising
device.
(8) Non routine
maintenance shall include:
(a) Enlargement of
the device;
(b) A change in the
structural support including material diameters, dimensions, or type that would
result in increased economic life such as replacement of wood posts with steel
posts or the replacement of a wood frame with a steel frame;
(c) The addition of bracing, guy wires, or
other reinforcement;
(d) A change
in the location of the structure; or
(e) A change in the direction of the
face .
(9) Non routine
maintenance on a nonconforming electronic advertising device shall constitute a
violation of this administrative regulation and action shall be taken pursuant
to Section 9 of this administrative regulation.
Section 6. On-Premise Advertising Devices.
(1) An on-premise advertising device shall
only advertise or promote the activities or products offered on the property
where the advertising device is located.
(2) An on-premise electronic advertising
device shall be erected on the property where the business is located and:
(a) Inside the activity boundary line ;
or
(b) No farther than 400 feet
from the activity boundary line .
(3) An on-premise advertising device placed
within fifty (50) feet of the activity boundary line shall not exceed the
maximum size established in
KRS
177.863(3)(a). An entrance
or exit on the property shall be considered within the activity boundary
line .
(4) An on-premise electronic
advertising device that complies with this administrative regulation shall only
be erected:
(a)
1. Within 660 feet of the right-of-way of an
interstate, parkway, national highway system, or federal-aid primary highway
both in and outside of an urban area; or
2. Outside of an urban area and beyond 660
feet of the right-of way of an interstate, parkway, national highway system, or
federal-aid primary highway ; and
(b) If the device complies with this
administrative regulation, and county or city zoning ordinances pursuant to
KRS
177.860(4).
(5) If further than fifty (50)
feet outside of the activity boundary line , an on-premise electronic
advertising device shall not exceed:
(a)
Twenty (20) feet in length, width, or height; and
(b) 150 square feet in area, including border
and trim and excluding supports.
(6) More than one (1) on-premise electronic
advertising device shall not be located at a distance greater than fifty (50)
feet outside of the activity boundary line .
(7) If taking measurements for the placement
of an on-premise electronic advertising device for an industrial park, the
service road shall be considered within the activity boundary line of the
industrial park.
(8) An on-premise
electronic advertising device erected to advertise one (1) of the businesses in
a shopping center, mall, or other combined business location shall not be
located more than fifty (50) feet outside of the activity boundary line of the
business being advertised.
(9) If
taking measurements for the placement of an on-premise electronic advertising
device for a shopping center, mall, or other combined business location, the
combined parking area shall be considered within the activity boundary
line .
(10) An on-premise static
advertising device erected for a shopping center, mall, or other combined
business location shall either:
(a) Identify a
business or businesses conducted at the location; or
(b) Include a display area used to advertise
on-premise activities.
(11) An on-premise electronic advertising
device erected for a shopping center, mall, or other combined business location
may either:
(a) Identify each of the
individual businesses conducted at the location; or
(b) Include a display area used to advertise
on-premise activities.
(12) An on-premise advertising device shall
not:
(a) Move, or have moving or animated
parts;
(b) Be erected or maintained
on a tree; or
(c) Be erected upon
or overhanging the right-of-way.
(13) An on-premise 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.
(14) An on-premise
electronic advertising device shall not affect the spacing requirements of a
device as established in
KRS
177.863(2)(d).
(15) Extensions of a facing up to fifteen
(15) percent shall be allowed on an electronic advertising device:
(a) Within fifty (50) feet of the activity
boundary line but shall not exceed the maximum size of the facing of the
advertising device as established in
KRS
177.863(3)(a); or
(b) Outside of fifty (50) feet of the
activity boundary line but shall not exceed the maximum size of the advertising
device in subsection (4)(b) of this section.
(16) An on-premise electronic advertising
device shall be in compliance with the provisions of this administrative
regulation but shall not require a permit.
Section 7. Scenic Highways and Byways.
(1) After designation of a scenic highway by
the Transportation Cabinet, additional off-premise electronic advertising
devices shall not be erected, allowed, or permitted that are visible from the
scenic highway .
(2) The sponsor of
a scenic byway application may petition the Transportation Cabinet to impose
the same administrative regulations for an electronic advertising device
located on a scenic byway as an electronic advertising device located on a
scenic highway .
(3) Only routine
maintenance shall be performed on an off-premise electronic advertising device
legally in existence on the date of the scenic highway designation.
Section 8. Permits, Renewals, and
Transfers.
(1) The requirements of this
section shall apply to off-premise electronic advertising devices on an
interstate, parkway, national highway system, or federal-aid primary
highway .
(2) With the exception of
nonconforming electronic advertising devices, a permit shall be required from
the department for a device located in a protected area .
(3) The initial permit shall be valid until
the expiration of the applicable renewal period. If the renewal period falls
within six (6) months of the initial permit issuance, the initial permit shall
be valid until the next renewal period.
(4) An application for an electronic
advertising device permit shall be made on a completed Application for
Advertising Device, TC Form 99-31.
(5) The issuance of an advertising device
permit shall be determined based on the order in which a completed application
is made to the department .
(6) A
permittee shall submit biennial renewals on a completed Advertising Device
Biennial Certification Form, TC Form 99-206. An incomplete or inaccurate
submission shall not be considered.
(7)
(a) If
submitting a biennial renewal, the permittee shall certify that the electronic
advertising device meets the permit requirements of this administrative
regulation.
(b) If the electronic
advertising device no longer meets the permit requirements of this
administrative regulation, the permittee may request a conditional renewal to
allow the permittee to become compliant with the permit requirements.
(c) If the permittee fails to become
compliant within thirty (30) days, the permit shall not be renewed.
(8) A renewal submittal for an
electronic advertising device shall be submitted electronically to the
department pursuant to the following schedule:
|
Dept. of Highways' District # |
Submittal Year |
Submittal Period* |
|
1 & 7 |
Odd |
January 1- April 30th |
|
2 & 4 |
Even |
January 1- April 30th |
|
3 & 9 |
Odd |
May 1st- August 31st |
|
6 & 8 |
Even |
May 1st- August 31st |
|
5 & 11 |
Odd |
September 1st - December 31st |
|
10 & 12 |
Even |
September 1st - December 31st |
*A submittal shall be received during the submittal period to be considered.
(9) Failure
to submit a renewal within thirty (30) days of the deadline established in
subsection (8) of this section shall subject the owner of the nonconforming
electronic advertising device to a fine of $250 per permit pursuant to
KRS
177.990(2).
(10) An electronic advertising device may be
sold, leased, or otherwise transferred without affecting its status, but its
location shall not be changed. A transfer of ownership for an electronic
advertising device shall be submitted on a completed Advertising Device
Ownership Transfer, TC Form 99-205.
(11) An application amendment for substantial
change to an approved electronic advertising device permit shall be submitted
and approved by the department prior to work being performed. Substantial
change to an advertising device shall include:
(a) Enlargement of the device;
(b) Replacement, rebuilding, or re-erection
of a device that has not been destroyed ;
(c) A change in the structural support
including material diameters, dimensions, or type that would result in
increased economic life such as replacement of wood posts with steel posts or
the replacement of a wood frame with a steel frame;
(d) A change or upgrade in the technology
related to the electronic advertising device;
(e) The addition of bracing, guy wires, or
other reinforcement;
(f) A change
in the location of the structure; or
(g) A change in the direction of the
face .
(12) The permit
for an off-premise electronic advertising device that has not been constructed
prior to the renewal date shall be cancelled.
Section 9. Notice of Violations; Appeals.
(1) The department shall notify the owner of
an electronic advertising device by certified letter that the device is in
violation of KRS Chapter 177 or this administrative regulation.
(2)
(a) An
owner aggrieved by the findings of the department may request an administrative
hearing pursuant to KRS Chapter 13B. The request shall be in writing and within
twenty (20) days of the certified letter.
(b) A request for a hearing shall thoroughly
detail the grounds upon which the hearing is requested.
(c) The hearing request shall be addressed to
the Transportation Cabinet, Office of Legal Services, 200 Mero Street,
Frankfort, Kentucky 40622.
(3) If the owner fails to request an
administrative hearing or fails to remedy the violations within thirty (30)
days, the department shall proceed to take legal action pursuant to Section 10
of this administrative regulation.
Section 10. Penalties.
(1) The owner of an electronic advertising
device who violates a provision of this administrative regulation shall be
assessed a penalty of $500 per violation pursuant to
KRS
177.990(2).
(2) The department shall deny or revoke a
permit if the permit application contains false or materially misleading
information.
Section 11.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Application for Advertising Device", TC Form 99-31, May 2013;
(b) "Advertising Device Ownership Transfer",
TC Form 99-205, December 2013;
(c)
"Advertising Device Biennial Certification Form", TC Form 99-206, December
2013;
(d) "Agreement for Carrying
Out National Policy Relative to Control of Outdoor Advertising in Areas
Adjacent to the National System of Interstate and Defense Highways and the
Federal-Aid Primary System", December 23, 1971; and
(e) The formal designation of interstates,
parkways, national highway system, and federal-aid primary highways by the
Transportation Cabinet on the cabinet's Web site at:
http://maps.kytc.ky.gov/PAFOA/.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Transportation Cabinet Building, Department of Highways, 200 Mero Street,
Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. This
material is also available on the cabinet's Web site at
http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx.
Notes
STATUTORY AUTHORITY: KRS 177.860, 23 U.S.C. 131
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