As used in KRS § 177.830 to KRS § 177.890, unless the context requires otherwise:
(1) “Limited-access highway” means a road or highway or bridge constructed pursuant to the provisions of KRS § 177.220 to KRS § 177.310;
(2) “Interstate highway” means any highway, road, street, access facility, bridge, or overpass which is designated as a portion of the national system of interstate and defense highways as may be established by law, or as may be so designated by the Transportation Cabinet in the joint construction of the system by the Transportation Cabinet and the United States Department of Transportation, Bureau of Public Roads;
(3) “Federal-aid primary highway” means any highway, road, street, appurtenant facility, bridge, or overpass which is designated as a portion of the federal-aid primary highway system as may be established by law or as may be so designated by the Transportation Cabinet and the United States Department of Transportation;
(4) “Turnpike” means any road or highway or appurtenant facility constructed pursuant to the provisions of KRS § 177.390 to KRS § 177.570, or pursuant to the provisions of any other definition of “turnpike” in the Kentucky Revised Statutes, or any other highway, road, parkway, bridge, or street upon which a toll or fee is charged for the use of motor vehicular traffic;
(5) “Advertising device” means any billboard, sign, notice, poster, display, or other device, including the structure erected or used in connection with the display or device and all lighting or other attachments used in connection with the display or device, that is:
(a) Operated or owned by a person or entity who is earning compensation directly or indirectly from a third party or parties for the placement of a message on the device; and
(b) Intended to attract the attention of operators of motor vehicles on the highways;
(6) “Highway or highways” as used in KRS § 177.830 to KRS § 177.890 means limited access highway, interstate highway, federal-aid primary highway, or turnpike as defined in KRS § 177.830 to KRS § 177.890;
(7) “Commercial or industrial zone” adjacent to a federal-aid primary highway means an area zoned to permit business, commerce or trade pursuant to lawful ordinance or regulation;
(8) “Unzoned commercial or industrial area” adjacent to a federal-aid primary highway means an area which is not zoned by state or local law, regulation, or ordinance and on which either a commercial or industrial activity is conducted or a permanent structure therefor is located together with the area extending along the highway for such distances as may be determined by regulation promulgated by the secretary of the Transportation Cabinet. Each side of the highway will be considered separately in applying this definition–all measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel the edge of the pavement of the highway;
(9) “Commercial or industrial activities” for purposes of unzoned industrial and commercial areas means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:
(a) Outdoor advertising structures;
(b) Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands;
(c) Activities normally or regularly in operation less than three (3) months of the year;
(d) Transient or temporary activities;
(e) Activities not visible from the main traveled way;
(f) Activities more than 300 feet from the nearest edge of the right-of-way; (g) Activities conducted in a building principally used as a residence;
(h) Railroad tracks and minor sidings;
(10) “Urban areas” means those areas having a population of five thousand (5,000) or more which have been designated by the United States Department of Commerce, Bureau of the Census, as an urban area. A list of cities which have designated urban areas shall be maintained by the Transportation Cabinet, Division of Planning, Frankfort, Kentucky 40622. The Transportation Cabinet shall maintain maps indicating the boundaries of the designated areas. The maps shall be available from the Transportation Cabinet for a fee not to exceed five dollars ($5.00); and
(11) “Compensation” means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promises of future payments, or forbearance of debt.
Effective:March 18, 2021
History: Repealed, reenacted, and amended 2021 Ky. Acts ch. 44, sec. 1, effective
March 18, 2021. — Amended 1990 Ky. Acts ch. 398, sec. 1, effective April 9,
1990. — Amended 1976 Ky. Acts ch. 80, sec. 2, effective March 29, 1976. — Amended 1968 Ky. Acts ch. 178, sec. 1. — Amended 1966 Ky. Acts ch. 76, sec.
1. — Created 1960 Ky. Acts ch. 175, sec. 1.