Session of 2000
Effective: July 1, 2000

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.