KRS 177.830: Definitions for KRS 177.830 to 177.890.

As used in KRS 177.830 to 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 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 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 177.890 means limited

access highway, interstate highway, federal-aid primary highway, or turnpike as

defined in KRS 177.830 to 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.