Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7501 - Maintenance › Chapter 09002 - Control of Outdoor Advertising Adjacent to State Controlled Routes › DETERMINATION OF ON-PREMISE SIGNS › Section 37-1-7501-09002-1102 - Premises Test

Current through June 25, 2024
1. The following
					 shall be used for determining whether a sign, display or device is located on
					 the same premises as the activity or property advertised as required under
					 1101.1.a above.
a. The premises on which the
					 activity is conducted is determined by physical facts rather than property
					 lines. Generally, the premises is defined as the land occupied by the buildings
					 or other physical uses that are necessary or customarily incident to the
					 activity, including such open spaces as are arranged and designed to be used in
					 connection with such buildings or uses.
b. The following will not be considered to be
					 a part of the premises on which the activity is conducted, and any signs
					 located on such land will be considered off-premise advertising:
i. Any land which is not used as an integral
					 part of the principle activity. This would include, but is not limited to, land
					 which is separated from the activity by a roadway, highway, or other
					 obstruction, and not used by an extensive highway frontage contiguous to the
					 land actually used by a commercial facility, even though it might be under the
					 same ownership.
ii. Any land which
					 is used for, or devoted to, a separate purpose unrelated to the advertising
					 activity. For example, land adjacent to or adjoining a service station but
					 devoted to the raising of crops, residence or farmstead uses or other
					 commercial or industrial uses having no relationship to the service station
					 activity would not be part of the premises of the service station, even though
					 under the same ownership unless the area is part of one unified, planned
					 development, then the area may be evaluated such that an onpremise sign may
					 advertise any activity contained within the development.
iii. Any land which is (a) at some distance
					 from the principal activity, and (b) in closer proximity to the highway than
					 the principal activity, and (c) developed or used only in the area of the sign
					 site, or between the sign site and the principal activity, and (d) occupied
					 solely by structures or uses which are only incidental to the principal
					 activity, and which serve no reasonable or integrated purpose relative to the
					 activity other than an attempt to qualify the land for signing purposes.
					 Generally, said land supports facilities that include: picnic, playground or
					 camping areas, dog kennels, golf driving ranges, skeet ranges, walking paths,
					 fences, unpaved parking lots and sign maintenance sheds.
c. Narrow Strips
i. Where the sign site is located at or near
					 the end of a narrow strip contiguous to the advertised activity, the sign site
					 shall not be considered part of the premises on which the activity being
					 advertised is conducted. A narrow strip shall include any configuration of land
					 which is such that it cannot be put to any reasonable use related to the
					 activity other than signing purposes.
ii. In no event shall a sign site be
					 considered part of the premises on which the advertised activity is conducted
					 if it is located upon a narrow strip of land:
A. Which is non-buildable land, such as
					 swampland, marshland, or other wet land, or
B. Which is a common or private roadway,
					 or
C. Held by easement or other
					 lesser interest than the premises where the advertised activity is
					 located.