Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 6 - Outdoor Advertising › Section 7 CSR 10-6.015 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides definitions of terms in
				  addition to those terms defined in section
				  226.510,
				  RSMo.
(1) Animated means the
				display image(s) or message(s) moves or appears to have motion.
(2) Automatic changeable display means a
				display with the capability of content changes by means of mechanical or
				electronic input.
(3) Back-to-back
				sign, double-faced sign, or V-type sign is a sign with two (2) sides each of
				which can be read from opposite directions of the same roadway, with not more
				than two (2) faces to each side, and not more than two (2) display areas to
				each facing. The faces must be physically contiguous, connected by the same
				structure or cross-bracing or located not more than fifteen feet (15') apart at
				their nearest point.
(4) Changed
				conditions mean a change in facts or local ordinance, such as but not limited
				to, discontinuance of a commercial or industrial activity, decrease in the
				limits of an urban area, reclassification of a secondary highway to interstate
				or federal aid primary or National Highway System (NHS) highway status,
				upgrading of an urban primary highway to freeway status or amendment of a
				comprehensive local zoning ordinance from commercial to residential or the
				like.
(5) Commercial or industrial
				activities are defined in section
				226.540(5)
				and (6), RSMo.
(6) Commission means the Missouri Highways
				and Transportation Commission.
(7)
				Department means the Missouri Department of Transportation.
(8) Digital technology means display of a
				message by manipulation of light projected onto a screen or otherwise produced
				within the screen including displays using light emitting diode (LED)
				technology, plasma technology, or any industry equivalent that produces the
				same result as these technologies.
(9) Display means a single graphic design
				which advertises goods, services, or businesses.
(10) Erect means to construct, build, raise,
				assemble, place, affix, attach, create, paint, draw, or in any other way bring
				into being or establish.
(11)
				Flashing means emitting a series of sudden and transient outbursts of
				light.
(12) Highway means any
				existing highway or a roadway project for which the Missouri Highways and
				Transportation Commission has authorized the purchase of
				right-of-way.
(13) Intermittent
				means occurring at intervals.
(14)
				Lawful means lawfully erected and in compliance with all other legal
				requirements including, but not limited to, permit requirements, payment of
				biennial inspection fees, and in the case of nonconforming signs, the
				requirements of
				7 CSR
				10-6.060(3).
(15) Lawfully erected means erected prior to
				January 1, 1968 or erected after January 1, 1968, in compliance with the
				sizing, lighting, spacing, location, permit, and all other requirements of
				sections 226.500-226.600, RSMo as provided by those sections at the erection
				date of the sign; or erected after January 1, 1968, and before March 30, 1972,
				in compliance with the sizing, lighting, spacing, and location requirements in
				effect at the time of erection, but for which a permit was not obtained prior
				to March 30, 1972.
(16) Maintain
				means allow to exist.
(17)
				Main-traveled way means the through traffic lanes of the highway.
(18) Nonconforming sign or nonconforming
				outdoor advertising means a sign which was lawfully erected but which does not
				conform to the requirements of state statutes enacted at a later date or which
				later fails to comply with state statutes due to changed conditions.
(19) On-premises sign is limited to outdoor
				advertising which advertises-the sale or lease of the property upon which it is
				located, the name of the establishment or activity located upon the premises
				upon which it is located, or the principal or accessory products or services
				offered by the establishment or activity upon the premises upon which it is
				located.
(20) Parkland means any
				publicly-owned land which is designated or used as a public park, recreation
				area, wildlife or waterfowl refuge, or historic site.
(21) Premises is limited to improvements,
				buildings, parking lots, landscaping, storage, or processing areas as well as
				any other contiguous land actually used in connection with the premises or for
				access.
(22) Scenic area means any
				area of particular scenic beauty or historic significance as determined by the
				federal, state, or local officials having jurisdiction of the area and includes
				interests in land which have been acquired for the restoration, preservation,
				and enhancement of scenic beauty .
(23) Sign means outdoor advertising as
				defined by section
				226.510(3),
				RSMo.
(24) Spot zoning for outdoor
				advertising or strip zoning for outdoor advertising means an amendment,
				variance, or exception to the comprehensive local zoning ordinance classifying
				or zoning a parcel of land as commercial, industrial, or suitable for outdoor
				advertising, out of harmony with the zoning classification or uses of
				surrounding land as determined by the department's authorized
				representative.
(25) Stacked sign
				means a sign with one (1) or more displays placed one (1) above another on a
				single structure.
(26) Support
				pole(s) means the upright support(s) to which the face is attached exclusive of
				bracing mechanism.
(27) Unlawful
				signs or unlawful outdoor advertising are those identified as unlawful in
				sections 226.580.1 and
				226.580.2,
				RSMo,
				7
				CSR 10-6.040(5), and
				7
				CSR 10-6.080(2), and nonconforming
				signs which have failed to comply with the requirements of
				7 CSR
				10-6.060(3).
(28) Unzoned area means an area where there
				is no comprehensive zoning regulation. It does not include areas which have
				rural zoning classifications, land uses established by zoning variances or
				special exceptions under comprehensive local zoning ordinances.
(29) Unzoned commercial or industrial areas
				or unzoned commercial or industrial land is defined by sections
				226.540(4)
				and 226.540(5), RSMo and
				7
				CSR 10-6.040(2)(B).
(30) Visible means capable of being seen,
				whether or not legible, without visual aid by a person of normal visual acuity.
				A person of normal visual acuity is any person licensed by Missouri to operate
				a motor vehicle upon the highways of this state.
(31) Zoned commercial or industrial areas are
				areas which are zoned industrial, commercial, or the like per section
				226.540(5),
				RSMo and which meet the requirements of
				7
				CSR 10-6.040(2)(C).