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 10-6.030 - On-Premises Signs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary
				  restrictive language.
(1)
				Definitions (see
				7 CSR 10-6.015 ).
(2) Criteria. Pursuant to section
				226.520(2),
				RSMo, on-premises signs are exempt from the
				control of outdoor advertising.
(A) Strips.
				Land connected to the main portion of the premises by a thin strip of land
				either owned or leased by the owner of the premises or sign owner is not
				considered part of the premises unless the strip of land is actually used in
				connection with or for access to the establishment or activity being
				advertised. If the strip size is sufficient only for outdoor advertising or is
				used only for outdoor advertising, the strip does not qualify as a part of the
				premises.
(B) Intervening Land Use.
				Signs on land separated from the advertised establishment, activity, or
				property by an intervening land use such as a highway, another unrelated
				commercial activity, a residence or an agricultural activity do not qualify as
				on-premises signs.
(C) Products and
				Services Not Offered Upon Premises. A sign which advertises in a prominent
				manner, as determined by the department's authorized representative, a product
				or service not offered upon the premises upon which the sign is located in
				addition to a product or service which is offered upon the premises upon which
				the sign is located, does not qualify as an onpremises sign. A sale or lease
				sign which also advertises any product or service not offered upon the premises
				and which is unrelated to the activity conducted on the premises or selling or
				leasing the land on which the sign is located does not qualify as an
				on-premises sign.
(D) Changing from
				On-Premises Advertising to Off-Premises Advertising
1. An outdoor advertising sign may be
				converted from advertising on-premises goods and services to advertising
				off-premises goods and services so long as:
A. The sign meets all requirements for
				lawful, conforming outdoor advertising signs in effect at the time the
				advertising changes from advertising on-premises activities to advertising
				off-premises activities; and
B. The
				sign owner receives an outdoor advertising permit issued by the commission
				prior to changing the advertising from advertising on-premises activities to
				advertising off-premises activities.
2. For purposes of outdoor advertising
				control, the date of erection of the outdoor advertising is the date the sign
				changes from advertising on-premises goods and services to off-premises goods
				and services.
(E)
				Cessation of On-Premises Activity. To promote highway safety, upon the
				cessation or termination of a business activity within the regulated area along
				the primary and interstate highway system, the sign owner has thirty (30) days
				to remove on-premises advertising. After thirty (30) days, the sign will no
				longer qualify as an on-premises sign and will be subject to the same
				conditions and requirements as off-premises outdoor advertising signs. The
				cessation or termination of a business activity does not constitute a changed
				condition so as to render an on-premises sign a nonconforming outdoor
				advertising sign.
(F) Rental
				Income. A sign which produces rental income for the owner or lessee of the
				premises, which consists principally of brand name or trade name advertising
				and which only incidentally advertises the principal or accessory products or
				services offered upon the premises upon which it is located does not qualify as
				an on-premises sign.
(G) Products
				and Services Not Offered Upon Premises. A sign which advertises in a prominent
				manner, as determined by the chief engineer, a product or service not offered
				upon the premises upon which the sign is located in addition to a product or
				service which is offered upon the premises upon which the sign is located, does
				not qualify as an on-premises sign. A sale or lease sign which also advertises
				any product or service not offered upon the premises and which is unrelated to
				the activity conducted on the premises or selling or leasing the land on which
				the sign is located does not qualify as an on-premises sign.
(H) Changing from On-Premises Advertising to
				Off-Premises Advertising.
1. An outdoor
				advertising sign may be converted from advertising on-premises goods and
				services to advertising off-premises goods and services so long as:
A. The sign meets all requirements of law for
				legal, conforming outdoor advertising signs in effect at the time the
				advertising changes from advertising on-premises activities to advertising
				off-premises activities; and
B. The
				sign owner receives an outdoor advertising permit issued by the commission
				prior to changing the advertising from advertising on-premises activities to
				advertising off-premises activities.
2. For purposes of outdoor advertising
				control, the date of erection of the outdoor advertising is the date the sign
				changes from advertising on-premises goods and services to off-premises goods
				and services.
(I)
				Cessation of On-Premises Activity. Upon the cessation or termination of a
				business activity within the regulated area along the primary and interstate
				highway system, the sign owner shall have thirty (30) days to remove
				on-premises advertising. After thirty (30) days, the sign will no longer
				qualify as an on-premises sign and will be subject to the same conditions and
				requirements as off-premises outdoor advertising signs. The cessation or
				termination of a business activity does not constitute a changed condition so
				as to render an on-premises sign a nonconforming outdoor advertising
				sign.