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
Universal Citation: 7 MO Code of State Regs 10-6.030
Current through Register Vol. 49, No. 18, September 16, 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.
(3) Permits. There are no state permit requirements for on-premises advertising, sections 226.530 and 226.550, RSMo.
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