7 CSR 10-6.040 - Outdoor Advertising in Zoned and Unzoned Commercial and Industrial Areas
(2) Criteria for Determination of Zoned and
Unzoned Commercial and Industrial Areas.
(A)
Zoned Commercial and Industrial Areas. The following does not constitute a
zoned commercial or industrial area:
1. An
area or district which has been spot zoned or strip zoned for outdoor
advertising;
2. An area or district
which merely allows commercial or industrial activities as well as outdoor
advertising as an incident to the primary land use which is other than a zoned
commercial or industrial area. Examples are: agricultural, rural, unclassified,
greenbelt, buffer zoning, or other similar classifications which may allow
specified commercial or industrial land uses including outdoor advertising; and
residential and multi-family zoning classifications which may allow outdoor
advertising and specified home occupations such as barber shops, beauty shops,
kennels, repair shops, or professional offices;
3. An area or district which requires a
special use permit, special zoning classification, or variance as a condition
to the use of the area for an activity generally considered industrial or
commercial.
(B) Unzoned
Commercial and Industrial Area. In order to qualify as an unzoned commercial or
industrial area, the property on which the qualifying business is located must
satisfy the primary use test found in subsection (2)(C).
(C) Primary Use Test.
1. In General. In order for an area to
qualify as an unzoned commercial or industrial area, the primary use or
activity conducted on the property must be of a type customarily and generally
required by local comprehensive zoning authorities in Missouri to be restricted
as a primary use to areas which are zoned industrial or commercial. The fact
that an activity may be conducted for profit in the area is not determinative
of whether or not an area is an unzoned commercial or industrial area.
Activities incidental to the primary use of the property, such as a kennel or
repair shop in a building or on property which is used primarily as a
residence, do not constitute commercial or industrial activities for the
purpose of determining the primary use of an unzoned area even though income is
derived from the activity. If, however, the activity is primary and local
comprehensive zoning authorities in Missouri would customarily and generally
require the use to be restricted to a commercial or industrial area, then the
activity constitutes a commercial or industrial activity for purposes of
determining the primary use of the property even though the owner or occupant
of the land may also live on the property.
2. Visible. The purported commercial or
industrial activity must be visible from the main-traveled way by a motorist of
normal visual acuity traveling at the maximum posted speed limit on the
main-traveled way of the highway.
3. Recognizable. The purported commercial or
industrial activity must be recognizable as a commercial or industrial
enterprise as viewed from both directions of travel of the adjacent interstate
or primary highway. In addition, the activity must comply with each of the
following:
A. Structure and grounds
requirements for business or office-
(I) An
enclosed area of two hundred (200) square feet or more;
(II) Affixed on a slab, piers, or foundation
in accordance with minimum local building code requirements;
(III) Approved access from a roadway and
readily accessible by the motorist to a defined customer parking lot adjacent
to the business building;
(IV)
Normal utilities. Minimum utility service shall include: business telephone,
electricity, restroom, water service, and waste water disposal, all in
compliance with appropriate local, state, and county rules;
(V) Identified as a commercial or industrial
activity which may be accomplished by on-premises signing or outside visible
display of product;
(VI) Used
exclusively for the purported commercial or industrial activity; and
(VII) Removal of all wheels, axles, and
springs on mobile home or recreational vehicles;
B. Activity requirements. In order to be
considered a commercial or industrial activity for the purpose of outdoor
advertising regulation, the following conditions must be met:
(I) An owner or employee on the premises for
at least twenty (20) hours per week and these hours posted on the
premises;
(II) The purported
activity or enterprise maintains all local business licenses, occupancy
permits, sales tax, and other records as may be required by applicable state,
county, or local law or ordinance;
(III) A sufficient inventory of products
maintained for immediate sale or delivery to the consumer. If the product is a
service, it will be available for purchase on the premises; and
(IV) The purported activity or enterprise
will be in active operation a minimum of one hundred eighty (180) days prior to
the issuance of any outdoor advertising permit. The one hundred eighty- (180-)
day time frame begins when the business activity is in compliance with all
business requirements as set forth in sections
226.500 to
266.600, RSMo and this
rule.
(3) Permits (see
7 CSR
10-6.070 for state permit requirements).
(4) A permit may be granted for an automatic
changeable display or digital technology. To promote highway safety, automatic
changeable displays and digital technology will meet the following conditions:
(A) The static display time for each message
is a minimum of eight (8) seconds;
(B) The time to completely change from one
(1) message to the next for an automatic changeable display is a maximum of two
(2) seconds, and the time to completely change from one (1) message to the next
for digital technology is instantaneous with no discernible time gaps between
displays;
(C) The change of message
occurs simultaneously for the entire sign face;
(D) The outdoor advertising structure meets
all other requirements in sections
226.500 to
226.600, RSMo, and this rule.
Any such sign will be designed such that the sign will freeze in one (1)
position if a malfunction occurs;
(E) The image does not flash or flicker in
accordance with section
226.540(1)(A),
RSMo;
(F) The image is projected
onto a securely fixed, substantial structure and in accordance with the
provisions in sections
226.500 to
226.600, RSMo;
(G) No projected image(s) or message(s)
appears to move or be animated;
(H)
The sign luminance will not exceed three hundred (300) candelas per square
meter in full white mode between the periods of sunset to sunrise as calculated
by the United States Naval Observatory; and
(I) In accordance with section
226.541, RSMo, if allowed by
local regulations, a conforming out of standard sign may be upgraded with
digital technology provided-
1. Up to twenty
percent (20%) of the sign face, not to exceed one hundred sixty (160) square
feet of area may be upgraded with digital technology for displaying text or
numbers; or
2. More than twenty
percent (20%) of the sign face may be upgraded with digital technology only if
it maintains a distance of at least one thousand four hundred feet (1,400')
from any other such digital technology display sign in which more than twenty
percent (20%) of the sign face contains digital technology. Permit owners will
submit a written request to upgrade more than twenty percent (20%) of the sign
face with digital technology and obtain approval prior to making any changes to
the sign. Written upgrade requests will be time and date stamped upon their
receipt and priority in contested areas will be assigned in chronological
order. If granted, the approval to upgrade to digital technology will expire
twelve (12) months from the date it is issued.
(5) Reconstruction or Repair of Conforming
out of Standard Signs. Conforming out of standard signs will not be
substantially rebuilt as provided in section
226.541, RSMo. A conforming out
of standard sign that is substantially rebuilt will be considered unlawful and
any permit issued by the commission for the sign voided and the fee retained by
the commission.
(6) Moratorium of
New Outdoor Advertising Permits.
(A) A
moratorium of new outdoor advertising permits will be imposed within the
outdoor advertising control area for that section of highway scheduled for
construction where funding for right-of-way acquisition is approved by the
commission under the Statewide Transportation Improvement Program.
(B) For purposes of the moratorium,
completion of construction as used in section
226.541, RSMo, will mean when a
final inspection is performed by the commission and all construction is
determined to be completed to the satisfaction of the commission without any
requested changes or corrections.
(C) New applications for permit to erect
and/or maintain outdoor advertising will not be accepted for any phase or
portion of construction or reconstruction of any street or highway imposed by a
moratorium until said moratorium is lifted.
(7) Sign Reset Agreement Program. For the
purposes of implementing the sign reset agreement program pursuant to section
226.541, RSMo, the following
shall apply:
(A) A sign permit amendment will
be issued only to qualifying signs that are displaced within the construction
limits of any phase or portion of construction of any street or highway where
funding for right-of-way acquisition is approved by the commission under the
Statewide Transportation Improvement Program;
(B) Reset signs will be reconstructed of the
same type materials and may not exceed the square footage of the original sign
structure as it existed on the date of the Notice of the Intended
Acquisition.
Notes
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