On-Premises Signs

PURPOSE: This rule provides criteria for exempting from control on-premises signs authorized by section 226.520(2), RSMo consistent with federal regulations, 23 CFR 750.709, implemented under 23 U.S.C. 131(c). (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 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. (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 onpremises 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. AUTHORITY: sections 226.150, and 226.500– 226.600, RSMo 2016 and RSMo Supp. 2017.* Original rule filed Feb. 1, 1973, effective March 2, 1973. Amended: Filed Dec. 20, 1973, effective Jan. 30, 1974. Amended: Filed Sept. 19, 1974, effective Oct. 19, 1974. Rescinded and readopted: Filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed April 15, 2003, effective Nov. 30, 2003. Amended: Filed Oct. 3, 2013, effective May 30, 2014. Amended: Filed Sept. 8, 2017, effective April 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes 2016 and Supp. 2017.