On-Premises Devices

(1) General. (a) On-premises devices are not subject to the zoning, size, lighting, or spacing regulations set out in Rule 1680-06-03.-03 or to the permitting requirements established in Rule 1680-06-03-.04. However, on-premises devices located along a designated scenic highway or parkway are subject to additional size and spacing restrictions as provided in T.C.A. §§ 54-17-108 – 109 and §§ 54-17-205 – 54-17-206. (b) To qualify as an on-premises device, a sign must meet the following requirements, as provided in the definitions set out in Rule 1680-06-03-.02, and as further detailed in paragraphs (2) and (3), below: 1. The sign must be located: (i) Within fifty feet (50’) of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign; or (ii) Within fifty feet (50’) of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and, provided that: (iii) For the purpose of applying this rule, the facility on or next to which an on- premises device is located must be: (I) A commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas, except that CONTROL OF OUTDOOR ADVERTISING CHAPTER 1680-06-03 (II) An activity conducted in a temporary structure or a structure operated only on a seasonal basis may be considered a facility for the purpose of allowing an on-premises device to be located on the same property, but the device is only allowed on a temporary basis during the period the facility is actually conducting activity; and 2. The owner or operator of the sign or the facility must not be receiving or intend to receive compensation from a third party or parties for the placement of a message or messages on the sign. (2) Premises Test. To qualify as an on-premises device, a sign must be on, or within fifty feet (50’) of, the premises of the facility (i.e., the building or defined physical space, which may include a structure other than a building, together with any adjacent parking area), where the activities of the facility are conducted. The following criteria shall be used in determining whether a device is located on the premises of the facility: (a) The premises on which an activity is conducted is determined by physical facts rather than property lines. Generally, it is defined as the land occupied by the buildings or other physical uses essential to the activity, including such areas as are arranged and designed to be used in connection with such buildings or uses. (b) The following will not be considered a part of the premises on which the activity is conducted, and any signs located on such land will be considered “off-premises” signs: 1. Any land that is not used as an integral part of the principal activity. This includes, but is not limited to, land that is separated from the activity by a roadway, highway, or other obstructions and not used to conduct the activity or land consisting of extensive undeveloped highway frontage not actually used by the facility to conduct the activity even though the land might be under the same ownership; 2. Any land that is used for, or devoted to, a separate purpose unrelated to the principal activity. For example, land adjacent to or adjoining a service station, but devoted to raising of crops, a residence, or farmstead uses or other than commercial or industrial uses having no relationship to the service station activity would not be part of the premises of the service station, even though under the same ownership; or 3. Any land that is: (i) At some distance from the principal activity, and (ii) In closer proximity to the highway than the principal activity, and (iii) Developed or used only in the area of the sign site or between the sign site and the principal activity, and (iv) Occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land for on-premises signing purposes. Generally, these will be facilities such as picnic, playground, or camping areas, dog kennels, golf driving ranges, skeet ranges, common or private roadways or easements, walking paths, fences, and sign maintenance sheds. CONTROL OF OUTDOOR ADVERTISING CHAPTER 1680-06-03 (c) Narrow Strips. Where the sign site is located at or near the end of a narrow strip contiguous to the activity, the sign site shall not be considered part of the premises of the facility. A narrow strip shall include any configurations of land that cannot be put to any reasonable use related to the activity other than for signing purposes. In no event shall a sign site be considered part of the premises on which the activity is conducted if it is located upon a narrow strip of land: 1. Which is non-building land, such as swamp land, marsh land, or other wet land, or 2. Which is a common or private roadway, or 3. Held by easement or other lesser interest than the premises where the activity is located. Note: On-premises devices may extend up to fifty feet (50’) feet from the principal activity as set forth above unless the area extends across a roadway. (d) See illustration in Rule 1680-06-03-.09, Appendix, for further description of the location requirements for an on-premises device. (3) Business of Outdoor Advertising. (a) A sign shall not be considered an on-premises device, notwithstanding the location of the sign, and shall be considered an outdoor advertising device, if it is operated to earn compensation directly or indirectly from a third party or parties for the placement of a message on the sign. (b) In the case of a property on which two (2) or more facilities are located, a sign located at the entrance of the property, as provided in subpart (1)(b)1.(ii) of this rule, will not be considered an outdoor advertising device operated to earn compensation directly or indirectly from a third party for the placement of a message on the sign so long as: 1. The owner or operator of the sign does not receive compensation for the display of a message from any person other than a facility that is located on the same property; and 2. The facility located on the property does not receive compensation from any other person for the display of a message on the sign located on the same property.