Mo. Code Regs. Ann. tit. 7, § 10-6.015
Definitions
Effective Nov 30, 2003sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* Original rule filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed Jan. 16, 1990, effective June 11, 1990. Amended: Filed Feb. 4, 1991, effective Aug. 30, 1991. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2002Missouri Highways and Transportation Commission
PURPOSE: This rule provides definitions of terms in addition to those terms defined in section 226.510, RSMo.
- (1) Animated means the display image(s) or message(s) move or appear to have motion. 7 CSR 10-6
- (2) Area permit specialist means any one (1) of the Missouri Department of Transportation outdoor advertising area permit specialists.
- (3) Back-to-back sign, double-faced sign or V-type sign is a sign with two (2) sides each of which can be read from opposite directions of the same roadway, with not more than two
- (2) faces to each side, and not more than two
- (2) display areas to each facing. The faces must be physically contiguous, or connected by the same structure or cross-bracing or located not more than fifteen feet (15') apart at their nearest point. The total display area for each side must not exceed eight hundred
- (800) square feet.
- (4) Changed conditions means a change in facts or local ordinance, such as but not limited to, discontinuance of a commercial or industrial activity, decrease in the limits of an urban area, reclassification of a secondary highway to interstate or federal aid primary or National Highway System (NHS) highway status, upgrading of an urban primary highway to freeway status or amendment of a comprehensive local zoning ordinance from commercial to residential or the like.
- (5) Chief engineer means the chief engineer of the Missouri Department of Transportation or his or her designated representative.
- (6) Commercial or industrial activities are defined in section 226.540(5), RSMo.
- (7) Commission means the Missouri Highways and Transportation Commission.
- (8) Department means the Missouri Department of Transportation.
- (9) Directional and other official signs means only official signs and notices, public utility signs, service club and religious notices, public service signs and directional signs.
- (10) Director of transportation means the director of transportation of the Missouri Department of Transportation, appointed by the Missouri Highways and Transportation Commission under section 226.040, RSMo, or the director of transportation’s authorized representative.
- (11) Display means a single graphic design which advertises goods, services or businesses.
- (12) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish.
- (13) Exempt billboard means a billboard erected by those organizations that are required to be permitted and are exempt from paying any fees. These organizations include religious, service, fraternal and veteran organizations.
- (14) Federal or state law means a federal or state constitutional provision or statute or an ordinance or rule enacted or adopted by Missouri or a federal agency or a political subdivision in Missouri pursuant to a federal or state constitution or statute.
- (15) Flashing means emitting a series of sudden and transient outburst of light.
- (16) Highway means any existing highway or a roadway project for which the Missouri Highways and Transportation Commission has authorized the purchase of right-of-way.
- (17) Intermittent means occurring at intervals.
- (18) Landmark signs means outdoor advertising determined by agreement between the commission and the secretary of transportation to have been lawfully in existence on October 22, 1965, and to be of historical or artistic significance under section 226.545, RSMo.
- (19) Lawful means lawfully erected and in compliance with all other legal requirements including, but not limited to, permit requirements, payment of biennial inspection fees and in the case of nonconforming signs, the requirements of 7 CSR 10-6.060(3).
- (20) Lawfully erected means erected prior to January 1, 1968 or erected after January 1, 1968, in compliance with the sizing, lighting, spacing, location, permit and all other requirements of sections 226.500–226.600, RSMo as provided by those sections at the erection date of the sign; or erected after January 1, 1968, and before March 30, 1972, in compliance with the sizing, lighting, spacing and location requirements in effect at the time of erection, but for which a permit was not obtained prior to March 30, 1972.
- (21) Local means a specific district, county, township, or municipality responsible for issuing business licenses so that the owner or their assigns can engage in lawful sales or service.
- (22) Maintain means allow to exist.
- (23) Main-traveled way means the through traffic lanes of the highway, exclusive of frontage roads, outer roads, auxiliary lanes, ramps and all shoulders.
- (24) Nonconforming sign or nonconforming outdoor advertising means a sign which was lawfully erected but which does not conform to the requirements of state statutes enacted at a later date or which later fails to comply with state statutes due to changed conditions.
- (25) On-premises sign is limited to outdoor advertising which advertises—the sale or lease of the property upon which it is located, the name of the establishment or activity located upon the premises upon which it is located, or the principal or accessory products or services offered by the establishment or activity upon the premises upon which it is located.
- (26) Outdoor advertising permit informal review committee consists of the director of operations, director of project development, and the right-of-way director or their designees.
- (27) Parkland means any publicly-owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site.
- (28) Premises is limited to improvements, buildings, parking lots, landscaping, storage or processing areas as well as any other contiguous land actually used in connection with the premises or for access.
- (29) Readily accessible access means easy and convenient availability without obstruction and is maintained adjacent to an official roadway designated by a state, county or local authority and can be traversed by a regular passenger vehicle.
- (30) Regular intervals means hours of operation posted and occurring uniformly on a regular basis.
- (31) Scenic area means any area of particular scenic beauty or historic significance as determined by the federal, state or local officials having jurisdiction of the area and includes interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty (see 7 CSR 10- 6.020).
- (32) Secretary of transportation means the United States Secretary of Transportation.
- (33) Sign means outdoor advertising as defined by section 226.510(3), RSMo. Transportation Commission
- (34) Spot zoning for outdoor advertising or strip zoning for outdoor advertising means an amendment, variance or exception to the comprehensive local zoning ordinance classifying or zoning a parcel of land as commercial, industrial or suitable for outdoor advertising, out of harmony with the zoning classification or uses of surrounding land as determined by the chief engineer.
- (35) Stacked sign means a sign with one or more displays placed one above another on a single structure.
- (36) State means the state of Missouri.
- (37) Unlawful signs or unlawful outdoor advertising are those identified as unlawful in sections 226.580.1 and 226.580.2, RSMo and 7 CSR 10-6.080(2), and nonconforming signs which have failed to comply with the requirements of 7 CSR 10-6.060(3).
- (38) Unzoned area means an area where there is no comprehensive zoning regulation. It does not include areas which have rural zoning classifications, land uses established by zoning variances or special exceptions under comprehensive local zoning ordinances.
- (39) Unzoned commercial or industrial areas or unzoned commercial or industrial land is defined by sections 226.540(4) and 226.540(5), RSMo and 7 CSR 10- 6.040(2)(B).
- (40) Urban area is defined in section 226.510(6), RSMo.
- (41) Visible means capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity. A person or normal visual acuity is any person licensed by Missouri to operate a motor vehicle upon the highways of this state.
- (42) Zoned commercial or industrial areas are areas which are zoned industrial, commercial or the like per section 226.540(5), RSMo and which meet the requirements of 7 CSR 10-6.040(2)(C).
AUTHORITY: sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* Original rule filed May 16, 1977, effective Oct. 15, 1977. Amended: Filed Jan. 16, 1990, effective June 11, 1990. Amended: Filed Feb. 4, 1991, effective Aug. 30, 1991. Amended: Filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2002.