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. (1) Definitions (see 7 CSR 10-6.015). In particular, see 7 CSR 10-6.015(25) and (28) for definitions of on-premises sign and premises, respectively.

2. (2) Criteria.

   1. (A) Size. There are no size limitations.
   2. (B) Lighting. There are no lighting limitations for on-premises signs in sections 226.500–226.600, RSMo but signs which purport to be or imitate or resemble official traffic-control devices or railroad signs or signals, or which attempt to direct the movement of traffic, or which hide from view or interfere with the effectiveness of an official traffic-control device or any railroad sign or signal are prohibited by section 304.321, RSMo.
   3. (C) Spacing. There are no spacing limitations or limitations on the number of onpremises signs per premises.
   4. (D) 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. Transportation Commission
   5. (E) 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.
   6. (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.
   7. (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.

   8. (H) Changing from On-Premises Advertising to Off-Premises Advertising.

      1. 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:

1. 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

1. B. The sign owner receives an out-

door advertising permit issued by the commission prior to changing the advertising from advertising on-premises activities to advertising off-premises activities.

1. 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.

1. (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

1. (30) days, the sign will no longer qualify as an on-premises sign and will be subject to the same conditions and requirements as offpremises 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.
2. (3) Permits. There are no state permit requirements for on-premises advertising, sections 226.530 and 226.550, RSMo.

AUTHORITY: sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* 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. *Original authority: 226.150, RSMo 1939, amended 1977 and 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2002.