PURPOSE: This rule supplements the requirements for erection and maintenance of outdoor advertising in zoned and unzoned commercial and industrial areas authorized by sections 226.520(3) and 226.520(4), RSMo.

1. (1) Definitions (see 7 CSR 10-6.015).

2. (2) Criteria for Determination of Zoned and Unzoned Commercial and Industrial Areas.

   1. (A) Zoned Commercial and Industrial Areas. The following does not constitute zoned commercial or industrial area:

      1. 1. An area or district which has been

spot zoned or strip zoned for outdoor advertising;

1. 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;

1. 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; and

1. 4. An area that is not within seven hun-

dred fifty feet (750') of one or more permanent commercial or industrial activities as defined in section 226.540(6), RSMo.

1. (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).

2. (C) Primary Use Test.

   1. 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.

1. 2. Visible. The purported commercial or

industrial activity must be visible from the main-traveled way within the boundaries of that unzoned commercial or industrial area by a motorist of normal visual acuity traveling at the maximum posted speed limit on the maintraveled way of the highway. Visibility will be determined at the time of the field inspection by the department’s authorized representative.

1. 3. Recognizable. The purported com-

mercial 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:

1. A. Structure and grounds require-

ments—

1. (I) Area. Any structure to be used

as a business or office must have an enclosed 7 CSR 10-6

area of two hundred (200) square feet or more;

1. (II) Foundation. Any structure to

be used as a business or office must be affixed on a slab, piers or foundation;

1. (III) Access. Any structure to be

used as a business or office must have approved access from a roadway and readily accessible by the motorist to a defined customer parking lot adjacent to business building;

1. (IV) Utilities. Any structure to be

used as a business or office must have normal utilities. Minimum utility service shall include: business telephone, electricity, water service and waste water disposal, all in compliance with appropriate local, state and county rules. Should a state, county or local rule not exist, compliance with minimum utility service shall be determined at the time of field inspection by the department’s authorized representative;

1. (V) Identification. The purported

enterprise must be identified as a commercial or industrial activity which may be accomplished by on-premises signing or outside visible display of product;

1. (VI) Use. Any structure to be used

as a business or office must be used exclusively for the purported commercial or industrial activity; and

1. (VII) Limits. Limits of the business

activity shall be in accordance with section 226.540(4), RSMo;

1. 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:

1. (I) An owner or employee must be

on the premises for at least twenty (20) hours per week and these hours must be posted on the premises;

1. (II) The purported activity or enter-

prise shall maintain all local business licenses, occupancy permits, sales tax and other records as may be required by applicable state, county or local law or ordinance;

1. (III) A sufficient inventory of prod-

ucts must be maintained for immediate sale or delivery to the consumer. If the product is a service, it must be available for purchase on the premises; and

1. (IV) The purported activity or

enterprise must 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; and

1. C. Where a mobile home or recre-

ational vehicle is used as a business or office, the following conditions and requirements also apply:

1. (I) Self-propelled vehicles will not

quality for use as a business or office for the purpose of these rules:

1. (II) All wheels; axles and springs

must be removed;

1. (III) The vehicle must be perma-

nently secured on piers, pad or foundations;

1. (IV) The vehicle must be tied down

in accordance with minimum code requirements. If no code, the vehicle must be affixed to piers, pad or foundation; and

1. (V) Any structure to be used as a

business or office must have normal utilities. Minimum utility service shall include; business telephone, electricity, water service and waste water disposal, all in compliance with appropriate local, state and county rules. Should a state, county or local rule not exist, compliance with minimum utility service shall be determined at the time of field inspection by the department’s authorized representative.

1. (3) Standards for Allowed Signs.

   1. (A) In General. Outdoor advertising shall be permitted only when the following criteria are met:

      1. 1. The outdoor advertising structure is

in compliance with the sizing, spacing, lighting and location requirements for outdoor advertising erected and maintained in zoned and unzoned commercial and industrial areas as authorized by section 226.540, RSMo;

1. 2. The outdoor advertising structure is

on the same side of the highway as the commercial or industrial activity;

1. 3. The outdoor advertising structure is

within seven hundred fifty feet (750') of the commercial or industrial activity or from any commercial or industrial structure meeting the structure and grounds requirements of subparagraph (2)(C)3.A. of this rule; and

1. 4. In accordance with department permit

requirements (see 7 CSR 10-6.070).

1. (B) Measurement of Distances. Distances shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to signs located on the same side of the highway involved. The sign measurement points shall be those which yield the shortest distance between the structures. If the signs are angled or V-shaped, the nearest points of the structures to each other are to be used.

1. (4) Multiple Face Structures. A back-to-back sign, double-faced sign or V-type sign is a sign with two (2) sides or outdoor advertising faces owned by the same sign owner which are physically contiguous, or connected by the same structure or cross bracing or located not more than fifteen feet (15') apart at their nearest point. New stacked structures, as defined in 7 CSR 10-6.015(35), are prohibited. Three (3) or four (4) face structures, with each face positioned to be read from a different direction along intersecting routes will be allowed provided the spacing requirements of fourteen hundred feet (1,400') are met along each route. Each side or face of this multiple sign structure shall be considered as one (1) sign for the purpose of determining whether or not it complies with the sizing, lighting, spacing and location requirements of section 226.540, RSMo provided that the total display area of each side of a multiple sign structure is limited to a total area of eight hundred (800) square feet. The total display area of each side shall be measured by the smallest square, rectangle, triangle, circle or contiguous combination of shapes which will encompass the display(s) of each side.
2. (5) Permits (see 7 CSR 10-6.070 for state permit requirements).

3. (6) A permit may be granted for an automatic changeable display or a projected image display provided:

   1. (A) The static display time for each message is a minimum of eight (8) seconds;
   2. (B) The time to completely change from one message to the next is a maximum of two

4. (2) seconds;

   1. (C) The change of message must occur simultaneously for the entire sign face;
   2. (D) The outdoor advertising structure meets all other requirements in sections 226.500 to 226.600, RSMo and this rule. Any such sign shall be designed such that the sign will freeze in one position if a malfunction occurs;
   3. (E) The image does not flask or flicker in accordance with section 226.540(1)(A), RSMo;
   4. (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; and
   5. (G) No projected image(s) or message (s) shall appear to move or be animated.

AUTHORITY: sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* Original rule filed Feb. 6, 1974, effective March 8, 1974. Amended: Filed June 9, 1975, effective July 9, 1975. Rescinded and readopted: Filed May 16, Transportation Commission 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. State ex rel State Highway Commission v. Heil, 597 SW2d 257 (Mo. App. 1980). The selling of gravel by a farmer from his/her gravel pit is a “commercial” pursuit in contemplation of section 226.540, RSMo (Supp. 1976).