7 CSR 10-6.015 - Definitions
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) moves or appears to have motion.
(2) Automatic changeable display means a
display with the capability of content changes by means of mechanical or
electronic input.
(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, connected by the same
structure or cross-bracing or located not more than fifteen feet (15') apart at
their nearest point.
(4) Changed
conditions mean 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) Commercial or industrial
activities are defined in section
226.540(5)
and (6), RSMo.
(6) Commission means the Missouri Highways
and Transportation Commission.
(7)
Department means the Missouri Department of Transportation.
(8) Digital technology means display of a
message by manipulation of light projected onto a screen or otherwise produced
within the screen including displays using light emitting diode (LED)
technology, plasma technology, or any industry equivalent that produces the
same result as these technologies.
(9) Display means a single graphic design
which advertises goods, services, or businesses.
(10) Erect means to construct, build, raise,
assemble, place, affix, attach, create, paint, draw, or in any other way bring
into being or establish.
(11)
Flashing means emitting a series of sudden and transient outbursts of
light.
(12) 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.
(13) Intermittent
means occurring at intervals.
(14)
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).
(15) 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.
(16) Maintain
means allow to exist.
(17)
Main-traveled way means the through traffic lanes of the highway.
(18) 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.
(19) 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.
(20) Parkland means any
publicly-owned land which is designated or used as a public park, recreation
area, wildlife or waterfowl refuge, or historic site.
(21) 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.
(22) 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 .
(23) Sign means outdoor advertising as
defined by section
226.510(3),
RSMo.
(24) 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 department's authorized
representative.
(25) Stacked sign
means a sign with one (1) or more displays placed one (1) above another on a
single structure.
(26) Support
pole(s) means the upright support(s) to which the face is attached exclusive of
bracing mechanism.
(27) Unlawful
signs or unlawful outdoor advertising are those identified as unlawful in
sections 226.580.1 and
226.580.2,
RSMo,
7
CSR 10-6.040(5), 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).
(28) 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.
(29) 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).
(30) Visible means capable of being seen,
whether or not legible, without visual aid by a person of normal visual acuity.
A person of normal visual acuity is any person licensed by Missouri to operate
a motor vehicle upon the highways of this state.
(31) 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).
Notes
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