Section 37-1-7501-09002-347 - Unzoned Commercial or Industrial Area1.Proximity to Right of Way Unzoned Commercial or Industrial Area: An unzoned commercial or industrial area is an area along the highway right of way that has not been comprehensively zoned under authority of law, that is not predominantly used for residential or agricultural purposes, and that is within 800 feet, measured along the edge of the right of way, of, and on the same side of the highway as, the principal part of at least two (2) adjacent recognized commercial or industrial activities. The sign must be located on the same side of the highway as the commercial or industrial activity.
A portion of the regularly used buildings, parking lots, storage and processing areas, where each respective business activity is conducted, must be within 200 feet of the highway right of way, and the permanent building where the activity is conducted must be visible from the main-traveled way.
2.Two Separate and Adjacent ActivitiesTo be considered adjacent, there must be no separation of the regularly used buildings, parking lots, storage or processing areas of the two activities by vacant lots, or undeveloped areas over 50 feet wide as measured parallel to the centerline. Two activities may occupy one building as long as each has at least 300 square feet of floor space dedicated to that activity and otherwise meets the definition of a commercial or industrial activity. There must be separation of the two activities by a dividing wall, separate ownership, or other distinctive characteristics. A separate product line offered by one business will not be considered two activities.
3.Measurementsa. The area to be considered, based upon the qualifying activities, is up to 1,600 feet (800 feet on each side) plus the actual frontage of the commercial or industrial activities, measured along the highway right of way provided that the proposed sign structure is located on the same parcel on which the activities are located.b. The depth of an unzoned commercial or industrial area is measured from the nearest edge of the highway right of way perpendicular to the centerline of the main-traveled way of the highway at a depth of 660 feet.4.Test for Residential or Agriculturala. The area must be considered as a whole prior to the application of the test for predominantly residential or agricultural.b. An area shall be considered to be predominantly residential or agricultural if more than 50% of the area is being used for a residential or agricultural purpose. Roads and streets with residential or agricultural property on both sides shall be considered as being used for residential or agricultural purposes.5.Non-Qualifying Commercial or Industrial ActivitiesThe following activities will not be considered commercial or industrial for the purposes of establishing an unzoned commercial or industrial area:
a. Outside advertising structures:b. Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, temporary wayside fresh produce stands;c. Activities:i. Not housed in a permanent building or structure;ii. Not having an indoor restroom, telephone, running water, functioning electrical connections, and adequate heating;iii. Not having permanent flooring other than material such as dirt, gravel, or sand or,iv. Not accessible in all non-catastrophic weather conditions.d. Activities not housed in a permanent building that is visible from the traffic lanes of the main-traveled way;e. Activities conducted in a building primarily used as a residence;f. Railroad right of way;g. Activities that do not have a portion of the regularly used buildings, parking lots, storage or processing areas within 200 feet from the edge of the right of way;h. Activities conducted only seasonally;i. Activities conducted in a building having less than 300 square feet of floor space devoted to the activities;j. Activities that do not have at least one person who is at the activity site, performing work, an average of at least 30 hours per week and spread over four (4) days;k. Activities which have not been open for at least 6 months;l. Recreational facilities such as campgrounds, golf courses, tennis courts, wild animal parks, and zoos, except for the portion of the activities occupied by permanent buildings which otherwise meet the criteria in this subsection, and parking lots;m. Apartment houses or residential condominiums;n. Areas used by public or private preschools, secondary schools, colleges and universities for education or recreation (this does not preclude trade schools or corporate training campuses);o. Quarries or borrow pits, except for any portion of the activities occupied by permanent buildings which otherwise meet the criteria in this subsection and parking lots;p. Cemeteries, or churches, synagogues, mosques, or other places primarily used for worship; and q. Radio or microwave communication towers.6.Effect of Cessation of Activitiesa. Except as provided in subsection (c) below, a sign permitted through the presence of qualifying activity(s) under both the present rule or previous rules, will be classified as conforming so long as a like number of qualifying activity(s) remain. If all qualifying activities in the area cease, the sign will become nonconforming. The intent of this provision is such that a sign that qualified under the current regulations or preceding regulations will remain conforming so long as the qualifying activity(s) remain. For example, if a sign qualified under the rule requiring one qualifying activity, the sign will remain conforming so long as a qualifying activity continues. Likewise, if the sign qualified under the rule requiring two qualifying activities, the sign will remain conforming so long as two qualifying activities continue. b. With regard to a sign that qualifies under the test for agricultural and/or residential (subsection 4 above) if the area ceases to qualify under this test, the sign will become nonconforming.c. If MDOT has evidence that an activity supporting an unzoned commercial or industrial area has ceased and no business has been conducted at the activity site within one year after erection of the sign, MDOT may cancel the permit.37 Miss. Code. R. § 1-7501-09002-347