37 Miss. Code R. § 1-7501-09002-1102

Current through August 31, 2024
Section 37-1-7501-09002-1102 - Premises Test
1. The following shall be used for determining whether a sign, display or device is located on the same premises as the activity or property advertised as required under 1101.1.a above.
a. The premises on which the activity is conducted is determined by physical facts rather than property lines. Generally, the premises is defined as the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.
b. The following will not be considered to be a part of the premises on which the activity is conducted, and any signs located on such land will be considered off-premise advertising:
i. Any land which is not used as an integral part of the principle activity. This would include, but is not limited to, land which is separated from the activity by a roadway, highway, or other obstruction, and not used by an extensive highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.
ii. Any land which is used for, or devoted to, a separate purpose unrelated to the advertising activity. For example, land adjacent to or adjoining a service station but devoted to the raising of crops, residence or farmstead uses or other commercial or industrial uses having no relationship to the service station activity would not be part of the premises of the service station, even though under the same ownership unless the area is part of one unified, planned development, then the area may be evaluated such that an onpremise sign may advertise any activity contained within the development.
iii. Any land which is (a) at some distance from the principal activity, and (b) in closer proximity to the highway than the principal activity, and (c) developed or used only in the area of the sign site, or between the sign site and the principal activity, and (d) occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integrated purpose relative to the activity other than an attempt to qualify the land for signing purposes. Generally, said land supports facilities that include: picnic, playground or camping areas, dog kennels, golf driving ranges, skeet ranges, walking paths, fences, unpaved parking lots and sign maintenance sheds.
c. Narrow Strips
i. Where the sign site is located at or near the end of a narrow strip contiguous to the advertised activity, the sign site shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land which is such that it cannot be put to any reasonable use related to the activity other than signing purposes.
ii. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if it is located upon a narrow strip of land:
A. Which is non-buildable land, such as swampland, marshland, or other wet land, or
B. Which is a common or private roadway, or
C. Held by easement or other lesser interest than the premises where the advertised activity is located.

37 Miss. Code. R. § 1-7501-09002-1102

Amended 5/27/2021