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SECOND REGULAR SESSION
HOUSE BILL NO. 2907
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MA YHEW .
6370H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 226.540, RSMo, and to enact in lieu thereof one new section relating to
signs permitted on certain highways.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 226.540, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 226.540, to read as follows:
226.540. Notwithstanding any other provisions of sections 226.500 to 226.600,
2 outdoor advertising shall be permitted within six hundred and sixty feet of the nearest edge of
3 the right-of-way of highways located on the interstate, federal-aid primary system as it existed
4 on June 1, 1991, or the national highway system as amended in areas zoned industrial,
5 commercial or the like and in unzoned commercial and industrial areas as defined in this
6 section, subject to the following regulations which are consistent with customary use in this
7 state:
8 (1) Lighting:
9 (a) No revolving or rotating beam or beacon of light that simulates any emer gency
10 light or device shall be permitted as part of any sign. No flashing, intermittent, or moving
11 light or lights will be permitted except scoreboards and other illuminated signs designating
12 public service information, such as time, date, or temperature, or similar information, will be
13 allowed; tri-vision, projection, and other changeable message signs shall be allowed subject
14 to Missouri highways and transportation commission regulations;
15 (b) External lighting, such as floodlights, thin line and gooseneck reflectors are
16 permitted, provided the light source is directed upon the face of the sign and is effectiv ely
17 shielded so as to prevent beams or rays of light from being directed into any portion of the
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 main traveled way of the federal-aid primary highways as of June 1, 1991, and all highways
19 designated as part of the National Highway System by the National Highway System
20 Designation Act of 1995 and those highways subsequently designated as part of the National
21 Highway System and the lights are not of such intensity so as to cause glare, impair the vision
22 of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor
23 vehicle;
24 (c) No sign shall be so illuminated that it interferes with the ef fectiveness of, or
25 obscures, an of ficial traff ic sign, device, or signal;
26 (2) Size of signs:
27 (a) The maximum area for any one sign shall be eight hundred square feet with a
28 maximum height of thirty feet and a maximum length of seventy-two feet, inclusive of border
29 and trim but excluding the base or apron, supports, and other structural members. The area
30 shall be measured as established herein and in rules promulgated by the commission. In
31 determining the size of a conforming or nonconforming sign structure, temporary cutouts and
32 extensions installed for the length of a specific display contract shall not be considered a
33 substantial increase to the size of the permanent display; provided the actual square footage of
34 such temporary cutouts or extensions may not exceed thirty-three percent of the permanent
35 display area. Signs erected in accordance with the provisions of sections 226.500 to 226.600
36 prior to August 28, 2002, which fail to meet the requirements of this provision shall be
37 deemed legally nonconforming as defined herein;
38 (b) The maximum size limitations shall apply to each side of a sign structure, and
39 signs may be placed back to back, double faced, or in V -type construction with not more than
40 two displays to each facing, but such sign structure shall be considered as one sign;
41 (c) After August 28, 1999, no new sign structure shall be erected in which two or
42 more displays are stacked one above the other . Stacked structures existing on or before
43 August 28, 1999, in accordance with sections 226.500 to 226.600 shall be deemed legally
44 nonconforming and may be maintained in accordance with the provisions of sections 226.500
45 to 226.600. Structures displaying more than one display on a horizontal basis shall be
46 allowed, provided that total display areas do not exceed the maximum allowed square footage
47 for a sign structure pursuant to the provisions of paragraph (a) of this subdivision;
48 (3) Spacing of signs:
49 (a) On all interstate highways, freeways, and nonfreeway federal-aid primary
50 highways as of June 1, 1991, and all highways designated as part of the National Highway
51 System by the National Highway System Designation Act of 1995 and those highways
52 subsequently designated as part of the National Highway System:
53 a. No sign structure shall be erected within one thousand four hundred feet of an
54 existing sign on the same side of the highway;
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55 b. Outside of incorporated municipalities, no structure may be located adjacent to or
56 within five hundred feet of an interchange, intersection at grade, or safety rest area. Such five
57 hundred feet shall be measured from the beginning or ending of the pavement widening at the
58 exit from or entrance to the main traveled way . For purpose of this subparagraph, the term
59 "incorporated municipalities" shall include "urban areas", except that such "urban areas" shall
60 not be considered "incorporated municipalities" if it is finally determined that such would
61 have the ef fect of making Missouri be in noncompliance with the requirements of T itle 23,
62 United States Code, Section 131;
63 c. Notwithstanding paragraph (a) of this subdivision, a new outdoor advertising
64 sign structur e may be er ected within one thousand four hundr ed feet of an existing sign
65 on the same side of the highway , prov ided that:
66 (i) The prop erty on which the new sign is to be er ected has not less than five
67 hundr ed feet of continuous fro ntage along the highway; and
68 (ii) The pr oposed sign structur e otherwise complies with all applicable federal
69 law , local zoning ordinances, safety req uire ments, lighting standards, and permit
70 r equir ements under this chapter .
71
72 No sign structur e erect ed after August 28, 2026, shall be placed in a manner that would
73 pr eclude an adjacent pro perty owner with not less than five hundred feet of highway
74 fr ontage fr om ere cting a conforming sign structure pursuant to this section;
75 (b) The spacing between structure provisions of this subdivision do not apply to signs
76 which are separated by buildings, natural surroundings, or other obstructions in such manner
77 that only one sign facing located within such distance is visible at any one time. Directional
78 or other of ficial signs or those advertising the sale or lease of the property on which they are
79 located, or those which advertise activities on the property on which they are located,
80 including products sold, shall not be counted, nor shall measurements be made from them for
81 the purpose of compliance with spacing provisions;
82 (c) No sign shall be located in such manner as to obstruct or otherwise physically
83 interfere with the effectiv eness of an of ficial traf fic sign, signal, or device or obstruct or
84 physically interfere with a motor vehicle operator's view of approaching, mer ging, or
85 intersecting traff ic;
86 (d) The measurements in this section shall be the minimum distances between
87 outdoor advertising sign structures measured along the nearest edge of the pavement between
88 points directly opposite the signs along each side of the highway and shall apply only to
89 outdoor advertising sign structures located on the same side of the highway involved;
90 (4) As used in this section, the words "unzoned commercial and industrial land" shall
91 be defined as follows: that area not zoned by state or local law or ordinance and on which
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92 there is located one or more permanent structures used for a commercial business or industrial
93 activity or on which a commercial or industrial activity is actually conducted together with
94 the area along the highway extending outwardly seven hundred fifty feet from and beyond the
95 edge of such activity . All measurements shall be from the outer edges of the regularly used
96 improvements, buildings, parking lots, landscaped, storage or processing areas of the
97 commercial or industrial activity and along and parallel to the edge of the pavement of the
98 highway . Unzoned land shall not include:
99 (a) Land on the opposite side of the highway from an unzoned commercial or
100 industrial area as defined in this section and located adjacent to highways located on the
101 interstate, federal-aid primary system as it existed on June 1, 1991, or the national highway
102 system as amended, unless the opposite side of the highway qualifies as a separate unzoned
103 commercial or industrial area; or
104 (b) Land zoned by a state or local law , regulation, or ordinance;
105 (5) "Commercial or industrial activities" as used in this section means those which are
106 generally recognized as commercial or industrial by zoning authorities in this state, except
107 that none of the following shall be considered commercial or industrial:
108 (a) Outdoor advertising structures;
109 (b) Agricultural, forestry , ranching, grazing, farming, and related activities, including
110 seasonal roadside fresh produce stands;
111 (c) T ransient or temporary activities;
112 (d) Activities more than six hundred sixty feet from the nearest edge of the right-of-
113 way or not visible from the main traveled way;
114 (e) Activities conducted in a building principally used as a residence;
115 (f) Railroad tracks and minor sidings;
116 (6) The words "unzoned commercial or industrial land" shall also include all areas not
117 specified in this section which constitute an "unzoned commercial or industrial area" within
118 the meaning of the present Section 131 of T itle 23 of the United States Code, or as such
119 statute may be amended. As used in this section, the words "zoned commercial or industrial
120 area" shall refer to those areas zoned commercial or industrial by the duly constituted zoning
121 authority of a municipality , county , or other lawfully established political subdivision of the
122 state, or by the state and which is within seven hundred fifty feet of one or more permanent
123 commercial or industrial activities. Commercial or industrial activities as used in this section
124 are limited to those activities:
125 (a) In which the primary use of the property is commercial or industrial in nature;
126 (b) Which are clearly visible from the highway and recognizable as a commercial
127 business;
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128 (c) Which are permanent as opposed to temporary or transitory and of a nature that
129 would customarily be restricted to commercial or industrial zoning in areas comprehensively
130 zoned; and
131 (d) In determining whether the primary use of the property is commercial or industrial
132 pursuant to paragraph (a) of this subdivision, the state highways and transportation
133 commission shall consider the following factors:
134 a. The presence of a permanent and substantial building;
135 b. The existence of utilities and local business licenses, if any , for the commercial
136 activity;
137 c. On-premise signs or other identification;
138 d. The presence of an owner or employee on the premises for at least twenty hours per
139 week;
140 (7) In zoned commercial and industrial areas, whenever a state, county or municipal
141 zoning authority has adopted laws or ordinances which include regulations with respect to the
142 size, lighting and spacing of signs, which regulations are consistent with the intent of sections
143 226.500 to 226.600 and with customary use, then from and after the ef fective date of such
144 regulations, and so long as they shall continue in ef fect, the provisions of this section shall not
145 apply to the erection of signs in such areas. Notwithstanding any other provisions of this
146 section, after August 28, 1992, with respect to any outdoor advertising which is regulated by
147 the provisions of subdivision (1), (3) or (4) of section 226.520 or subsection 1 of section
148 226.527:
149 (a) No county or municipality shall issue a permit to allow a regulated sign to be
150 newly erected without a permit issued by the state highways and transportation commission;
151 (b) A county or municipality may char ge a reasonable one-time permit or inspection
152 fee to assure compliance with local wind load and electrical requirements when the sign is
153 first erected, but a county or municipality may not char ge a permit or inspection fee for such
154 sign after such initial fee. Changing the display face or performing routine maintenance shall
155 not be considered as erecting a new sign;
156 (8) The state highways and transportation commission on behalf of the state of
157 Missouri, may seek agreement with the Secretary of T ransportation of the United States under
158 Section 131 of T itle 23, United States Code, as amended, that sections 226.500 to 226.600 are
159 in conformance with that Section 131 and provides ef fective control of outdoor advertising
160 signs as set forth therein. If such agreement cannot be reached and the penalties under
161 subsection (b) of Section 131 are invoked, the attorney general of this state shall institute
162 proceedings described in subsection (1) of that Section 131.
✔
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