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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1161
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
4778S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 226.540 and 226.550, RSMo, and to enact in lieu thereof two new sections
relating to outdoor advertising.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 226.540 and 226.550, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 226.540 and 226.550, to read as follows:3
226.540. Notwithstanding any other provisions of 1
sections 226.500 to 226.600, outdoor advertising shall be 2
permitted within six hundred and sixty feet of the nearest 3
edge of the right-of-way of highways located on the 4
interstate, federal-aid primary system as it existed on June 5
1, 1991, or the national highway system as amended in areas 6
zoned industrial, commercial or the like and in unzoned 7
commercial and industrial areas as defined in this section, 8
subject to the following regulations which are consistent 9
with customary use in this state: 10
(1) Lighting: 11
(a) No revolving or rotating beam or beacon of light 12
that simulates any emergency light or device shall be 13
permitted as part of any sign. No flashing, intermittent, 14
or moving light or lights will be permitted except 15
scoreboards and other illuminated signs designating public 16
service information, such as time, date, or temperature, or 17
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similar information, will be allowed; tri-vision, 18
projection, and other changeable message signs shall be 19
allowed subject to Missouri highways and transportation 20
commission regulations; 21
(b) External lighting, such as floodlights, thin line 22
and gooseneck reflectors are permitted, provided the light 23
source is directed upon the face of the sign and is 24
effectively shielded so as to prevent beams or rays of light 25
from being directed into any portion of the main traveled 26
way of the federal-aid primary highways as of June 1, 1991, 27
and all highways designated as part of the National Highway 28
System by the National Highway System Designation Act of 29
1995 and those highways subsequently designated as part of 30
the National Highway System and the lights are not of such 31
intensity so as to cause glare, impair the vision of the 32
driver of a motor vehicle, or otherwise interfere with a 33
driver's operation of a motor vehicle; 34
(c) No sign shall be so illuminated that it interferes 35
with the effectiveness of, or obscures, an official traffic 36
sign, device, or signal; 37
(2) Size of signs: 38
(a) The maximum area for any one sign shall be eight 39
hundred square feet with a maximum height of thirty feet and 40
a maximum length of seventy-two feet, inclusive of border 41
and trim but excluding the base or apron, supports, and 42
other structural members. The area shall be measured as 43
established herein and in rules promulgated by the 44
commission. In determining the size of a conforming or 45
nonconforming sign structure, temporary cutouts and 46
extensions installed for the length of a specific display 47
contract shall not be considered a substantial increase to 48
the size of the permanent display; provided the actual 49
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square footage of such temporary cutouts or extensions may 50
not exceed thirty-three percent of the permanent display 51
area. Signs erected in accordance with the provisions of 52
sections 226.500 to 226.600 prior to August 28, 2002, which 53
fail to meet the requirements of this provision shall be 54
deemed legally nonconforming as defined herein; 55
(b) The maximum size limitations shall apply to each 56
side of a sign structure, and signs may be placed back to 57
back, double faced, or in V-type construction with not more 58
than two displays to each facing, but such sign structure 59
shall be considered as one sign; 60
(c) After August 28, 1999, no new sign structure shall 61
be erected in which two or more displays are stacked one 62
above the other. Stacked structures existing on or before 63
August 28, 1999, in accordance with sections 226.500 to 64
226.600 shall be deemed legally nonconforming and may be 65
maintained in accordance with the provisions of sections 66
226.500 to 226.600. Structures displaying more than one 67
display on a horizontal basis shall be allowed, provided 68
that total display areas do not exceed the maximum allowed 69
square footage for a sign structure pursuant to the 70
provisions of paragraph (a) of this subdivision; 71
(3) Spacing of signs: 72
(a) On all interstate highways, freeways, and 73
nonfreeway federal-aid primary highways as of June 1, 1991, 74
and all highways designated as part of the National Highway 75
System by the National Highway System Designation Act of 76
1995 and those highways subsequently designated as part of 77
the National Highway System: 78
a. No sign structure shall be erected within one 79
thousand four hundred feet of an existing sign on the same 80
side of the highway; 81
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b. Outside of incorporated municipalities, no 82
structure may be located adjacent to or within five hundred 83
feet of an interchange, intersection at grade, or safety 84
rest area. Such five hundred feet shall be measured from 85
the beginning or ending of the pavement widening at the exit 86
from or entrance to the main traveled way. For purpose of 87
this subparagraph, the term "incorporated municipalities" 88
shall include "urban areas", except that such "urban areas" 89
shall not be considered "incorporated municipalities" if it 90
is finally determined that such would have the effect of 91
making Missouri be in noncompliance with the requirements of 92
Title 23, United States Code, Section 131; 93
(b) The spacing between structure provisions of this 94
subdivision do not apply to signs which are separated by 95
buildings, natural surroundings, or other obstructions in 96
such manner that only one sign facing located within such 97
distance is visible at any one time. Directional or other 98
official signs or those advertising the sale or lease of the 99
property on which they are located, or those which advertise 100
activities on the property on which they are located, 101
including products sold, shall not be counted, nor shall 102
measurements be made from them for the purpose of compliance 103
with spacing provisions; 104
(c) No sign shall be located in such manner as to 105
obstruct or otherwise physically interfere with the 106
effectiveness of an official traffic sign, signal, or device 107
or obstruct or physically interfere with a motor vehicle 108
operator's view of approaching, merging, or intersecting 109
traffic; 110
(d) The measurements in this section shall be the 111
minimum distances between outdoor advertising sign 112
structures measured along the nearest edge of the pavement 113
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between points directly opposite the signs along each side 114
of the highway and shall apply only to outdoor advertising 115
sign structures located on the same side of the highway 116
involved; 117
(4) As used in this section, the words "unzoned 118
commercial and industrial land" shall be defined as 119
follows: that area not zoned by state or local law or 120
ordinance and on which there is located one or more 121
permanent structures used for a commercial business or 122
industrial activity or on which a commercial or industrial 123
activity is actually conducted together with the area along 124
the highway extending outwardly seven hundred fifty feet 125
from and beyond the edge of such activity. All measurements 126
shall be from the outer edges of the regularly used 127
improvements, buildings, parking lots, landscaped, storage 128
or processing areas of the commercial or industrial activity 129
and along and parallel to the edge of the pavement of the 130
highway. On nonfreeway primary highways where there is an 131
unzoned commercial or industrial area on one side of the 132
road in accordance with this section, the unzoned commercial 133
or industrial area shall also include those lands located on 134
the opposite side of the highway to the extent of the same 135
dimensions. Unzoned land shall not include: 136
(a) Land on the opposite side of the highway from an 137
unzoned commercial or industrial area as defined in this 138
section and located adjacent to highways located on the 139
interstate[, federal-aid primary system as it existed on 140
June 1, 1991, or the national highway system as amended, 141
unless the opposite side of the highway qualifies as a 142
separate unzoned commercial or industrial area] or freeway 143
primary highways; or 144
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(b) Land zoned by a state or local law, regulation, or 145
ordinance; 146
(5) "Commercial or industrial activities" as used in 147
this section means those which are generally recognized as 148
commercial or industrial by zoning authorities in this 149
state, except that none of the following shall be considered 150
commercial or industrial: 151
(a) Outdoor advertising structures; 152
(b) Agricultural, forestry, ranching, grazing, 153
farming, and related activities, including seasonal roadside 154
fresh produce stands; 155
(c) Transient or temporary activities; 156
(d) Activities more than six hundred sixty feet from 157
the nearest edge of the right-of-way or not visible from the 158
main traveled way; 159
(e) Activities conducted in a building principally 160
used as a residence; 161
(f) Railroad tracks and minor sidings; 162
(6) The words "unzoned commercial or industrial land" 163
shall also include all areas not specified in this section 164
which constitute an "unzoned commercial or industrial area" 165
within the meaning of the present Section 131 of Title 23 of 166
the United States Code, or as such statute may be amended. 167
As used in this section, the words "zoned commercial or 168
industrial area" shall refer to those areas zoned commercial 169
or industrial by the duly constituted zoning authority of a 170
municipality, county, or other lawfully established 171
political subdivision of the state, or by the state and 172
which is within seven hundred fifty feet of one or more 173
permanent commercial or industrial activities. Commercial 174
or industrial activities as used in this section are limited 175
to those activities: 176
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(a) In which the primary use of the property is 177
commercial or industrial in nature; 178
(b) Which are clearly visible from the highway and 179
recognizable as a commercial business; 180
(c) Which are permanent as opposed to temporary or 181
transitory and of a nature that would customarily be 182
restricted to commercial or industrial zoning in areas 183
comprehensively zoned; and 184
(d) In determining whether the primary use of the 185
property is commercial or industrial pursuant to paragraph 186
(a) of this subdivision, the state highways and 187
transportation commission shall consider the following 188
factors: 189
a. The presence of a permanent and substantial 190
building; 191
b. The existence of utilities and local business 192
licenses, if any, for the commercial activity; 193
c. On-premise signs or other identification; 194
d. The presence of an owner or employee on the 195
premises for at least twenty hours per week; 196
(7) In zoned commercial and industrial areas, whenever 197
a state, county or municipal zoning authority has adopted 198
laws or ordinances which include regulations with respect to 199
the size, lighting and spacing of signs, which regulations 200
are consistent with the intent of sections 226.500 to 201
226.600 and with customary use, then from and after the 202
effective date of such regulations, and so long as they 203
shall continue in effect, the provisions of this section 204
shall not apply to the erection of signs in such areas. 205
Notwithstanding any other provisions of this section, after 206
August 28, 1992, with respect to any outdoor advertising 207
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which is regulated by the provisions of subdivision (1), (3) 208
or (4) of section 226.520 or subsection 1 of section 226.527: 209
(a) No county or municipality shall issue a permit to 210
allow a regulated sign to be newly erected without a permit 211
issued by the state highways and transportation commission; 212
(b) A county or municipality may charge a reasonable 213
one-time permit or inspection fee to assure compliance with 214
local wind load and electrical requirements when the sign is 215
first erected, but a county or municipality may not charge a 216
permit or inspection fee for such sign after such initial 217
fee. Changing the display face or performing routine 218
maintenance shall not be considered as erecting a new sign; 219
(8) The state highways and transportation commission 220
on behalf of the state of Missouri, may seek agreement with 221
the Secretary of Transportation of the United States under 222
Section 131 of Title 23, United States Code, as amended, 223
that sections 226.500 to 226.600 are in conformance with 224
that Section 131 and provides effective control of outdoor 225
advertising signs as set forth therein. If such agreement 226
cannot be reached and the penalties under subsection (b) of 227
Section 131 are invoked, the attorney general of this state 228
shall institute proceedings described in subsection (1) of 229
that Section 131. 230
226.550. 1. No outdoor advertising which is regulated 1
by subdivision (1), (3) or (4) of section 226.520 or 2
subsection 1 of section 226.527 shall be erected or 3
maintained on or after August 28, 1992, without a one-time 4
permanent permit issued by the state highways and 5
transportation commission. Application for permits shall be 6
made to the state highways and transportation commission on 7
forms furnished by the commission and shall be accompanied 8
by a permit fee of two hundred dollars for all signs; except 9
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that, tax-exempt religious organizations as defined in 10
subdivision (11) of section 313.005, service organizations 11
as defined in subdivision (12) of section 313.005, veterans' 12
organizations as defined in subdivision (14) of section 13
313.005, and fraternal organizations as defined in 14
subdivision (8) of section 313.005 shall be granted a permit 15
for signs less than seventy-six square feet without payment 16
of the fee. The permit fee of two hundred dollars shall be 17
waived for landowners, provided that the landowner is the 18
permit holder and owns both the land upon which the outdoor 19
advertising is placed and the business being advertised on 20
the sign, so long as the business being advertised is 21
located within seven hundred fifty feet of the sign 22
location. In the event a permit holder fails to erect a 23
sign structure within twenty-four months of issuance, said 24
permit shall expire and a new permit must be obtained prior 25
to any construction. 26
2. No outdoor advertising which is regulated by 27
subdivision (1), (3) or (4) of section 226.520 or subsection 28
1 of section 226.527 which was erected prior to August 28, 29
1992, shall be maintained without a one-time permanent 30
permit for outdoor advertising issued by the state highways 31
and transportation commission. If a one-time permanent 32
permit was issued by the state highways and transportation 33
commission after March 30, 1972, and before August 28, 1992, 34
it is not necessary for a new permit to be issued. If a one- 35
time permanent permit was not issued for a lawfully erected 36
and lawfully existing sign by the state highways and 37
transportation commission after March 30, 1972, and before 38
August 28, 1992, a one-time permanent permit shall be issued 39
by the commission for each sign which is lawfully in 40
existence on the day prior to August 28, 1992, upon 41
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application and payment of a permit fee of two hundred 42
dollars. All applications and fees due pursuant to this 43
subsection shall be submitted before December 31, 1992. The 44
permit fee of two hundred dollars shall be waived for 45
landowners, provided that the landowner is the permit holder 46
and owns both the land upon which the outdoor advertising is 47
placed and the business being advertised on the sign, so 48
long as the business being advertised is located within 49
seven hundred fifty feet of the sign location. 50
3. For purposes of sections 226.500 to 226.600, the 51
terminology "structure lawfully in existence" or "lawfully 52
existing" sign or outdoor advertising shall, nevertheless, 53
include the following signs unless the signs violate the 54
provisions of subdivisions (3) to (7) of subsection 1 of 55
section 226.580: 56
(1) All signs erected prior to January 1, 1968; 57
(2) All signs erected before March 30, 1972, but on or 58
after January 1, 1968, which would otherwise be lawful but 59
for the failure to have a permit for such signs prior to 60
March 30, 1972, except that any sign or structure which was 61
not in compliance with sizing, spacing, lighting, or 62
location requirements of sections 226.500 to 226.600 as the 63
sections appeared in the revised statutes of Missouri 1969, 64
wheresoever located, shall not be considered a lawfully 65
existing sign or structure; 66
(3) All signs erected after March 30, 1972, which are 67
in conformity with sections 226.500 to 226.600; 68
(4) All signs erected in compliance with sections 69
226.500 to 226.600 prior to August 28, 2002. 70
4. On or after August 28, 1992, the state highways and 71
transportation commission may, in addition to the fees 72
authorized by subsections 1 and 2 of this section, collect a 73
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biennial inspection fee every two years after a state permit 74
has been issued. Biennial inspection fees due after August 75
28, 2002, and prior to August 28, 2003, shall be fifty 76
dollars. Biennial inspection fees due on or after August 77
28, 2003, shall be seventy-five dollars. Biennial 78
inspection fees due on or after August 28, 2004, shall be 79
one hundred dollars; except that, tax-exempt religious 80
organizations as defined in subdivision (11) of section 81
313.005, service organizations as defined in subdivision 82
(12) of section 313.005, veterans' organizations as defined 83
in subdivision (14) of section 313.005, and fraternal 84
organizations as defined in subdivision (8) of section 85
313.005 shall not be required to pay such fee. The biennial 86
inspection fee shall be waived for landowners, provided that 87
the landowner is the permit holder and owns both the land 88
upon which the outdoor advertising is placed and the 89
business being advertised on the sign, so long as the 90
business being advertised is located within seven hundred 91
fifty feet of the sign location. 92
5. In order to effect the more efficient collection of 93
biennial inspection fees, the state highways and 94
transportation commission is encouraged to adopt a renewal 95
system in which all permits in a particular county are 96
renewed in the same month. In conjunction with the 97
conversion to this renewal system, the state highways and 98
transportation commission is specifically authorized to 99
prorate renewal fees based on changes in renewal dates. 100
6. Sign owners or owners of the land on which signs 101
are located must apply to the state highways and 102
transportation commission for biennial inspection and submit 103
any fees as required by this section on or before December 104
31, 1992. For a permitted sign which does not have a 105
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permit, a permit shall be issued at the time of the next 106
biennial inspection. 107
7. The state highways and transportation commission 108
shall deposit all fees received for outdoor advertising 109
permits and inspection fees in the state road fund, keeping 110
a separate record of such fees, and the same may be expended 111
by the commission in the administration of sections 226.500 112
to 226.600. 113
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