226.540. Signs permitted on certain highways--lighting restrictions--size, location--zones--specifications. - Missouri Statutes

Signs permitted on certain highways--lighting restrictions--size,location--zones--specifications.

226.540. Notwithstanding any other provisions of sections 226.500 to226.600, outdoor advertising shall be permitted within six hundred andsixty feet of the nearest edge of the right-of-way of highways located onthe interstate, federal-aid primary system as it existed on June 1, 1991,or the national highway system as amended in areas zoned industrial,commercial or the like and in unzoned commercial and industrial areas asdefined in this section, subject to the following regulations which areconsistent with customary use in this state:

(1) Lighting:

(a) No revolving or rotating beam or beacon of light that simulatesany emergency light or device shall be permitted as part of any sign. Noflashing, intermittent, or moving light or lights will be permitted exceptscoreboards and other illuminated signs designating public serviceinformation, such as time, date, or temperature, or similar information,will be allowed; tri-vision, projection, and other changeable message signsshall be allowed subject to Missouri highways and transportation commissionregulations;

(b) External lighting, such as floodlights, thin line and gooseneckreflectors are permitted, provided the light source is directed upon theface of the sign and is effectively shielded so as to prevent beams or raysof light from being directed into any portion of the main traveled way ofthe federal-aid primary highways as of June 1, 1991, and all highwaysdesignated as part of the National Highway System by the National HighwaySystem Designation Act of 1995 and those highways subsequently designatedas part of the National Highway System and the lights are not of suchintensity so as to cause glare, impair the vision of the driver of a motorvehicle, or otherwise interfere with a driver's operation of a motorvehicle;

(c) No sign shall be so illuminated that it interferes with theeffectiveness of, or obscures, an official traffic sign, device, or signal;

(2) Size of signs:

(a) The maximum area for any one sign shall be eight hundred squarefeet with a maximum height of thirty feet and a maximum length ofseventy-two feet, inclusive of border and trim but excluding the base orapron, supports, and other structural members. The area shall be measuredas established herein and in rules promulgated by the commission. Indetermining the size of a conforming or nonconforming sign structure,temporary cutouts and extensions installed for the length of a specificdisplay contract shall not be considered a substantial increase to the sizeof the permanent display; provided the actual square footage of suchtemporary cutouts or extensions may not exceed thirty-three percent of thepermanent display area. Signs erected in accordance with the provisions ofsections 226.500 to 226.600 prior to August 28, 2002, which fail to meetthe requirements of this provision shall be deemed legally nonconforming asdefined herein;

(b) The maximum size limitations shall apply to each side of a signstructure, and signs may be placed back to back, double faced, or in V-typeconstruction with not more than two displays to each facing, but such signstructure shall be considered as one sign;

(c) After August 28, 1999, no new sign structure shall be erected inwhich two or more displays are stacked one above the other. Stackedstructures existing on or before August 28, 1999, in accordance withsections 226.500 to 226.600 shall be deemed legally nonconforming and maybe maintained in accordance with the provisions of sections 226.500 to226.600. Structures displaying more than one display on a horizontal basisshall be allowed, provided that total display areas do not exceed themaximum allowed square footage for a sign structure pursuant to theprovisions of paragraph (a) of this subdivision;

(3) Spacing of signs:

(a) On all interstate highways, freeways, and nonfreeway federal-aidprimary highways as of June 1, 1991, and all highways designated as part ofthe National Highway System by the National Highway System Designation Actof 1995 and those highways subsequently designated as part of the NationalHighway System:

a. No sign structure shall be erected within one thousand fourhundred feet of an existing sign on the same side of the highway;

b. Outside of incorporated municipalities, no structure may belocated adjacent to or within five hundred feet of an interchange,intersection at grade, or safety rest area. Such five hundred feet shallbe measured from the beginning or ending of the pavement widening at theexit from or entrance to the main traveled way. For purpose of thissubparagraph, the term "incorporated municipalities" shall include "urbanareas", except that such "urban areas" shall not be considered"incorporated municipalities" if it is finally determined that such wouldhave the effect of making Missouri be in noncompliance with therequirements of Title 23, United States Code, Section 131;

(b) The spacing between structure provisions of this subdivision donot apply to signs which are separated by buildings, natural surroundings,or other obstructions in such manner that only one sign facing locatedwithin such distance is visible at any one time. Directional or otherofficial signs or those advertising the sale or lease of the property onwhich they are located, or those which advertise activities on the propertyon which they are located, including products sold, shall not be counted,nor shall measurements be made from them for the purpose of compliance withspacing provisions;

(c) No sign shall be located in such manner as to obstruct orotherwise physically interfere with the effectiveness of an officialtraffic sign, signal, or device or obstruct or physically interfere with amotor vehicle operator's view of approaching, merging, or intersectingtraffic;

(d) The measurements in this section shall be the minimum distancesbetween outdoor advertising sign structures measured along the nearest edgeof the pavement between points directly opposite the signs along each sideof the highway and shall apply only to outdoor advertising sign structureslocated on the same side of the highway involved;

(4) As used in this section, the words "unzoned commercial andindustrial land" shall be defined as follows: that area not zoned by stateor local law or ordinance and on which there is located one or morepermanent structures used for a commercial business or industrial activityor on which a commercial or industrial activity is actually conductedtogether with the area along the highway extending outwardly seven hundredfifty feet from and beyond the edge of such activity. All measurementsshall be from the outer edges of the regularly used improvements,buildings, parking lots, landscaped, storage or processing areas of thecommercial or industrial activity and along and parallel to the edge of thepavement of the highway. Unzoned land shall not include:

(a) Land on the opposite side of the highway from an unzonedcommercial or industrial area as defined in this section and locatedadjacent to highways located on the interstate, federal-aid primary systemas it existed on June 1, 1991, or the national highway system as amended,unless the opposite side of the highway qualifies as a separate unzonedcommercial or industrial area; or

(b) Land zoned by a state or local law, regulation, or ordinance;

(5) "Commercial or industrial activities" as used in this sectionmeans those which are generally recognized as commercial or industrial byzoning authorities in this state, except that none of the following shallbe considered commercial or industrial:

(a) Outdoor advertising structures;

(b) Agricultural, forestry, ranching, grazing, farming, and relatedactivities, including seasonal roadside fresh produce stands;

(c) Transient or temporary activities;

(d) Activities more than six hundred sixty feet from the nearest edgeof the right-of-way or not visible from the main traveled way;

(e) Activities conducted in a building principally used as aresidence;

(f) Railroad tracks and minor sidings;

(6) The words "unzoned commercial or industrial land" shall alsoinclude all areas not specified in this section which constitute an"unzoned commercial or industrial area" within the meaning of the presentSection 131 of Title 23 of the United States Code, or as such statute maybe amended. As used in this section, the words "zoned commercial orindustrial area" shall refer to those areas zoned commercial or industrialby the duly constituted zoning authority of a municipality, county, orother lawfully established political subdivision of the state, or by thestate and which is within seven hundred fifty feet of one or more permanentcommercial or industrial activities. Commercial or industrial activitiesas used in this section are limited to those activities:

(a) In which the primary use of the property is commercial orindustrial in nature;

(b) Which are clearly visible from the highway and recognizable as acommercial business;

(c) Which are permanent as opposed to temporary or transitory and ofa nature that would customarily be restricted to commercial or industrialzoning in areas comprehensively zoned; and

(d) In determining whether the primary use of the property iscommercial or industrial pursuant to paragraph (a) of this subdivision, thestate highways and transportation commission shall consider the followingfactors:

a. The presence of a permanent and substantial building;

b. The existence of utilities and local business licenses, if any,for the commercial activity;

c. On-premise signs or other identification;

d. The presence of an owner or employee on the premises for at leasttwenty hours per week;

(7) In zoned commercial and industrial areas, whenever a state,county or municipal zoning authority has adopted laws or ordinances whichinclude regulations with respect to the size, lighting and spacing ofsigns, which regulations are consistent with the intent of sections 226.500to 226.600 and with customary use, then from and after the effective dateof such regulations, and so long as they shall continue in effect, theprovisions of this section shall not apply to the erection of signs in suchareas. Notwithstanding any other provisions of this section, after August28, 1992, with respect to any outdoor advertising which is regulated by theprovisions of subdivision (1), (3) or (4) of section 226.520 or subsection1 of section 226.527:

(a) No county or municipality shall issue a permit to allow aregulated sign to be newly erected without a permit issued by the statehighways and transportation commission;

(b) A county or municipality may charge a reasonable one-time permitor inspection fee to assure compliance with local wind load and electricalrequirements when the sign is first erected, but a county or municipalitymay not charge a permit or inspection fee for such sign after such initialfee. Changing the display face or performing routine maintenance shall notbe considered as erecting a new sign;

(8) The state highways and transportation commission on behalf of thestate of Missouri, may seek agreement with the Secretary of Transportationof the United States under Section 131 of Title 23, United States Code, asamended, that sections 226.500 to 226.600 are in conformance with thatSection 131 and provides effective control of outdoor advertising signs asset forth therein. If such agreement cannot be reached and the penaltiesunder subsection (b) of Section 131 are invoked, the attorney general ofthis state shall institute proceedings described in subsection (1) of thatSection 131.

(L. 1965 2d Ex. Sess. p. 900 § 5, A.L. 1972 S.B. 382, A.L. 1976 H.B. 1478, A.L. 1992 S.B. 652, A.L. 1999 S.B. 61, A.L. 2002 H.B. 1196 merged with H.B. 1508)