Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 6 - Outdoor Advertising
Section 7 CSR 10-6.060 - Nonconforming Signs
Universal Citation: 7 MO Code of State Regs 10-6.060
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment removes unnecessary restrictive language.
(1) Definitions (see 7 CSR 10-6.015 ).
(2) Categories of Nonconforming Signs. Unless these signs are unlawful signs under section 226.580, RSMo , the following nonconforming signs, subsections (2)(A)-(D) of this rule, may be maintained under the specified conditions to promote highway safety:
(A) Signs Located Within Commercial or
Industrial Areas. Any signs within six hundred sixty feet (660') of the nearest
edge of the right-of-way and visible from the main-traveled way of any highway
which is a part of the interstate or primary system which were lawfully erected
and which are located within zoned or unzoned commercial or industrial areas
but which under state statutes enacted at a later date or because of changed
conditions fail to meet the sizing, lighting, spacing or location requirements
of sections 226.500-226.600, RSMo or
7
CSR 10-6.020 are nonconforming signs. These signs may
be maintained subject to the criteria for maintenance of nonconforming signs,
in section (3);
(B) Signs Located
Outside Commercial or Industrial Areas. Any signs within six hundred sixty feet
(660') of the nearest edge of the right-of-way and visible from the
main-traveled way of any highway which is a part of the interstate or primary
system which were lawfully erected and which are not located in zoned or
unzoned commercial or industrial areas but which under state statutes enacted
at a later date or because of changed conditions fail to meet the sizing,
lighting, spacing or location requirements of sections 226.500-226.600, RSMo or
7
CSR 10-6.020 are nonconforming signs. These signs may
be maintained subject to the criteria for maintenance of nonconforming signs
listed in section (3), only until removed by the commission upon the payment of
just compensation under section
226.570,
RSMo; except, those signs qualifying as specific tourist area signs or as
landmark signs may be maintained subject to the criteria for maintenance of
non-conforming signs, in section (3);
(C) Signs Located Beyond Six Hundred Sixty
Feet (660') of the Right-of-Way. Any signs lawfully erected, either outside of
urban areas prior to August 13, 1976, or inside urban areas at any time which
are located beyond six hundred sixty feet (660') of the right-of-way, visible
from the main-traveled way of the interstate or primary system and erected with
the purpose of its message being read from the traveled way, except that
outdoor advertising as is defined in sections
226.520(1) and
(2), RSMo, but which under state statutes
enacted at a later date or which because of changed conditions fail to meet the
location requirements of sections 226.500- 226.600, RSMo or
7
CSR 10-6.020 are non-conforming signs. These signs may
be maintained subject to the criteria for maintenance of nonconforming signs,
listed in section (3), only until removed by the commission upon the payment of
just compensation under section
226.570,
RSMo; except those signs qualifying as landmark signs may be maintained subject
to the criteria for maintenance of non-conforming signs, in section
(3);
(D) Landmark Signs. Any signs
lawfully erected on or before October 22, 1965, including signs on farm
structures or natural surfaces regardless of their advertising message at the
date of erection, which are determined by the commission with the approval of
the United States Secretary of Transportation to have been of historical or
artistic significance on August 13, 1976, but which under state statutes
enacted after these signs were erected or because of changed conditions fail to
meet the sizing, spacing, lighting, or location requirements of sections
226.500-226.600, RSMo, or
7
CSR 10-6.020 are nonconforming signs. Landmark signs
may be located either within six hundred sixty feet (660') of the nearest edge
of the right-of-way and visible from the main-traveled way of any highway which
is a part of the interstate or primary system or beyond six hundred sixty feet
(660') of the right-of-way, visible from the main-traveled way of the
interstate or primary system and erected with the purpose of its message being
read from the traveled way. These landmark signs may be maintained subject to
the criteria for maintenance of nonconforming signs in section (3).
(3) Criteria for Maintenance of Nonconforming Signs. Reasonable maintenance and repair of nonconforming signs is permissible, however, violation of any one (1) or more of the following subsections (3)(A)-(F) of this rule disqualifies any sign from being maintained as a nonconforming sign and subjects it to removal by the commission without the payment of just compensation:
(A) Message
Content. Changes of advertising message content are permissible subject to the
following:
1. Landmark signs. In order to
continue to qualify as a landmark sign after August 13, 1976, the sign's
advertising message cannot be substantially changed, except that a change in
mileage, address, routing, course, or direction is permissible;
2. On-premises signs. Switching advertising
from on-premises activities to off-premises activities does not constitute a
changed condition so as to render the sign as nonconforming. A sign that
switches from advertising on-premises goods and services to off-premises goods
and services must meet all requirements of the law in effect at the time the
advertising is changed from on-premises to off-premises activities;
(B) Type of Materials. The type of
materials used in the construction of a sign will not be changed after the date
the sign becomes a nonconforming sign, except that a change of facing, panels,
message, or advertising does not constitute a change of type of materials. The
routine replacement of border and trim is permitted;
(C) Size. The size or area of a sign will not
be increased after the date the sign becomes a nonconforming sign. A net
decrease in the face of the sign will be permitted.
1. Temporary cutouts and extensions will not
be considered a substantial increase in size provided the cutout or extension
meets the following criteria:
A. The cutout or
extension area is thirty-three percent (33%) or less of the total display area
for each side of the sign, prior to the cutout or extension addition. The
commission will determine the method used in calculating the percentage of the
temporary cutout or extension; and
B. A cutout or extension may be added to
either side of a structure for a period of time of no more than three (3) years
for each side or the term of the display contract, whichever is the shortest.
After a side of an outdoor advertising structure has had a cutout or extension
for that time period, a cutout or extension cannot be placed on that side of
the structure for a period of six (6) months;
(D) Relocation or Repair of Nonconforming
Signs. Relocation of a nonconforming sign or repair of a deteriorated or
damaged nonconforming sign is a new erection as of the date the relocation or
repair is completed and these signs must then comply with the then effective
sizing, lighting, spacing, location, and permit requirements of sections
226.500-226.600, RSMo. Relocation of a nonconforming sign or repair of a
deteriorated or damaged nonconforming sign voids any permit issued by the
commission for the sign and the fee will be retained by the commission.
1. Repair of any deteriorated or damaged
nonconforming sign after the date the sign becomes a nonconforming sign is not
authorized. A deteriorated or damaged nonconforming sign is a sign upon which
more than fifty percent (50%) of the support pole(s) have been damaged or
replaced within a twelve- (12-) month period. A deteriorated or damaged
nonconforming sign is unlawful and any permit issued by the commission for the
sign will be voided and the fee will be retained by the commission. A
nonconforming sign which has only a deteriorated or damaged face is not a
deteriorated or damaged nonconforming sign but remains subject to section
226.580.1(4), RSMo. A nonconforming sign damaged by vandalism may be repaired
without being in violation of this section. The sign owner has the burden to
prove that the nonconforming sign was damaged by vandalism. Proof of vandalism
can be timely reports or complaints to sheriff's or proper police departments.
Vandalism for purposes of this rule is the willful destruction of a
nonconforming sign by a party other than the sign owner, property owner, or
lessor of the sign or business which is advertised on the sign. Any damage to
the nonconforming sign due to carelessness or negligence of any party does not
constitute vandalism.
A. For monopole signs no
more than fifty percent (50%) of the single support pole may be repaired or
replaced within a twelve-(12-) month period.
B. The fifty percent (50%) rule applies to
the height of the support pole(s) above ground.
2. Any movement of a sign structure is
considered a relocation;
(E) Other Improvements. The following shall
be prohibited for nonconforming signs:
1.
Illumination of the sign structure by a light(s) either attached or detached,
for the purpose of illuminating the display;
2. Raising or lowering of the height of any
sign structure;
3. Changing the
mode of advertising or message transition to a trivision, digital, projection,
or other changeable message sign;
4. Filling in the open space between stacked
signs and/or side-by-side signs with advertisement resulting in only one (1)
display area, except if the result would cause the sign to become a lawful
conforming sign under section
226.540,
RSMo; and
5. Adding to the
stabilization of the sign by attaching guys, struts, or other strengthening
devices.
(F) Abandonment
and Discontinuance. A nonconforming sign shall not be abandoned or discontinued
after the date the sign becomes nonconforming. Abandonment or discontinuance
occurs whenever-
1. The sign, for a
continuous period of twelve (12) months or more, advertises services or
products no longer available to the traveling public because the services or
products have been discontinued or cannot be obtained at the destination or by
the directions indicated on the sign; or
2. The sign, for a continuous period of
twelve (12) months or longer, is maintained without an advertising message. The
following are examples of signs maintained without an advertising message: A
sign with a message which is partially obliterated so as not to identify a
particular service or product, a sign which is blank or painted out, a sign
structure with no face or a sign with a message consisting solely of the name
of the sign owner;
(G)
Notice to Terminate Nonconforming Signs. When a sign is maintained in violation
of any one (1) or more of subsections (3)(A)- (F), the department's authorized
representative will issue a notice to terminate nonconforming sign to the sign
owner and the owner or occupant of the real property on which the sign is
located identifying the violation of the criteria for maintenance of the
nonconforming sign and the available remedial action to correct the violation
which may include removal of the sign. The notice to terminate the
nonconforming sign will also establish the length of time with a maximum time
of sixty (60) days for remedial action or removal of the sign (if a remedial
action other than removal of the sign is not available). The notice to
terminate the nonconforming sign may designate a time of less than sixty (60)
days for remedial action. Any time which is stated in a notice to terminate the
nonconforming sign for taking remedial action cannot change the time period to
request an administrative hearing. Any person given a notice to terminate the
nonconforming sign by the department's authorized representative is entitled to
an administrative hearing pursuant to the provisions of sections
536.067-536.090, RSMo by filing a written request for hearing with the
Secretary of the Missouri Highways and Transportation Commission, PO Box 270,
Jefferson City, MO 65102. The request for hearing must be received by the
commission secretary within thirty (30) days after receipt of the notice to
terminate the nonconforming sign by the applicant. The request for hearing must
be sufficient to identify the applicant requesting the hearing and each outdoor
advertising structure for which a hearing is requested. The act of mailing the
request for hearing does not constitute receipt by the commission secretary. No
answer or other response by the commission is necessary. An applicant will not
be entitled to a hearing if the applicant fails to request a hearing within
thirty (30) days after receipt of the notice to terminate the nonconforming
sign. Upon receipt of a request for hearing, the commission secretary forwards
the request to the hearing examiner for the commission and notifies the
department's authorized representative. Hearings for notices to terminate the
non-conforming sign are conducted pursuant to
7
CSR 10-6.090. The permit for any nonconforming sign as
defined in 7 CSR 10-6.060 will be surrendered upon removal of the
sign.
(H) All permit holders should
contact the outdoor advertising area permit specialist for the outdoor
advertising area in which the permitted outdoor advertising structure is
located in writing prior to making any changes to that structure. If they do
not make this contact with the specialist before making such changes, the
department shall not be liable for any loss due to the removal of and loss of
the permit for the outdoor advertising structure.
(4) Permits (see 7 CSR 10-6.070 for state permit requirements).
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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