226.550. Permits, fees for, exemption--permits to be issued for existing signs, exceptions--biennial inspection fees, collection, deposit, exceptions--permit to erect sign lapses, when.
Permits, fees for, exemption--permits to be issued for existing signs,exceptions--biennial inspection fees, collection, deposit,exceptions--permit to erect sign lapses, when.
226.550. 1. No outdoor advertising which is regulated by subdivision(1), (3) or (4) of section 226.520 or subsection 1 of section 226.527 shallbe erected or maintained on or after August 28, 1992, without a one-timepermanent permit issued by the state highways and transportationcommission. Application for permits shall be made to the state highwaysand transportation commission on forms furnished by the commission andshall be accompanied by a permit fee of two hundred dollars for all signs;except that, tax-exempt religious organizations as defined in subdivision(11) of section 313.005, RSMo, service organizations as defined insubdivision (12) of section 313.005, RSMo, veterans' organizations asdefined in subdivision (14) of section 313.005, RSMo, and fraternalorganizations as defined in subdivision (8) of section 313.005, RSMo, shallbe granted a permit for signs less than seventy-six square feet withoutpayment of the fee. In the event a permit holder fails to erect a signstructure within twenty-four months of issuance, said permit shall expireand a new permit must be obtained prior to any construction.
2. No outdoor advertising which is regulated by subdivision (1), (3)or (4) of section 226.520 or subsection 1 of section 226.527 which waserected prior to August 28, 1992, shall be maintained without a one-timepermanent permit for outdoor advertising issued by the state highways andtransportation commission. If a one-time permanent permit was issued bythe state highways and transportation commission after March 30, 1972, andbefore August 28, 1992, it is not necessary for a new permit to be issued.If a one-time permanent permit was not issued for a lawfully erected andlawfully existing sign by the state highways and transportation commissionafter March 30, 1972, and before August 28, 1992, a one-time permanentpermit shall be issued by the commission for each sign which is lawfully inexistence on the day prior to August 28, 1992, upon application and paymentof a permit fee of two hundred dollars. All applications and fees duepursuant to this subsection shall be submitted before December 31, 1992.
3. For purposes of sections 226.500 to 226.600, the terminology"structure lawfully in existence" or "lawfully existing" sign or outdooradvertising shall, nevertheless, include the following signs unless thesigns violate the provisions of subdivisions (3) to (7) of subsection 1 ofsection 226.580:
(1) All signs erected prior to January 1, 1968;
(2) All signs erected before March 30, 1972, but on or after January1, 1968, which would otherwise be lawful but for the failure to have apermit for such signs prior to March 30, 1972, except that any sign orstructure which was not in compliance with sizing, spacing, lighting, orlocation requirements of sections 226.500 to 226.600 as the sectionsappeared in the revised statutes of Missouri 1969, wheresoever located,shall not be considered a lawfully existing sign or structure;
(3) All signs erected after March 30, 1972, which are in conformitywith sections 226.500 to 226.600;
(4) All signs erected in compliance with sections 226.500 to 226.600prior to August 28, 2002.
4. On or after August 28, 1992, the state highways and transportationcommission may, in addition to the fees authorized by subsections 1 and 2of this section, collect a biennial inspection fee every two years after astate permit has been issued. Biennial inspection fees due after August28, 2002, and prior to August 28, 2003, shall be fifty dollars. Biennialinspection fees due on or after August 28, 2003, shall be seventy-fivedollars. Biennial inspection fees due on or after August 28, 2004, shallbe one hundred dollars; except that, tax-exempt religious organizations asdefined in subdivision (11) of section 313.005, RSMo, service organizationsas defined in subdivision (12) of section 313.005, RSMo, veterans'organizations as defined in subdivision (14) of section 313.005, RSMo, andfraternal organizations as defined in subdivision (8) of section 313.005,RSMo, shall not be required to pay such fee.
5. In order to effect the more efficient collection of biennialinspection fees, the state highways and transportation commission isencouraged to adopt a renewal system in which all permits in a particularcounty are renewed in the same month. In conjunction with the conversionto this renewal system, the state highways and transportation commission isspecifically authorized to prorate renewal fees based on changes in renewaldates.
6. Sign owners or owners of the land on which signs are located mustapply to the state highways and transportation commission for biennialinspection and submit any fees as required by this section on or beforeDecember 31, 1992. For a permitted sign which does not have a permit, apermit shall be issued at the time of the next biennial inspection.
7. The state highways and transportation commission shall deposit allfees received for outdoor advertising permits and inspection fees in thestate road fund, keeping a separate record of such fees, and the same maybe expended by the commission in the administration of sections 226.500 to226.600.
(L. 1965 2d Ex. Sess. p. 900 § 6, A.L. 1972 S.B. 382, A.L. 1992 S.B. 652, A.L. 1996 H.B. 937, A.L. 1999 S.B. 61, A.L. 2002 H.B. 1196 merged with H.B. 1508)(1977) Held, signs not conforming to size, spacing, lighting, etc. are subject to removal without compensation but hearing must be provided. National Advertising Co. v. State Highway Commission (A.), 549 S.W.2d 536.