Okla. Admin. Code § 730:35-5-10

Current through Vol. 42, No. 3, October 15, 2024

Section 730:35-5-10 - Exemption for directional signs lawfully erected prior to May 5, 1976

(a) For signs, displays, and devices to be eligible for exemption under this section the following conditions must exist or apply:

(1) They must have been lawfully erected prior to May 5, 1976.

(2) They must continue to provide directional information to goods and services in the interest of the traveling public and meet the requirements for directional content that were provided on May 5, 1976 as defined in 730:35-5-3 of this subchapter for "Directional Signs."

(3) They must be located within a defined area with clearly established geographical boundaries which functions as an economic unit or entity.

(4) Removal of the signs, displays, or devices would work a substantial economic hardship throughout the area.

(b) To obtain the exemption as permitted by this Section, any person, firm, or corporation engaged in the business of outdoor advertising must apply in writing to the Department before December 31, 1979 furnishing an acceptable economic impact study containing the following information:

(1) An analysis which identifies the key economic activities of the area.

(2) The limits of the defined area requested for exemption.

(3) A listing of signs to be exempted, their location and the name of the enterprise advertised.

(4) The number and location of nonconforming signs providing similar information for which no exemption is requested.

(5) The number of conforming sign sites and locations where such signs exist or could be lawfully erected.

(6) The number and location of on-premise signs clearly visible from the main-traveled way.

(c) Those signs identified in 730:35-5-10(b)(3) must be demonstrated to have a direct relationship with the economic well-being of those enterprises advertising goods and services to the traveling public and must contribute to the defined areas' economy, independent of those signs listed in 730:35-5-10(b)(4), (5), and (6) to such a degree that their removal would work a substantial economic hardship throughout the area. Furthermore, such signs, in and of themselves, must generate substantial business and income for and within the defined area.

(d) Upon approval by the Department and acceptance by the Federal Highway Administration (FHWA) all exempted nonconforming signs, displays, and devices must continue to be lawfully maintained and the message content must remain substantially the same as provided on May 5, 1976.

(e) The defined area and economic study will be reviewed and evaluated by the Department at least every three (3) years to determine if an exemption is still warranted.

(f) In the event the Department contacts a sign owner concerning the acquisition and removal of signs under a compulsory beautification project prior to December 31, 1979, the sign owner, at his option, will have ten (10) days to inform the Department, in writing, that he is applying for an exemption as provided in this Section. It will then be necessary to submit the economic impact study as required by 730:35-5-10(b) to the Department within sixty (60) days.

Okla. Admin. Code § 730:35-5-10

Amended at 17 Ok Reg 1384, eff 5-11-00