Okla. Admin. Code § 730:35-5-12

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

Section 730:35-5-12 - Class "A" signs

(a)Site requirements. Class "A" permitted signs must be located in a commercial or industrial area as defined in 730:35-5-3.

(1)Zoning Qualifications.

(A) Property upon which signs are to be erected within the control area must be zoned comprehensively for business, commercial or industrial activities under the authority of any state zoning law, or city or county zoning ordinance of this state, but shall not include areas which reflect strip or spot zoning granted strictly for the purpose of outdoor advertising.

(B) To determine whether a zoning action, past or present, is an attempt to circumvent outdoor advertising law or regulations, the following factors shall be taken into consideration:

(i) expressed reason for zoning

(ii) zoning for the surrounding area

(iii) actual land use

(iv) existence of plans for commercial or industrial development

(v) proper access to property

(vi) availability of utilities (water, electricity, sewage) in the newly zoned area, and

(vii) whether or not the property is being assessed in accordance with zoning.

(C) Failure to meet zoning qualifications based on the factors set forth in this subsection is grounds for permit denial. It is the responsibility of the applicant to provide support documentation if zoning is determined to be questionable. Questionable zoning would include areas which have no visible indications of development, are separated from the primary urban area under which authority they are zoned and areas which are being primarily used for agricultural, ranching or residential purposes.

(2)Commercial or Industrial Activity Requirements. Property upon which signs are to be erected must be unzoned but the sign is to be located within six hundred (600) feet of a qualifying commercial or industrial activity. The considerations are as follows:

(A) Such an activity shall be equipped with all customary utilities, facilities and open to the public regularly or regularly used by the employees of the business as their principal work station or which due to the nature of the business is equipped, staffed, and accessible to the public as is customary. The activity must be clearly identified and recognized as a business from the main-traveled way. The majority of the business activity must be conducted on the premises during normal business hours. Permit applicant may be required to provide sufficient documentation to demonstrate the status of the activity as a qualifying commercial or industrial business.

(B) It includes the area along the highway extending outward six hundred (600) feet from and beyond the edge of the regularly used area of said activity in each direction and a corresponding zone directly across a primary highway which is not also a limited or controlled access highway. All measurements shall be made from the edge of the regularly used building, parking lots, storage or processing areas of the commercial or industrial activity, not from the property lines of the activity and shall be along or parallel to the edge of the pavement of the highway. Provided however, the unzoned area shall not include land on the opposite side of an interstate or dual-laned limited access primary highway from the commercial or industrial activity establishing the unzoned commercial or industrial area.

(C) None of the following, but not limited to the following, shall be considered commercial or industrial activities for the purpose of outdoor advertising:

(i) outdoor advertising structures

(ii) agricultural, forestry, ranching, grazing, farming, and related activities, including but not limited to wayside fresh produce stands

(iii) transient or temporary businesses and activities

(iv) activities more than six hundred sixty (660) feet from the nearest edge of the right-of-way

(v) activities conducted in a building principally used as a residence

(vi) local, county, state or federal governmental offices or entities

(vii) recreational activities which are designed to present park-like or pastoral aesthetic features to the travelling public. (Including but not limited to golf course greens and fairways, hunting club acreages, or other such type activities.)

(b)Spacing.

(1)Interstates and Controlled Access Primary Highways.

(A) No two (2) registered sign structures which are visible from the highway at any one time shall be spaced less than one thousand (1,000) feet apart on the same side of the highway.

(B) Outside incorporated municipalities, no structure shall be located within five hundred (500) feet of an interchange/ramp, intersection, intersection at grade, or rest area (measured along the interstate or freeway from the sign to the nearest point of the beginning or ending of the pavement widening at the exit or entrance to the main-traveled way).

(2)Primary Highway System (non-controlled access).

(A) Inside the limits of an incorporated municipality, no two (2) registered sign structures shall be spaced less than one hundred (100) feet apart on the opposite side of the highway and three hundred (300) feet on the same side of the highway.

(B) Outside the limits of an incorporated municipality, no two (2) registered sign structures shall be spaced less than three hundred (300) feet apart.

(C) Such spacing applies unless the signs are separated by a building or other obstruction in such a manner that only one display is visible from the highway at any one time from either lane of traffic.

(3)Explanatory notes.

(A) Directional, official, and exempt signs as herein defined, shall not be counted nor shall measurements be made from them for the purpose of determining compliance with spacing requirements.

(B) The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway. Distances shall be measured utilizing the points of signs or staked locations nearest the highway.

(4)Disqualifiers.

(A) Signs shall not be located within five hundred (500) feet of any of the following which are adjacent to any interstate (on the same side of the highway) or federal-aid primary highway:

(i) public park

(ii) public forest

(iii) playground

(iv) cemetery

(B) Signs in unzoned commercial or industrial areas shall not be located within five hundred (500) feet of the following which are adjacent to any interstate (on the same side of the highway) or federal-aid primary highway:

(i) church

(ii) school

(iii) historical battlefield

(iv) rest area

(C) Signs in unzoned commercial or industrial areas shall not be located within three hundred (300) feet of any residence without a written consent.

(5) For the purpose of providing a method and opportunity to minimize the cost of acquiring legally erected outdoor advertising signs to be taken when the state purchases land under eminent domain, the Director of the Department shall have the option to approve the issuance of permits for outdoor advertising signs visible from interstate and freeway primary facilities which are to be erected less than one thousand (1,000) feet from another such sign. Permits issued pursuant to this option shall be only for the purpose of providing a relocation site for a sign being taken by the state, and in no case shall such permits allow an outdoor advertising sign to be erected less than the distance provided for in this title from another such sign. Provided, when the Department issues a permit pursuant to this subsection to accommodate the relocation of a structure:

(A) If the structure to be removed is visible from an interstate highway inside an incorporated area, the relocation site shall be inside the same incorporated area and shall be visible from an interstate highway.

(B) If the structure to be removed is visible from a freeway primary highway inside an incorporated area, the relocation site shall be inside the same incorporated area and shall be visible from a freeway primary highway or an interstate highway.

(C) If there are not suitable relocation sites meeting the provisions of subparagraph A of this paragraph and the structure to be removed is visible from an interstate highway inside an incorporated area, notwithstanding the provisions of subparagraph A of this paragraph, the Department may issue a permit for a relocation site outside of the incorporated area which shall be visible from an interstate highway, and

(D) If there are no suitable relocation sites meeting the provisions of subparagraph B of this paragraph and the structure to be removed is visible from a freeway primary highway inside an incorporated area, notwithstanding the provisions of subparagraph B of this paragraph, the Department may issue a permit for a relocation site outside of the incorporated area which shall be visible from a freeway primary highway or an interstate highway.

(E) Provided further, the square footage of display face on the relocated sign shall not exceed the square footage of display face of the taken sign. The Transportation Commission shall have the authority to promulgate rules necessary to implement the use of the permit option provided for in this subsection and to request the cooperation of municipalities where local permits are required.

(6) Notwithstanding any other provision of law, the Department shall, after determining the need to acquire property upon which outdoor advertising structures are located, have the authority to negotiate directly with the owner of the outdoor advertising structure the terms for maintaining such structures in their current position or for the relocation of such structures. Such negotiations may begin prior to the Department's initiation of formal condemnation proceedings and shall be completed within six (6) months or at the time of the court-appointed appraiser's report, whichever occurs first. The owner of the outdoor advertising structure shall initiate such negotiations by written request to the Department, provided such request shall include proof of sole ownership of the structure. Nothing in this section shall be construed to prevent the owner of the land from pursuing a claim of interest in any lease existing between the landowner and the outdoor advertising structure owner, or to prevent the outdoor advertising structure owner from pursuing a claim for fair market value of the owner's interest if negotiations with the Department for a lease or structure relocation arrangement are not successful.

(c)Lighting. Signs may be illuminated, subject to the following restrictions:

(1) Signs which contain, include, have attached or are illuminated by any flashing, intermittent or moving light, or lights which involve moving parts are prohibited, except on-premise signs and those giving public service information, such as, but not limited to, time, date, temperature, weather, news, or similar information.

(2) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or impair vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle, are prohibited.

(3) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures any official traffic sign, device or signal, or imitates or may be confused with any such official traffic sign, device or signal.

(4) A non-conforming (grandfathered) sign cannot have lighting added after it has become non-conforming.

(5) Signs which include the steady illumination of sign faces, panels or stats that rotate to different messages in a fixed position, commonly known as tri-vision faces or multiple message signs are allowed; provided, the rotation of one (1) sign face to another is no more frequent than every eight (8) seconds and the actual rotation process is accomplished in four (4) seconds or less. Some LED type displays may be used under these guidelines, however moving or flashing lights are strictly prohibited. Change from one panel to another must be accomplished with static displays only. Scrolling or fading from one display to the next is not allowed.

(6) Approval to upgrade an existing Class A registered sign to allow Tri-Vision or LED technology to a registered sign not already designated with such use must be obtained from the Outdoor Advertising Control Branch prior to actual changes being made. Request for approval must be submitted in writing, listing the Registration Number, type of technology intended and a document confirming current land use consent.

(d)Size.

(1) The maximum area for any one sign shall be one thousand two hundred (1,200) square feet including border and trim, but not including the base or apron, supports and other structural members. If an advertising message appears on the base or apron, it must be included as part of maximum allowable area. The sign may not be more than twenty-five (25) feet in height or sixty (60) feet in length.

(2) The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign, including any cutouts or extensions.

(3) The maximum size limitations shall apply to each side (facing) of a sign structure. Two (2) signs not exceeding six hundred (600) square feet each may be erected in a facing, "side by side" or "double decked" (stacked.) "Back to back" and "V-type" signs will be permitted and shall be treated as one structure with one thousand two hundred (1,200) square feet permitted for each facing. "V-type" signs shall not exceed thirty (30) feet between faces at the widest point. "Tri-face" signs are prohibited.

Okla. Admin. Code § 730:35-5-12

Added at 17 Ok Reg 1384, eff 5-11-00; Amended at 26 Ok Reg 1703, eff 7-1-09