Okla. Admin. Code § 730:35-5-14

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

Section 730:35-5-14 - On-premise signs

An "on-premise" sign advertises the activities conducted upon the property upon which they are located and signs advertising the sale or lease of the property on which they are located.

(1)Characteristics of an on-premise sign. A sign will be considered to be "on-premise" if it meets the following requirements:

(A)Premise. The sign must be located on the same premises as the activity or property advertised.

(B)Purpose. The sign must have as its purpose:

(i) the identification of the activity, or its products or services or

(ii) the sale or lease of the property on which the sign is located, rather than the purpose of the general advertising.

(2)Premises Test. The following criteria shall be used in determining whether a device is located the same premises as the activity or property advertised.

(A) The premises on which an activity is conducted is determined by physical facts rather than property lines. Generally, it is defined as the land occupied by the buildings or other physical uses essential to the activity including such areas as are arranged and designed to be used in connection with such building or uses.

(B) The following will not be considered to be a part of the premises on which the activity is conducted and any signs located on such land will be considered "off-premise" advertising.

(i) Any land which is not used as an integral part of the principal activity. This would include but is not limited to, land which is separated from the activity by a roadway, highway or other obstructions and not used by the activity and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility even though it might be under the same ownership.

(ii) Any land which is used for, or devoted to a separate purpose unrelated to the advertised activity. For example, land adjacent to or adjoining a service station, but devoted to raising crops, residence, or farmstead uses other than commercial or industrial uses having no relationship to the service station activity would not be part of the premises of the service station, even though under the same ownership.

(iii) Any land which is:

(I) at some distance from the principle activity, and

(II) in closer proximity to the highway than the principle activity, and

(III) developed or used only in the area of sign site or between the sign site and the principle activity, and

(IV) occupied solely by structures or uses which are only incidental to the principle activity, and which serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land for signing purposes. Generally, these will be facilities such as picnic, playground, or camping areas, dog kennels, golf driving ranges, skeet ranges, common or private roadways or easements, walking paths, fences, and sign maintenance sheds.

(C)Narrow Strips. Where the sign site is located at or near the end of a narrow strip contiguous to the advertised activity, the sign site shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configurations of land which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if it is located upon a narrow strip of land.

(3)Purpose Test. The following criteria shall be used for determining whether a sign has as its purpose (1) the identification of the activity located on the premises or its products or services, or (2) the sale or lease of the property on which the sign is located, rather than the business of outdoor advertising.

(A)General.

(i) Any sign which consists solely of the name of the establishment is an on-premise sign.

(ii) A sign which identifies the establishment's principle or accessory product or services offered on the premises is an on-premise sign.

(iii) An example of an accessory product would be a brand of tires offered for sale at a service station.

(B)Business of Outdoor Advertising.

(i) When an outdoor advertising device (1) brings rental income to the property owner, or (2) consists principally of brand name or trade name advertising, or (3) the product or service advertised is only incidental to the principle activity, it shall be considered the business of outdoor advertising and not an on-premise sign. An example would be a typical billboard located on the top of a service station building that advertised a brand of cigarettes or chewing gum which is incidentally sold in a vending machine on the property.

(ii) An outdoor advertising device which advertises activities conducted on the premises, but which also advertises, in a prominent manner, activities not conducted on the premises, is not an on-premise sign. An example would be a sign advertising a motel or restaurant not located on the premises with a notation or attachment stating "Skeet Range Here", or "Dog Kennels Here". The on-premise activity would only be the skeet range or dog kennel.

(C)Sale or Lease Signs. A sale or lease sign which also advertises any product or service not located upon and related to the business of selling or leasing the land on which the sign is located is not an on-premise sign. An example of this would be a typical: "This Property for Sale"; "Smith's Motel; 500 Rooms, Air Conditioned, Turn Right 3 blocks at Main Street".

Okla. Admin. Code § 730:35-5-14

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