Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 5 - Highway Advertising Control › Section 730:35-5-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Abandoned sign"
means a registered sign in need
				  of substantial repair, or which is overgrown by trees or other vegetation not
				  on the highway right-of-way or is otherwise no longer being utilized as an
				  outdoor advertising device, for a period of one (1) year, shall be considered
				  "abandoned" and any nonconforming or grandfather status granted by the Highway
				  Advertising Control Act shall be terminated. Leasing information shall not be
				  considered advertising content for purposes of this definition.
"Adjacent area"
or
"control area"
within urban areas means the area which is adjacent to and within six hundred
				  sixty (660) feet of the nearest edge of the right-of-way on any Interstate or
				  the National Highway System. The six hundred sixty foot (660) distance shall be
				  measured horizontally along a line perpendicular to, or ninety degrees
				  (90°) to the centerline of the highway. Outside of urban areas, adjacent
				  area or control area means the area which is visible from the main traveled way
				  on any interstate or the National Highway System and has the purpose of being
				  read. All spacing considerations are determined by whether or not they exist
				  within the adjacent or control area. Signs located outside the "control area"
				  will not be registered.
"Adjacent Property Owners"
means any person,
				  firm or corporation owning property which is located adjacent to a "Clearance
				  Area," as defined in this subsection. Applicant shall submit written consent
				  from any such property owner when making application for a clearance
				  permit.
"Advertisement"
means any writing, printing,
				  picture, painting, display, emblem, drawing, sign or similar device which is
				  posted or displayed outdoors on real property and is intended to invite or to
				  draw the attention or to solicit the patronage or support of the public to any
				  goods, merchandise, real or personal property, business, services,
				  entertainment or amusement manufactured, produced, bought, sold, conducted,
				  furnished, or dealt in by any person; the term shall also include any part of
				  an advertisement recognizable as such, whether a permanent or portable
				  installation, but shall not include surface markers showing the location or
				  route of underground utility facilities or pipelines or public telephone coin
				  stations installed for emergency use; nor shall same include temporary election
				  candidate campaign signs or voters' referendum signs, if erected not more than
				  forty-five (45) days prior to an election and removed within seven (7) days
				  following the election or within seven (7) days following the final election if
				  more than one is required to settle the advertised candidate election or
				  non-election, or referendum issue.
"Agreement"
means the agreement between the
				  Director of the Oklahoma Department of Transportation and the Secretary of the
				  Transportation of the United States, regarding the enforcement of the Highway
				  Beautification Act of 1965.
"Business area"
means any part of an adjacent
				  (control) area which is zoned for business, commercial or industrial activities
				  under the authority of any law of this state, or not zoned, but which
				  constitutes an unzoned commercial or industrial area as herein defined.
"Centerline of the highway"
means a line
				  equidistant from the edges of the median separating the main-traveled ways of a
				  divided highway, or the centerline of the main-traveled way of a non-divided
				  highway.
"Commercial or industrial area"
means any part
				  of a control area which is within six hundred sixty (660) feet of the nearest
				  edge of the right of way and is:
(A) Zoned for industrial or commercial activities under the
				  authority of any state zoning law, or city or county zoning ordinance of this
				  State. Any commercial or industrial area created or established by any zoning
				  authority must actually be capable of supporting commercial or industrial
				  activities. A zoning action which is not a part of a comprehensive zoning plan
				  and is created primarily to allow outdoor advertising structures does not
				  constitute valid zoning for outdoor advertising control purposes.
(B) Not zoned, but which constitutes an unzoned commercial or
				  industrial area as herein defined.
"Clearance Area"
means the area of state
				  right-of-way adjacent to property upon which a legal outdoor advertising sign
				  is located, of which said sign owner wishes to remove vegetation. This area
				  shall not exceed 800 feet in length, from any face of the sign, along the
				  highway. This distance shall be determined by measuring horizontally along the
				  highway from a line perpendicular from the support pole, nearest the highway,
				  of the sign to the centerline of the highway.
"Commercial and industrial activities"
means
				  those activities, clearly visible and recognized as a commercial or industrial
				  activity from the main traveled way, generally recognized as commercial or
				  industrial by zoning authorities in the state.
"Comprehensive zoning"
means a complete approach
				  to land use within the jurisdiction of a zoning authority. For example, the
				  mere placing of the label "zoned commercial or industrial" on land does not
				  constitute comprehensive zoning, but rather, the establishment of a complete
				  set of regulations to govern the land use within the entire jurisdiction of the
				  zoning authority.
"Control Area Measurement Methodology"
means the
				  standard method which is used by the Department for measuring all distances
				  between signs and disqualifiers. In measuring proper spacing between registered
				  signs and disqualifying factors, a line perpendicular from the sign site to the
				  centerline of the highway is first determined. The distance is then measured
				  from that line in each direction along the highway. Lines from those measured
				  points are then run perpendicular to the centerline of the highway extending
				  outward six hundred and sixty (660) feet from the nearest edge of the
				  right-of-way; on both sides of the roadway when undivided, or same side only,
				  if the roadway is divided. The area located inside this delineated space
				  constitutes the control area of the proposed sign location.
"Control of access"
means the Department shall
				  not issue a permit for any sign which cannot be erected or maintained from
				  private property without violating control of access boundaries.
"Customary maintenance"
means maintenance that
				  shall only include, change of message, replacing electrical wiring and bulbs,
				  painting of the face and structure, clearing vegetation (not on right-of-way),
				  reinforcing the structure with banding or nails, and repairing the apron or
				  catwalks. Additional maintenance activities may be approved upon written
				  request to the Department. An increase in dimension, any change in location,
				  increase in height, change in location in lighting, or the addition of lighting
				  does not constitute customary maintenance. An increase, change, addition or any
				  maintenance which is not listed above, shall terminate any nonconforming or
				  grandfather status granted by the Act and the sign shall be considered illegal,
				  thus a public nuisance subject to summary abatement and removal without
				  compensation.
"Damage"
means injury or harm as a result of
				  wear and tear, storms, or other natural causes including, but not limited to,
				  insect damage. If such damage occurs, the owner of the damaged sign shall
				  notify the Department by letter within thirty (30) days of the occurrence,
				  giving the sign's registration number, date damage occurred, whether or not the
				  sign will be repaired, an itemized list of repairs, and a picture of the
				  damaged structure. Failure to comply with any part of the above requirements
				  before repairing a damaged sign shall result in forfeiture of any nonconforming
				  or grandfather status granted by the 1972 Highway Advertising Control Act.
				  After receiving authorization and repairs have been completed, the owner shall
				  send a picture of the repaired structure to the Department.
"Department"
means the Oklahoma Department of
				  Transportation.
"Destroyed"
means that a sign shall be
				  considered destroyed when damaged, from any cause except a criminal or tortious
				  act, exceeds fifty percent (50%) of the sign structure.
"Directional signs"
means signs giving
				  directional information about goods and services of interest to the traveling
				  public. Such signs shall be limited to those pertaining to rest stops, camping
				  grounds, food services, fuel and automotive services, and lodging.
"Director"
means the Director of the Department
				  of Transportation or his designee.
"Discontinued"
or
"blank sign"
means a registered sign not displaying products or service advertising contents
				  for a period of one (1) year shall be considered discontinued and removed at
				  the expense of the sign owner. Leasing information shall be considered
				  advertising content for purposes of this definition.
"Divided highway"
means that part of a primary
				  highway which has been constructed as divided, dual lane fully controlled
				  access to the throughways except for the established interchanges.
"Federal-aid primary highway"
means any highway
				  at any time officially designated as part of the Federal-aid Primary System by
				  the Department and approved by the appropriate authority of the federal
				  government.
"Grandfathered sign"
means a sign which was
				  lawfully erected but does not comply with all the provisions of the State law
				  or State regulations passed at a later date or later fails to comply with State
				  law or State regulations due to changed conditions. Illegally erected or
				  maintained signs are not nonconforming signs. (Same as Non-conforming
				  (grandfathered) sign.)
"Illegal sign"
means signs that are situated in
				  control areas adjacent to Interstate and Federal-aid Primary Systems which are
				  outside zoned and unzoned commercial or industrial areas, are not listed on the
				  1972 inventory and do not qualify either as on-premise, directional or official
				  signs and notices required or authorized by law. Signs erected within zoned and
				  unzoned commercial and industrial areas without the benefit of a permit or
				  which are erected or maintained not in accordance with permit requirements are
				  also illegal.
"Informational signs"
mean signs containing
				  directions or information about public persons or public places which are owned
				  or operated by federal, state, or local governments or their agencies. It also
				  refers to public or privately owned natural phenomenon, historic, cultural,
				  educational, or religious sites, and areas of natural scenic beauty or
				  naturally suited for outdoor recreation, when deemed to be of interest to the
				  traveling public. Informational signs do not include political campaign signs
				  or posters.
"Interstate highway"
means any highway at any
				  time officially designated a part of the National System of Interstate and
				  Defense Highways by the Department and approved by the United States Department
				  of Transportation.
"Lease"
means an agreement, in writing, by which
				  possession or use of land or interests therein is given by the owner to another
				  person for a specified period of time.
"License"
means the privilege granted by the
				  Department to do business as an outdoor advertising company in the State of
				  Oklahoma.
"Main traveled way"
means the traveled portion
				  of a highway on which through traffic is carried. In the case of a divided
				  highway, the traveled way of each of the separated roadways for traffic in
				  opposite directions is a main traveled way. It does not include such facilities
				  as frontage roads, turning roadways, or parking areas.
"Maintain"
means to hold or keep in a state of
				  continuing existence.
"Non-conforming (grandfathered) sign"
means a
				  sign which was lawfully erected but does not comply with all the provisions of
				  the State law or State regulations passed at a later date or later fails to
				  comply with State law or State regulations due to changed conditions. Illegally
				  erected or maintained signs are not non-conforming signs.
"Non-conforming (grandfathered) sign
				  maintenance"
means the sign must remain substantially the same as it
				  existed on the effective date of State law. (Also see "Customary Maintenance"
				  and "Destroyed" above.)
"Official signs and notices"
mean signs and
				  notices erected and maintained by public officers or public agencies within
				  their territorial or zoning jurisdiction and pursuant to and in accordance with
				  direction or authorization contained in federal or state law for the purpose of
				  carrying out an official duty or responsibility. These signs must not exceed
				  thirty-two (32) total square feet in area.
"On-premise sign"
mean signs consisting solely
				  of the name of the establishment, or which identify the establishment's
				  principal or accessory products, or the services which are offered on the
				  business premises. Signs advertising the sale or lease of the property on which
				  they are located, are considered on-premise signs. Signs located on narrow
				  strips of land contiguous to the advertised activity when the purpose clearly
				  is to circumvent the Oklahoma Highway Advertising Control Act shall not qualify
				  as on-premise signs. (See
				  730:35-5-14)
"Outdoor advertising business"
means any person,
				  firm or corporation which builds, leases, sells, or rents advertising space
				  upon an outdoor advertising sign, display or device to others for
				  profit.
"Permittee"
means a person, firm or corporation
				  who has applied for and received a permit from the Department for the express
				  purpose of removing brush and/or trees from the state highway
				  rights-of-way.
"Primary highway"
means any highway at any time
				  officially designated a part of the Federal-aid Primary System by the
				  Department and approved by the United States Department of
				  Transportation.
"Public utility signs"
mean warning signs,
				  informational signs, notices or markers which are customarily erected and
				  maintained by publicly or privately owned utilities, as essential to their
				  operations.
"Rest area"
means an area or site established
				  and maintained within or adjacent to the highway right-of-way by or under
				  public supervision or control for the convenience of the traveling
				  public.
"Scenic turnout"
means an area or site
				  established and maintained within or adjacent to the highway right-of-way by or
				  under public supervision or control which provides a shelter off the
				  main-traveled way for stopped vehicles for the purpose of viewing an area of
				  scenic significance.
"Service club and religious notices"
mean signs
				  and notices relating to the existence or meetings of non-profit service clubs,
				  including but not limited to, garden clubs, charitable associations or
				  religious services. Service club or religious notice signs shall not exceed
				  eight (8) square feet in area.
"Sign, outdoor advertising"
or
"outdoor
				  advertising device"
means any outdoor sign, display, device, notice,
				  figure, painting, drawing, message, placard, poster, billboard or other thing
				  which is designed, intended or used to advertise or inform, any part of the
				  advertising or information contents of which is visible from any place on the
				  main-traveled way of the Interstate or National Highway System. It includes
				  permanent or portable installations, but shall not include surface markers
				  showing the location or route of underground utility facilities or pipelines or
				  public telephone coin stations installed for emergency use. It also shall not
				  include temporary election candidate campaign signs or voters' referendum
				  signs, if erected not more than 45 days prior to an election and removed within
				  7 days following the election or within 7 days following the final election if
				  more than one election is required to fill the office or settle the referendum
				  issue.
"Sign facing"
means the total advertising
				  surface of an outdoor advertising sign, display or device which is visible from
				  the main-traveled way of the highway. For purposes of this definition, a single
				  sign facing may consist of one or more sign panels facing in one
				  direction.
"Sign panel"
means a separate advertising area
				  contained upon a sign facing, including any border or trim, but excluding
				  ornamental base or apron supports; provided however, that such ornamental base
				  or apron supports shall not contain an advertising message or messages.
"Sign standards by sign type"
means Class "A"
				  signs, Class "B" signs, Class "C" signs, Class D signs, "on premise" signs,
				  exempt signs, prohibited signs and all their zoning, spacing, lighting and size
				  requirements. (See
				  730:35-5-12,
				  730:35-5-13,
				  730:35-5-14,
				  730:35-5-15, and
				  730:35-5-16.)
"Sign structure support"
includes all
				  structures, poles, bracings, lateral supports and other material of every kind
				  and nature used to support a face or surface on which outdoor advertising is
				  placed, whether located on or attached to the surface of the earth or man-made
				  structure.
"The Act"
means the Highway Advertising Control
				  Act contained in Title 69 O.S., Section
				  1271
				  et seq., and any amendments thereto.
"To erect", and variants of the verb "to erect"
,
				  means to construct, build, raise, assemble, place, affix, attach, create,
				  paint, draw, or in any other way bring into being or establish. These shall not
				  include any of the foregoing activities when performed as incident to the
				  change of advertising message or customary maintenance of the sign structure.
				  Any relocation of the sign structure, however slight, from one site to another
				  site shall be deemed to be within the meaning of the verb "to erect" and its
				  variants.
"Truck weighing station"
means an area or site
				  established and maintained within or adjacent to the highway right-of-way and
				  upon which are located permanent truck weighing facilities operated by the
				  Department, the Department of Public Safety, and/or the Oklahoma State Tax
				  Commission.
"Unzoned commercial or industrial areas"
means
				  those areas which are not zoned by state or local law, regulation or ordinance,
				  and on which there is located one or more permanent structures devoted to a
				  commercial or industrial activity or on which a commercial or industrial
				  activity is actually conducted, whether or not a permanent structure is located
				  thereon. No area upon which a commercial or industrial activity is conducted
				  shall be considered as an unzoned commercial or industrial area if the
				  commercial or industrial activity is conducted as a method, scheme or ruse
				  designed for the purpose of conducting the business of outdoor advertising.
"Urban area"
means an urbanized area or, in the
				  case of an urbanized area encompassing more than one state, that part of the
				  urbanized area in each state, or an urban place as designated by the Bureau of
				  the Census having a population of five thousand (5,000) or more and not within
				  any urbanized area, within boundaries to be fixed by responsible state and
				  local officials in cooperation with each other, subject to approval by the
				  Secretary of Transportation. Such boundaries shall, as a minimum, encompass the
				  entire urban place designated by the Bureau of the Census.
"Visible"
means capable of being seen without
				  visual aid by a person of normal visual acuity.
"Zoned commercial or industrial areas"
means
				  those area zoned for commercial or industrial activities under the authority of
				  any state law, or city or county zoning ordinance of this state. Any commercial
				  or industrial area created or established by any zoning authority must actually
				  be capable of supporting commercial or industrial activities. Any state or
				  local zoning action which is not a part of a comprehensive zoning plan, such as
				  strip zoning, spot zoning, or variances created primarily to allow outdoor
				  advertising structures, will not be recognized by the Department as zoning for
				  outdoor advertising purposes.
Amended at 10 Ok Reg
				  4695, eff 10-11-93; Amended at 11 Ok Reg 4697, eff 8-16-94 (emergency); Amended
				  at 12 Ok Reg 1287, eff 5-11-95; Amended at 17 Ok Reg 1384, eff 5-11-00; Amended
				  at 26 Ok Reg 1703, eff 7-1-09; Amended at 29 Ok Reg 1495, eff
				  6-25-12