Oklahoma § 69-1278 - Signs becoming nonconforming - Removal - Exemptions

§ 69-1278. Signs becoming nonconforming - Removal - Exemptions

A. If, after March 28, 1972, any lawfully erected outdoor

advertising sign, display or device becomes nonconforming under the

provisions of Section 1271 et seq. of this title, such outdoor

advertising sign, display or device shall not be required to be

removed but shall be reclassified as a legal nonconforming structure

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

and allowed to remain within prescribed guidelines for such signs.

Provided, however, that notwithstanding the provisions of this

subsection, any such outdoor advertising sign, display or device

which was erected after July 1, 1975, and located in a control area

beyond six hundred sixty (660) feet from the nearest edge of the

right-of-way, and which becomes nonconforming as a result of Section

1271 et seq. of this title, is subject to removal after April 14,

1978. Provided, further, signs legally erected prior to July 1,

1975, in a control area beyond six hundred sixty (660) feet of the

nearest edge of the right-of-way of a controlled highway, which do

not conform to the provisions of Section 1271 et seq. of this title,

shall not be required to be removed before July 1, 1980.

B. The requirements herein contained pertaining to the size,

lighting or spacing of signs permitted in business areas shall apply

only to those signs erected subsequent to April 15, 1968, except for

those signs erected within six (6) months after April 15, 1968,

under a lease dated prior to April 15, 1968, and filed with the

Department within thirty (30) days following April 15, 1968.

C. Directional signs, displays or devices lawfully erected

prior to May 5, 1976, may be exempted from removal where the

following conditions exist:

1. The signs, displays or devices provide directional

information to goods and services in the interest of the traveling

public;

2. The signs, displays or devices are located within a defined

area with definite geographic boundaries and which functions as an

economic unit;

3. The Department of Transportation determines on the basis of

an economic impact study that the removal of such signs, displays or

devices would work a substantial economic hardship in the defined

area;

4. The Department shall establish rules and regulations for the

placement of new information signs for economic hardship areas;

5. The Department reviews its economic impact study

periodically and finds that continued exemption remains warranted;

6. The United States Secretary of Transportation concurs in the

Department's determination that exemption of signs, displays or

devices is warranted;

7. The signs, displays or devices are thirty-two (32) square

feet or less in dimension and have been erected by a church

organized under the provisions of Section 562 of Title 18 of the

Oklahoma Statutes and is recognized by the Internal Revenue Service

under Section 501(c)(3) of the Internal Revenue Code of 1986, as

amended.

Provided, further, that removal of nonconforming directional

signs, displays and devices providing directional information about

goods and services in the interest of the traveling public, not

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

exempted from removal pursuant to the provisions of this subsection,

shall be deferred until all other nonconforming signs have been

removed from the federal-aid primary and interstate systems in this

state.

Added by Laws 1968, c. 191, § 8, emerg. eff. April 15, 1968.

Amended by Laws 1972, c. 240, § 5, emerg. eff. March 28, 1972; Laws

1978, c. 199, § 5, emerg. eff. April 14, 1978; Laws 1988, c. 315, §

1, emerg. eff. July 6, 1988; Laws 2012, c. 189, § 1, eff. July 1,

2012; Laws 2012, c. 366, § 1.