Or. Admin. Code § 734-059-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-059-0015 - Definitions

Definitions under this rule are applicable to Oregon Administrative Rule Divisions 59, 60, 63 and 65.

(1) The terms "neat," "clean," "attractive," and "good repair" as used in ORS 377.710(17) and 377.720(7) are defined as follows:

(a) The terms "neat" and "attractive" mean without rotting or broken parts, having parts that are solid and sound, without chipping or peeling paint, paper, vinyl or plastic, without graffiti, and without faded, washed-out or illegible copy. The terms apply to all component parts of a sign.

(b) The term "clean" means free of dirt, unsoiled, without grime or soot. The term does not include a minor dust coating that is undetected from the main-traveled way of a state highway. The term applies to all component parts of a sign that are visible to the main-traveled way of a state highway.

(c) The term "good repair" means having sound and solid parts, without rotting or broken parts, firmly fixed in place so as to be able to withstand a wind pressure of 20 pounds per square foot of exposed surface. The term includes all component parts of a sign.

(2) In interpreting ORS 377.720(9) to be considered "used in transportation" the owner or operator must demonstrate the vehicle or trailer is regularly used in a manner consistent with its usual purpose. The Department may consider but is not limited to the following factors:

(a) Whether it is used only for storage;

(b) Whether it is incapable of being moved in its normal way, such as due to a flat tire or mechanical problems;

(c) Whether its movement would be illegal such as if its registration has expired;

(d) Whether its location is compatible with being regularly used in transportation;

(e) How frequently it is moved;

(f) How far it is moved;

(g) Whether any change in location appears to be a mere attempt to qualify a sign structure under the exemption.

(3) In interpreting ORS 377.773, "abandoned" means any sign that does not have a message on the display surface for a period of six months, a sign for which there is no display surface for a period of six months or a sign whose structure has been removed for a period of six months. For abandoned signs under ORS 377.773 the sign permit may be canceled at the end of the 6-month period.

(4) In interpreting ORS 377.700 to 377.844 and 377.992 the term "person" includes individuals, joint ventures, partnerships, corporations and associations or their officers, employees, agents, lessees, assignees, trustees or receivers.

(5) In interpreting ORS 377.700 to 377.844 and 377.992, the Outdoor Advertising Sign Permit owner is the owner of the sign authorized by the permit. An Outdoor Advertising Sign Permit Owner is a single person, or their authorized representative, who holds the right to authorize an activity associated with the permit including sign reconstruction, direct relocation, relocation credit request or the sale of a sign permit or relocation credit. A sign permit or relocation credit can only be owned by a single person or entity, and must be wholly owned by that person or entity. A sign permit or relocation credit may not be divided among multiple parties by percentage ownership, nor may it be issued to multiple parties.

(6) For a sign to be considered at a place of business or activity open to the public, for the purposes of the outdoor advertising sign program, some portion of regularly used buildings, parking lot, or storage or processing area must be visible from the state highway, with signage placed on, or immediately adjacent to, those portions of the business or activity.

(7) In interpreting ORS 377.735(1)(b)(C) a residence means a dwelling, grounds and physical areas necessary or customarily incident to the dwelling and may include garages, barns, parking and garden areas, that are arranged to be used in immediate connection with the dwelling and its customary residential uses. Fields used for crops or grazing are not considered a part of the residence for the purposes of the sign program.

(8) In interpreting ORS 377.710(30): a sign that is a "wall sign" (also termed a 'wallscape') means a sign where the message or content of the display is attached, affixed or otherwise applied to the exterior wall of an existing building. In the case where a wall sign must be removed to cure a violation of the OMIA, or where the wall sign is being removed to request a relocation credit, the physical exterior building wall is not considered a 'component' of the sign, or a part of the sign structure.

(9) In interpreting ORS 377.710(34), under 'sign structure', a wall sign's "display surface" does not include the exterior wall of the building. The 'sign structure' for a wall sign placed on an exterior building wall includes all parts of the message being displayed, as well as any apparatus used to affix or adhere the message to the exterior wall, and any lighting or illumination used in conjunction with the sign.

(10) In interpreting ORS 377.710(20) a non-conforming sign must stay substantially the same as it was on the date it became a legally located non-conforming sign, unless it can be legally reconstructed; and, thereby, be made conforming. To remain substantially the same, the sign may not have any changes to the sign face area, height, length or the structural materials used. All structural material replacements must be like kind replacements (e.g. wood structural members must be replaced with wood; steel structural materials must be replaced with steel, etc.)

(11) In interpreting ORS 377.710(17)"maintain" includes the reasonable repair and maintenance necessary to keep the sign structure in a state of good repair, including the replacement in kind of materials in the sign structure.

(a) Where the replacement of materials is involved, such replacement may not exceed 50% of the structural materials in the sign within any 24 month period. Structural materials mean all those materials incorporated into the sign as load-bearing parts, including vertical supports, horizontal stringers, braces, bracing wires, brackets, and catwalks.

(b) Structural materials do not include the sign face, any skirt, or electrical service, except where such items have been incorporated into the sign as load-bearing parts.

(12) In interpreting ORS 377.710(23)"reconstruct" includes, but is not limited to, a modification of the structure, or the type of structure, to add additional sign faces, to increase or decrease the size of the sign face(s), to increase or decrease the sign's height above grade or ground level (HAGL), to convert a wood sign structure to a metal structure, or wood elements to steel, or other metal, elements.

(13) "Outdoor Advertising Control System" (OACS) is the electronic database and web interface used by the Outdoor Advertising Sign Program to maintain records for the Outdoor Advertising Sign Program. The OACS allows permit holders to access their permit information, submit applications and action requests, and to make online payments.

(14) "Action Request" as used in the OACS is a request relating to permits or relocation credits, which does not automatically require Departmental approval. Action Requests include banking a relocation credit, transferring a sign permit or relocation credit from one owner to another, requesting a replacement permit plate, or aggregating relocation credits, as allowed in statute. After receipt, the Department will confirm that the request is valid, meets the applicable legal requirements and that the requester has paid any associated fees.

(15) For purposes of determining the spacing between signs in ORS 377.750, the Department shall measure the distances along each highway to which a sign is visible. When a permitted sign is visible to more than one highway, the spacing requirement is applied for all signs on the same side of each highway.

(16) Highway Beautification Purchase Site (Purchase Site), is a location designated by the ODOT highway number, side of highway, and milepoint, where a legally permitted outdoor advertising sign was previously located; and where the sign permit and the property owner's right to use the location to post an outdoor advertising sign was 'purchased' under the Federal Highway Beautification Act of 1965 and subsequent Federal Legislation and the Oregon Motorist Information Act of 1971. Sign and site owners, who participated were paid just compensation for the permanent removal of the sign and a prohibition from locating any future outdoor advertising signs within 500 feet of either side of the purchase site. Property owners of the purchase sites signed binding agreements with the State of Oregon that act as deed restrictions against the erection of any outdoor advertising signs for that owner and any successor owner of the property. A list of purchase sites may be requested from the Department.

(17) Scenic Area has the meaning given in ORS 377.505(2). Outdoor Advertising Signs are prohibited in any area designated by final order as a Scenic Area. Outdoor Advertising Signs may not be erected, maintained or relocated to a Scenic Area. A list of those highways and milepoints that are designated Scenic Areas in Oregon is available upon request.

Or. Admin. Code § 734-059-0015

TO 4-2002, f. & cert. ef. 4-15-02; HWD 1-2009, f. & cert. ef. 2-20-09; HWD 11-2014, f. & cert. ef. 12/19/2014; HWD 4-2016, f. & cert. ef. 11/28/2016; HWD 2-2021, amend filed 03/12/2021, effective 3/12/2021

Statutory/Other Authority: ORS 184.619

Statutes/Other Implemented: ORS 377.505, 377.510, 377.710, 377.720, 377.750 & 377.767