Or. Admin. Code § 734-060-0007
Current through Register Vol. 63, No. 10, October 1, 2024
Section 734-060-0007 - Digital Billboard Procedures(1) This rule describes the process for applying for a permit for a digital billboard. (2) Definitions for the purposes of this rule: (a) "Sign" means the sign structure, the display surfaces of the sign, and all other component parts of the sign. (b) "Retire" means to use a relocation credit such that it no longer exists or to remove an existing sign to become a relocation permit or credit for use. (c) "Bulletin" means an outdoor advertising sign with a display surface that is 14 feet by 48 feet. (d) "Poster" means an outdoor advertising sign with a display surface that is 12 feet by 25 feet. (e) "Digital Billboard" means an outdoor advertising sign that is static and changes messages by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once every eight seconds and the actual change process is accomplished in two seconds or less. (3) Qualifications for receiving a digital billboard state sign permit: (a) The proposed site and digital billboard must meet all requirements of the OMIA including, but not limited to, the following: (A) The digital billboard is not illuminated by a flashing or varying intensity light. (B) The display surface of the digital billboard does not create the appearance of movement. (C) The digital billboard must operate at an intensity level of not more than 0.3 foot-candles over ambient light as measured by the distance to the sign depending upon its size. (D) The distance measurement for ambient light is: 150 feet if the display surface of the sign is 12 feet by 25 feet, 200 feet if the display surface is 10.5 by 36 feet, and 250 feet if the display surface is 14 by 48 feet. (b) Applicant must submit a completed application for a digital billboard state sign permit using the approved form that may be obtained by one of the following methods: (A) Requesting from Sign Program Staff by phone at 503-986-3650; (B) Email: OutdoorAdvertising@odot.state.or.us; (c) The Department shall confirm that any existing permitted Outdoor Advertising Sign or relocation credit being retired for the purpose of receiving a new digital billboard state sign permit has been removed within the 180 days allowed to construct the new permitted sign. The Department will not charge a Banking Permit Fee for the cancellation of state sign permits retired for the purpose of receiving a new digital billboard permit. (4) This section sets forth the criteria for determining the required relocation credits or existing permitted signs that an applicant shall retire to receive one new digital billboard state sign permit: (a) Applicants who own 10% or less of all active relocation credits at the time the application is submitted shall either remove one existing state permitted outdoor advertising sign with a display area of at least 250 square feet or provide one active relocation credit of at least 250 square feet and retire that permit. Applicants meeting these criteria are not limited to either "Bulletin" or "Poster" billboards. (b) Applicants who own more than 10% of all active relocations credits shall apply for a new digital billboard state sign permit as follows: (A) For a digital billboard that is intended to be a bulletin, the applicant has three options: (i) Remove two existing bulletins, retire the permits for those signs, and retire three relocation credits; or (ii) Remove one existing bulletin and two existing posters, retire those permits and retire three active relocation credits; or (iii) Remove four existing posters, retire the permits for those signs, and retire three relocation credits. (B) For a digital billboard that is intended to be a poster, the applicant has two options: (i) Remove two existing posters, retire the permits for those signs, and retire three relocation credits; (ii) Remove one existing bulletin, retire the permit for that sign, and retire three relocation credits. (c) For an active relocation credit to be eligible it must be at least 250 square feet. All permits and relocation credits submitted under these procedures will be permanently cancelled and are not eligible for renewal. (d) Any state sign permits submitted for retirement must include the written statement notifying the Department that the "lease has been lost or cancelled." (5) The Department will determine the percentage of relocation credits owned by an applicant by dividing the total number of unused relocation credits by the total number of unused relocation credits owned by the applicant on the day the application is received. (6) Two digital billboard state sign permits are required for any back to back or V-type digital sign. A separate application is required for each digital sign face. (7) The first time a digital billboard is permitted it is not subject to the 100-mile rule in ORS 377.767(4). The site of the newly permitted billboard will become the established location for future reference. (8) Relocation of permitted digital billboards. The Department will issue one digital relocation credit for each permitted digital sign that is removed. The digital relocation credit issued will be for the same square footage as the permitted digital sign that was removed. A digital relocation credit can only be used to relocate a digital billboard. A permitted digital sign can only be reconstructed as a digital billboard. (9) Use of renewable energy resource. The applicant must provide a statement with the application that clarifies what, if any, renewable energy resources are available at the site and are being utilized. If none, then a notarized statement to that effect must be included with the application. (10) All permitted digital billboards must have the capacity to either freeze in a static position or display a black screen in the event of a malfunction. (a) The applicant must provide emergency contact information that has the ability and authority to make modifications to the display and lighting levels in the event of emergencies or a malfunction. (b) The Department will notify the sign owner of a malfunction that has been confirmed by ODOT in the following instances: (A) The light impairs the vision of a driver of any motor vehicle; or (B) The message is in violation of ORS 377.710(6) or 377.720(3)(d). (11) All digital billboard signs must comply with the light intensity and sensor requirements of ORS 377.720(3)(d). (a) The Department will take measurements of the permitted digital billboard when notified that the sign has been constructed and the permit plate has been installed. (b) The Department will use an approved luminance meter designed for use in measuring the amount of light emitted from digital billboards using the industry standard for size and distance as follows: (A) 150 feet for 12'x 25.' (B) 200 feet for 10.5'x 36'. (C) 250 feet for 14'x 48'. Or. Admin. Code § 734-060-0007
HWD 9-2011(Temp), f. 8-24-11, cert. ef. 9-29-11 thru 3-26-12; HWD 6-2012, f. & cert. ef. 3-26-12; HWD 11-2014, f. & cert. ef. 12/19/2014Stat. Auth.: ORS 184.616, 184.619, 377.710, 377.729, 377.753
Stats. Implemented: ORS 377.710, 377.720, 377.750, 377.767