Oregon Administrative Rules
Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION
Division 59 - SIGNS-GENERAL PROVISIONS
Section 734-059-0040 - Qualifying as a Business or Activity Open to the Public
Universal Citation: OR Admin Rules 734-059-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The following are not Businesses or Activities Open to the Public for the purposes of the Outdoor Advertising Sign Program:
(a) Outside advertising sign
structures;
(b) Agricultural,
forestry, ranching, grazing, farming land and related activities, including,
but not limited to, temporary roadside food and produce stands including
seasonal stands;
(c) Activities
that are housed in a temporary building or structure that are visible to the
traffic lanes of the traveled way and do not have indoor restrooms, utilities,
running water, functioning electrical connections or adequate heating;
(d) Where conducted in a building
that is primarily used as a residence, apartment house or residential
condominium;
(e) Recreational
facilities such as campgrounds, golf courses, tennis courts, wild animal parks,
and zoos, except for the portion of the activities occupied by permanent
buildings and parking lots which otherwise meet the criteria in this
subsection;
(f) Public or private
utilities including telephone poles, radio, microwave or cellular communication
towers; and,
(g) Railroad tracks
(2) In determining whether a location is a business or activity open to the public, the Department may consider the totality of the circumstances, including but not limited to the following:
(a) If a business license has
been issued by the state;
(b)
Whether the facility is open to potential customers, with regular hours of
operation;
(c) Whether there is
appropriate vehicular access and parking present;
(d) Whether there are indices of operation
such as a telephone, or other communication service, appropriate utility
connections, appropriate equipment, restroom facilities, permanent facility
structures, etc.; and,
(e) How
long the operation has been in existence.
Stat. Auth.: ORS 184.616, 184.619, 377.710, 377.720
Stats. Implemented: ORS 377.720
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