Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following terms, as used in the Rules of this Chapter,
				shall have the following meanings unless the context thereof indicates to the
				contrary:
(a) "Abandoned" or
			 "Discontinued": Any sign adjacent to a state-controlled route that has not
			 contained a message for six consecutive months and which has not had a message
			 displayed within thirty (30) days after receipt of notice by certified mail
			 from the department. The addition of a 'for rent' panel or a phone number shall
			 not qualify as a message for purposes of this subsection, but a self
			 promotional copy covering at least one entire sign face, advertising copy
			 benefitting charitable, nonprofit, religious, or other noncommercial groups
			 shall qualify as a message.
(b)
			 "Agent": A person properly authorized in writing to represent and bind
			 another.
(c) "Administrative Law
			 Judge": An individual who is authorized to hear administrative appeals in
			 contested cases as provided for in O.C.G.A. §
								50-13-41(a).
(d) "Board": The State Transportation Board
			 of Georgia.
(e) "Comprehensive
			 Zoning Plan": Means a zoning plan or ordinance adopted by either a city or a
			 county in accordance with the Georgia Zoning Procedures Law O.C.G.A. §
								36-66-1
et
			 seq.
A Comprehensive Zoning Plan shall be reviewed and accepted by the
			 Board for outdoor advertising purposes if it, (1) effectively zones the entire
			 city or county and, (2) does not utilize strip or spot zoning. For Outdoor
			 Advertising purposes only, if the zoning of jurisdiction is not approved by the
			 State Transportation Board the Department may treat the jurisdiction as unzoned
			 until such time that said zoning is approved as being acceptable for Outdoor
			 Advertising purposes.
(f)
			 "Conforming Sign": Those signs defined by O.C.G.A. §§
								32-6-72(1),(4),(5), and
			  32-6-73(1).
(g) "Controlled Routes": The primary system
			 as defined by O.C.G.A. §
								32-6-71(16).
(h) "Department": The Department
			 of Transportation of the State of Georgia.
(i) "Destroy" or "Destroyed": An act which
			 renders the sign useless for its intended purpose, though it may not literally
			 demolish or annihilate the sign. A sign is destroyed when it is no longer in
			 existence due to factors other than vandalism or other criminal or tortuous
			 act. A sign is destroyed when sixty percent (60%) or more of the upright
			 supports of a sign structure are physically damaged such that normal repair
			 practices would call for: in the case of wooden or metal I-beam sign
			 structures, replacement of the broken supports; or, in the case of metal sign
			 structures, replacement of at least thirty percent (30%) of the length above
			 ground of each broken, bent, or twisted support.
(j) "Display" or "Face": That portion or side
			 of an outdoor advertising sign which is designed, intended or is used to
			 advertise or inform. In the event that a sign facing consists of two or more
			 separate but physically connected slats or similar devices which are designed,
			 intended, or used to advertise or inform, then each such separate device shall
			 be considered a separate display or face. An owner identification placard shall
			 not be considered a portion of the display or face. A changeable panel or
			 readerboard, with the ability to change information shall be considered a part
			 of the display only if it references the static advertisement on the board,
			 changes no more often than once per minute and encompasses no more than
			 twenty-five percent (25%) of the display area.
(k) "Engineer": The Chief Engineer, acting
			 directly or through a duly authorized representative, such representative
			 acting within the scope of the particular duties assigned to him and within the
			 authority given him.
(l) "Expired"
			 or "Lapsed" Permits or Revisions: Is a properly issued permit or revision which
			 is no longer valid because it's conditions have not been completed or revised
			 within the applicable time frame. This includes failure to pay any applicable
			 fees. Permits which have expired solely as a result of failure to pay fees may
			 be referred to as lapsed for purposes of O.C.G.A. §
								32-6-75.3(j) and  State Transportation Board Rules
			  672-14-.02.
(m) "Facing": Either side of an outdoor
			 advertising sign.
(n) "General
			 Office": Georgia Department of Transportation, 600 West Peachtree Street, N.W.,
			 Atlanta, GA 30308.
(o) "Illegal
			 Sign": Those signs defined by O.C.G.A. §
								32-6-71(6).
(p) "Interchange": Any entry or exit point
			 from the main travelled way of a limited access highway.
(q) "Lease" or "Outdoor Advertising Lease": A
			 written agreement between the property owner and sign company to allow the
			 erection and maintenance of a sign.
(r) "Mixed Use Zoning": Property zoned mixed
			 use pursuant to state or local zoning laws or ordinances as a part of a
			 comprehensive zoning plan. The Department may consider this type of zoning
			 acceptable for outdoor advertising purposes only if the property in the
			 vicinity of the location under consideration is primarily commercial or
			 industrial.
(s) "On Site" or "On
			 Premise" Sign: Those signs authorized by O.C.G.A. §§
								32-6-72(3) and  
			  32-6-73(3).
(t) "Primary Use": Is a determination by the
			 Department for the purpose of evaluating applications for outdoor advertising
			 permits. For a permit to be issued in a zoned commercial or industrial area,
			 the primary use of the property must be determined to be consistent with its
			 commercial or industrial zoning. Factors to be considered include, but are not
			 limited to: the expressed reasons for the zoning designation/change, the zoning
			 of the surrounding area, the actual land uses nearby, the existence of
			 development and construction plans, certified by a licensed professional
			 engineer, for commercial or industrial development scheduled to begin within
			 two years, the assessment of real estate taxes at commercial/industrial rates,
			 the presence of utilities such as water, electricity, and sewage, the existence
			 of access roads or dedicated access to the newly zoned area, and the existence
			 of commercial or industrial activities which, if unzoned, would qualify an area
			 as an unzoned commercial or industrial area under  672-6-.01(y). No one of the
			 above factors is determinative.
(u)
			 "Property Owner": The owner of the land on which outdoor advertising authorized
			 by the Georgia Code of Public Transportation, is sought to be erected or
			 maintained.
(v) "Residence Owner":
			 The owner of a residence within three hundred (300) feet of the existing or
			 proposed location of outdoor advertising authorized by O.C.G.A. §§
								32-6-72(1),(4),(5), and
			  32-6-73(1).
			 For the purpose of these Rules,"residence" shall mean a building or structure
			 in which one or more persons actually maintain living quarters although it may
			 be temporarily vacant and said premises are used primarily for residential
			 purposes.
(w) "Spot Zoning": The
			 process of designating a small parcel, or portion of a parcel of land for a use
			 classification different from and less restrictive than that of the surrounding
			 area to qualify for purposes either implied or expressed, the parcel for
			 Outdoor Advertising permits, which proposed classification is made without any
			 consideration overall of the neighboring land use.
(x) "Strip Zoning": The process of
			 designating a narrow strip of land no more than 250 feet wide, measured
			 perpendicular to the right of way, consisting of either a single parcel or
			 contiguous parcels, for a use classification different from and less
			 restrictive than that of the surrounding area which proposed classification is
			 made without any consideration overall of the neighboring land use
			 character.
(y) "Unzoned Commercial
			 or Industrial Areas": For purposes of outdoor advertising, those areas or
			 districts as defined in O.C.G.A. §
								32-6-71(25).
			 Additionally, one or more commercial or industrial activities must meet the
			 following criteria before an outdoor advertising permit application will be
			 granted:
1. The activity shall maintain all
			 necessary business licenses as required by applicable state, county or local
			 law or ordinances;
2. The activity
			 shall have direct vehicular access from a public road that is normal and
			 customary for ingress and egress by the public to the activity as well as
			 adequate parking to accommodate public access;
3. If there is a permanent structure, the
			 activity shall include customary facilities such as indoor restrooms, running
			 water, functioning electrical connections, and adequate heating and shall be
			 equipped with a permanent flooring from material other than dirt, gravel or
			 sand;
4. The activity, if open to
			 the public, shall be open during hours that are normal and customary for that
			 type activity in the same or similar communities; and
5. If there is a permanent structure or
			 building, it shall have a permanent foundation, built or modified for its
			 current commercial or industrial use, and the building must be located within
			 660 feet from the nearest edge of the right-of-way of the controlled route.
			 Where a mobile home or recreational vehicle is used as a business or office,
			 the following conditions and requirements shall also apply:
a. A self-propelled vehicle shall not qualify
			 for use as a business or office for the purposes of these rules.
b. All wheels, axles and springs shall be
			 removed.
c. The vehicle shall be
			 permanently secured on piers, pad or foundation.
Provided, however none of the following, but not limited to the
				following, shall be considered commercial or industrial activities for the
				purpose of outdoor advertising:
1.
			 outdoor advertising structures;
2.
			 agricultural, forestry, ranching, grazing, farming and related activities,
			 including but not limited to wayside fresh produce stands;
3. transient or temporary businesses and
			 activities, including weekend or seasonal flea markets without permanent
			 structures. All businesses and activities that qualify must be established at
			 least 90 days before the location is eligible;
4. activities not visible from the main
			 traveled way;
5. activities more
			 than 660 feet from the nearest edge of the right-of-way;
6. activities conducted in a building
			 principally used as a residence; and
7. railroad tracks, minor sidings, cell
			 towers, and other utility facilities.