Current through Rules and Regulations filed through December 27, 2023
(1) An applicant agrees that an approved
permit is subject to the following conditions:
(a) Signs shall be erected, maintained and
operational within 12 months of issuance of the permit or prior to the
expiration of any extension granted in accordance with O.C.G.A. §
32-674.
(b) The permit holder shall
provide notice of completion to the Department within ten (10) days of
completion of construction or revision of a permitted sign, including revisions
made under O.C.G.A. §
32-6-75(c).
The notice shall include an electronic photograph of the sign as viewed from
the main travelled way of the roadway from which the sign is permitted, and an
electronic photograph showing the permit identification tag and where it is
affixed to the structure.
(c)
Maintenance of Illegal Signs. Pursuant to O.C.G.A. §
32-6-79(f), the Department has the right to refuse to issue a permit to any person, firm or
corporation whom the Department determines is maintaining or is allowing to be
maintained an illegal sign or signs as defined by O.C.G.A. §
32-6-71(6);
(d) Liability of the Department, its
officials, agents or employees. Any permit issued by the Department is subject
to the following conditions: The applicant agrees by accepting any permit
issued by the Department to indemnify and save harmless the Department, its
officials, employees or agents, the State of Georgia and any political
subdivision thereof from responsibility for any damages or liability arising
from the erection or maintenance of any structure approved under the permit.
Permits will only be issued to the landowner where the sign is located or
someone with written proof of the landowner's consent to the erection of the
sign as specified in
672-6-.04(1)(e).
(e) Conforming Signs:
1. A maximum of one outdoor advertising sign
will be allowed per location and a maximum of two displays will be allowed per
facing.
(i) Outdoor advertising structures
which contain more than one display and are not classified as a double-faced,
back-to-back, or V-type sign shall be considered two signs. For the purposes of
these Rules, the following limitations are placed on the use of the terms
"single-faced","double-faced","back-to-back", and "V-type" signs:
(A) "Single-faced signs" shall be one
continuous physically connected structure constructed in a straight line with
one display facing one direction of travel;
(B) "Double-faced signs" shall be one
continuous physically connected structure constructed in a straight line with
two abutting displays facing one direction of travel;
(C) "Back-to-back signs" shall be considered
a single sign where two double-faced or single-faced signs or a combination
thereof are placed parallel to each other facing two directions of travel and
being constructed so that the signs are behind one another and that if one is
smaller it shall not project laterally beyond either edge of the larger sign
and being separated by no more than 15 feet, if separated;
(D) "V-type signs" shall be considered a
single sign when two double-faced or single-faced
signs or a combination thereof are placed facing two directions of travel in a
"V formation" with the angle formed by the intersection of each being no
greater than 90 degrees and if not actually intersected, that each shall be
located no further apart at their nearest points than 15 feet.
2. Permit
identification tag. A permit identification tag shall be attached to the sign
support nearest to the main traveled way before attachment of any outdoor
advertising display and must be visible from the main traveled way.
3. Spacing requirements. A sign may not be so
located that when considered in light of any permit previously granted to the
applicant or any other person, the spacing requirements, set forth in O.C.G.A.
§§
32-6-75 and
32-6-76, would be violated. The following methods of measurement will be used by the
Department:
(i) Sign Spacing. The minimum
distances between sign structures shall be measured along the nearest edge of
pavement between points directly opposite the closest points of the signs as
applied to sign structures located on the same side of the highway;
(ii) Interchange Spacing. If the sign is
located outside of the corporate limits of a municipality and adjacent to an
interstate highway within 500 feet of an interchange, intersection at grade, or
safety rest area, the foregoing 500 foot zone shall be measured along the
interstate highway from the furthermost point at which the pavement commences
or ceases on either side to widen at exits from or entrances to the main
traveled way;
(iii) All spacing
measurements shall be measured perpendicular to and along the nearest edge of
the pavement;
(iv) The following
signs within controlled areas are not counted when determining spacing
requirements:
(A) Official signs and notices,
public utility signs, service club and religious notices and public utility
signs as defined by O.C.G.A. §
32-6-71(13),(18),(19), and
(22);
(B) Signs advertising the sale or lease of
the property upon which they are located;
(C) "On premise" signs as defined
herein;
(D) "Illegal signs" as
defined by O.C.G.A. §
32-6-71(6), except illegal signs on the same property, or other property owned by the
applicant or landowner for which application is being made for a permit for a
sign;
(f) Nonconforming Signs:
1. The following restrictions are placed on
the maintenance of any nonconforming sign:
(i) There must be existing property rights in
the sign;
(ii) The right to
continue a nonconforming sign is confined to the sign owner or his transferee;
(iii) A nonconforming sign removed
for any reason may be moved to a conforming area, but cannot be reestablished
at a new location as a nonconforming use.
(iv) Routine maintenance may be performed,
but the sign must remain substantially the same as it was on the effective date
of the State law or regulations which rendered the sign nonconforming.
Extension, enlargement, replacement, rebuilding, adding lights either to the
sign or in any manner which results in the illumination of a sign that did not
previously have lights, or re-erection of a fallen or damaged face, or
rebuilding or replacement of the foundation or poles are not routine
maintenance and shall be considered a substantial change. Routine maintenance
will be limited to:
(A) replacement of nuts
and bolts;
(B) additional nailing,
riveting or welding;
(C) cleaning
and painting;
(D) manipulating the
level or plumb of the device, but not to the extent of adding guys, struts for
stabilization of the sign structure; and
(E) a change of the advertising message,
including changing the faces, as long as similar materials are used and the
sign face is not enlarged.
(v) At no time may changes be made in a
nonconforming sign which would increase the value of the sign;
(vi) A nonconforming sign may continue as
long as it is not abandoned, destroyed, discontinued, or purchased by any
governmental agency. Any sign suffering damage in excess of normal wear may be
repaired after:
(A) notifying the Department
in writing of the extent of the damage, the reason the damage is in excess of
normal wear, and providing a description of the repair work to be undertaken;
and
(B) receiving written notice
from the Department authorizing the repair work as described above. If said
work authorization is granted, it shall be mailed to the applicant within 30
days of receipt of the information described in (1) above.
O.C.G.A. Secs.
32-2-2, 32-6-90, 50-13-4.
Original Rule entitled
"Conditions for Issuance of Approved Permit" adopted. F.
Dec. 2, 1976; eff.
Dec. 22, 1976.
Repealed: New Rule of same title adopted. F.
Sept. 24, 1980; eff.
Oct. 14, 1980.
Amended: F. Dec. 4,
1986; eff. Dec. 24, 1986.
Amended: F. July 15,
1988; eff. August 4, 1988.
Amended: F. Sept. 15,
1988; eff. Oct. 5, 1988.
Amended: F. Aug. 23,
1999; eff. Sept. 12, 1999.
Repealed: New Rule of same title adopted. F.
Feb. 22, 2005; eff.
Mar. 14, 2005.
Amended: F. Mar. 19,
2012; eff. Apr. 8, 2012.