Chapter 672-6 GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING
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. § 36-66-1et
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. |
(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. |
(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. |
|
(z) |
"Urban Areas": The area within the
incorporated boundaries of a municipality having a population of 5,000 or more
or an adjacent area within the latest boundaries designated and fixed by the
outdoor advertising urban area boundary maps on file in the Atlanta Office of
the Department of Transportation and more specifically defined by O.C.G.A.
§ 32-6-71(26). |
(aa) |
"Zoned Commercial or Industrial Areas":
Those areas or districts as defined in O.C.G.A. § 32-6-71(29), under a comprehensive zoning plan approved by the State Transportation Board.
Additionally, the primary use of the area or district must be consistent with
its zoning designation. A Planned Unit Development (PUD) plan which has not
been approved by the local government shall not be considered zoning. |
The Department shall publish a "Schedule of Outdoor Advertising
Fees" on the Department website.
All forms referred to in these Rules may be obtained from the
Georgia Department of Transportation by accessing the address of the Outdoor
Advertising Unit on the Department's official webpage.
(1) |
Signs Requiring a Permit:
(a) |
Conforming Signs. The following are
required to obtain a permit prior to the construction or erection of a sign,
and for the continued maintenance of signs authorized by O.C.G.A. §§ 32-6-72(1),(4),(5), and
32-6-73(1):
1. |
Signs within 660 feet of the nearest edge
of the right of way of all controlled routes and visible from the main traveled
way which are:
(i) |
Directional and other
official signs and notices as defined by O.C.G.A. § 32-7-71(2) and
(13); |
(ii) |
Outdoor Advertising
signs in zoned commercial or industrial areas which provide information in the
specific interest of the traveling public; |
(iii) |
Outdoor Advertising signs in unzoned
commercial or industrial areas which provide information in the specific
interest to the traveling public. |
|
2. |
Signs beyond 660 feet from the nearest
edge of right-of-way of all controlled routes and visible from the main
traveled way outside of urban areas, and are:
|
|
(b) |
Nonconforming Signs. Signs which were
lawfully erected but do not comply with the provisions of State law or
regulations due to changes in State law, changes in rules and regulations or
changed conditions beyond the control of the sign owner since the erection date
of the sign are required to obtain a permit for their continued maintenance.
For all such signs, on or after March 24, 1980, an application for a
nonconforming permit must be filed with the Georgia Department of
Transportation in accordance with O.C.G.A. § 32-6-79(e). |
(c) |
Routes Added to Controlled System. Signs
that were erected on roads or highways on routes which were subsequently added
to the primary system are required to file an application for a permit within
sixty (60) days of written notification by the Department. In such instances,
those signs that meet the requirements for a conforming sign will be issued a
conforming permit. All other signs will be issued nonconforming
permits. |
(d) |
No permitted sign may
imitate or give the appearance of an "official" highway sign. |
|
(2) |
Signs that do not require a
Georgia Department of Transportation permit:
(a) |
Signs authorized by O.C.G.A. §§ 32-6-72(2) and
32-6-73(2), which advertise the sale or lease of the property upon which they are located;
provided that the message only consist of "This Property For Sale" or some
facsimile thereto; phone number and address of the seller or renter. The name
or logo of the agent, seller or renter may be displayed but must comprise an
area no greater than 25% of the total area of the sign. Signs advertising
vacant land or commercial properties must include a plat or brief description
of the property. |
(b) |
Signs
authorized by O.C.G.A. §§ 32-6-72(3) and
32-6-73(3), provided that all signs as defined by such provisions, meet the following
criteria:
1. |
The sign must be located within
one hundred (100) feet of the activity advertised by the sign. The distance
from the sign to the activity shall be measured by the shortest straight line
distance from the sign to the nearest regularly used building, parking lot,
driveway, storage or processing area, or other area physically used in a manner
necessary to, or customarily incident to, the activity and contiguous to the
activity; |
2. |
The following will not
be considered as use of an area in a manner necessary to, or customarily
incident to, the activity:
(i) |
Any activity
unrelated to the advertised activity; |
(ii) |
Any activity which, although carried on
as a part of the advertised activity, serves no reasonable or integrated
purpose to the activity; |
(iii) |
Any
activity which could reasonably be conducted within a reasonable proximity to
the advertised activity but which is separated by some distance, especially
where such activity is located at or near the end of a narrow strip of land
contiguous to the highway right-of-way; and |
(iv) |
Narrow strips of landscaped area along
the highway right-of-way. |
|
3. |
The sign must be on the same property on
which the advertised activity is located. The following will not be considered
to be the same property:
(i) |
Tracts of land
held in different estates or interests; |
(ii) |
Tracts of land separated by a public
road, a railroad, or a river; and |
(iii) |
Tracts of land not under common
ownership. |
|
4. |
The word
"activity" for the purpose of this part shall be defined as the name of the
place of business or attraction and may include a description of the goods or
services that are available at that location by name. |
|
(c) |
Signs beyond 660 feet from the nearest
edge of the rights-of-way on all controlled routes which are also inside of
urban areas. |
|
(1) |
Necessary forms and general information
can be obtained at the General Office or a District Office of the Department.
Three forms are required, a copy of your W-9, an Application for Outdoor
Advertising and a Local Government Certification for Outdoor Advertising. The
forms require the following information in addition to the information
specified by O.C.G.A. § 32-6-74:
(a) |
The description of the location of the
outdoor advertising sign including, but not limited to, the GPS
coordinates. |
(b) |
A description,
including the proposed or actual size, type of construction and height above
ground level and above the pavement level of the nearest lane of the main
traveled way of the outdoor advertising sign; A shop drawing of the sign to be
placed indicating the plan, elevation, and side views of the sign. Approximate
sign elevation above the nearest edge of the roadway and location from property
line. Sign configuration and face sizes. |
(c) |
The name, address, telephone number, and
email address of the applicant. The name, address, and telephone number of the
landowner. |
(d) |
A sketch identifying
the sign location along the state route by mile post and/or distance to nearest
intersecting road or permanent roadway feature. |
(e) |
Evidence satisfactory to the Department
of the property owners' consent to the erection and maintenance of the outdoor
advertising sign and including a right of entry for the Department, or its
agent or contractor or assignee, to inspect or carry out any lawful order or
activity relating to the outdoor advertising sign. A lease submitted to the
Department in accordance with this Section shall contain language to the effect
of such a Right of Entry in favor of the Georgia Department of Transportation.
In the absence thereof, the property owner, its agent or a Lessee appointed as
agent by the property owner, shall execute any and all necessary forms to
effectuate a Right of Entry in compliance with this Section as required by the
Georgia Department of Transportation; |
(f) |
A completed local government
certification by the Public Official having jurisdiction over such matters that
the proposed structure is located in an area appropriate for such construction
under local laws, ordinances or regulations, if locally regulated, or that the
jurisdiction has no such controls; |
(g) |
A statement by the applicant that he will
comply with O.C.G.A. §§ 32-6-70 through
32-6-97; |
(h) |
Any other relevant information reasonably
necessary for the Department to evaluate the application; and |
(i) |
Required application fees in the Schedule
of Outdoor Advertising Fees as found on the Department website. |
|
(2) |
Where to file: Applications
and the renewal of same are to be submitted to the Outdoor Advertising Unit.
General Information and necessary forms may be obtained online through the
Department's official webpage or at a District Office by accessing the
addresses of the Outdoor Advertising Unit on the Department's official webpage.
However, no field checks or preliminary qualification of a sign or proposed
site will be performed by the Department until a complete application package
and fee have been submitted. |
(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; |
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(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. |
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(1) |
In accordance with requirements of the
O.C.G.A. §§ 32-6-75 and
32-6-76, the following limited revisions may be made in a previously approved conforming
permit and sign upon the submission of a written request from the permit holder
or his authorized representative and receipt of the Department's approval prior
to the making of the revisions, providing, no alterations or additions are to
be made until written approval has been granted by the Department of
Transportation:
(a) |
The number of faces of
the outdoor advertising; |
(b) |
The
number of facings of the outdoor advertising; |
(c) |
An increase in the size of the outdoor
advertising; |
(d) |
The addition of
illumination; and |
(e) |
The addition
of a readerboard. |
|
(2) |
Revisions under O.C.G.A. § 32-6-75(c)shall
require an Application for Multiple Message Supplement.
(a) |
Signs with the ability to change copy,
regardless of technology, must obtain a multiple message supplement prior to
erection. |
(b) |
Revisions in display
technology must obtain a multiple message supplement approval prior to
erection. |
(c) |
Conditions for
issuance of Multi-Message Outdoor Advertising Supplement:
1. |
Proposed sign locations, regardless of
technology, shall not be located within 5,000 feet of an existing or approved
multi-message sign on the same side of the road. |
2. |
Contact information of a capable and
authorized person to make prompt modifications to the displays and lighting
levels should the need arise. In the event the contact person is unobtainable
or unresponsive, the permit holder grants to the Department the authority to
access and disable the sign in cases of emergency or when the sign poses a
threat to public safety. |
3. |
Displays shall contain static messages only, changed instantaneously, through
transitions that do not have the appearance of moving text or images. In any
event, such signs may not have movement, or the appearance of or illusion of
movement, of any part of the sign structure, design, or pictorial segment of
the sign, including the movement of any illumination or the flashing,
scintillating or varying of light intensity. |
4. |
Dark backgrounds with light lettering or
symbols are preferred between dusk and dawn to reduce potential hazardous
effects. In any event glare or excessive brightness that poses a threat to
public safety is to be avoided. |
5. |
Should the Department, at its discretion, find the sign, any display or effect
thereon, to cause glare or impair the vision of the traveling public or which
otherwise interferes with the operation of the roadway facility, upon request,
the owner of the sign shall promptly reduce the intensity or contrast of the
sign to a level acceptable to the Department, or make any other changes
necessary to reduce the interference with the operation of the roadway
facility. Failure to make changes on the request shall be cause for revocation
of the multi-message permit. |
6. |
Should any endangered or threatened species of wildlife be found nesting or
foraging on or in close proximity to the structure, the sign face shall remain
frozen until such a time as the Department, in conjunction with the sign owner
and the Georgia Department of Natural Resources, Environmental Protection
Division, determines the appropriate remediation to minimize potential harm
from the sign or changes to the sign face. |
7. |
Electronic signs shall, in addition to the
requirements set out above, comply with the conditions for multiple message
signs contained in the Official Code of Georgia annotated and any other
applicable laws, rules or regulations. |
|
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(3) |
The sign shall be operating in accordance
with the permit within twelve (12) months of approval or shall expire without
further notice. The permit holder shall provide the Department notice when the
sign begins operating in accordance with the multi-message
supplement. |
(1) |
Effective Date
of Renewal- All permits shall expire on the first day of April the year
following issuance and shall be renewed between January
1st and April 1st each
calendar year. |
(2) |
Renewal Notice-
The Department shall furnish an itemized list of permits to the last known
address of each permit holder in December of each year. Permit holders shall
review the information and use the notice to update permit information and pay
renewals. Permit holders shall indicate any permit not to be renewed and any
unlisted permits and provide supporting documentation to the Department. as
well as any discrepancies with supporting documentation to the Department. A
copy of the notice with appropriate fees for each permit being renewed, the
proposed removal date for any sign which permit is not being renewed, and the
supporting documents for contested permits shall be submitted by April
1st. The Department shall record renewal payments
and respond to any discrepancies in writing within 30 days of receipt.
Permit holders will be notified by certified mail of permits
not renewed by the renewal date of April 1st. and
given 45 days to renew or remove the sign. Upon expiration of the 45 day
period, any sign not renewed or removed shall be deemed illegal as a matter of
law and subject to removal without further administrative
proceeding.
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(3) |
Situations
in which renewal will not be issued. When the conditions set forth in
subsection (1) of Section 672-6-.07 of this Rule have been followed, a renewal
will be issued by the Department, except when:
(a) |
The applicable permit identification tag
issued by the Department is not attached to the sign support or is not attached
in the manner prescribed herein; or |
(b) |
The applicant's permit has been revoked
by the Department pursuant to these Rules; or |
(c) |
The permit has been issued through error
and corrections have not or cannot be made by the sign owner; or |
(d) |
The sign has been abandoned or
discontinued. |
|
(4) |
Transfer of Permits:
(a) |
Permits are
transferable upon proper notice to the Department under the following
conditions:
1. |
Notice must be given within 30
days of the change in ownership of the sign; |
2. |
The application must be on forms
prescribed by the Department and such forms shall require:
(i) |
that the transferee agree to the terms
and conditions of the original or revised permit or the permit in use at the
time of transfer; |
(ii) |
a statement
of the date of the transfer attested to by both seller and purchaser;
|
(iii) |
evidence satisfactory to the
Department that such transfer is acceptable to the landowner to the extent that
he agrees to the continued maintenance of the sign on his property; |
|
3. |
Transfers will not be made if
renewal fees are not current. |
|
(b) |
Penalty for Non-Compliance. Failure to
timely and properly comply with this provision shall be grounds for revocation
of the permit. |
|
(5) |
"Initial Permit Extension" - The initial permit erection period may be extended
one twelve month period as long as the application for extension and fees are
received a minimum of 30 days before the expiration date. Only one extension
may be granted for a permit. The permit holder may not apply for a new permit
at the same location where a permit has been extended until the business day
following the expiration date of any extension.
Permit extension requests may be denied including, but not
limited to, the following reasons:
(a) |
Request not filed by the deadline; or |
(b) |
Maintenance of an illegal sign by permit
holder; or |
(c) |
Maintenance of an
unauthorized sign on permit property; and |
|
(1) |
If the Department believes that a permit
holder has violated the conditions or certifications of his permit, the
Department shall give thirty (30) days written notice by certified mail to the
permit holder notifying him of said violation or violations. The notice shall
contain the following information:
(b) |
Location and
Description of Sign; |
(c) |
The
section or sections of the Official Code of Georgia Annotated or these Rules
which are being violated. |
|
(2) |
A Permit or renewal thereof may be
revoked when:
(a) |
Vegetation has been
poisoned, cut, or otherwise unlawfully destroyed on state rights-of-way at the
sign location by or at the direction of the sign owner or the
landowner; |
(b) |
A permit has been
issued in error; |
(c) |
A renewal has
been issued in error; |
(d) |
The
revision of a permit has not been completed in accordance with Section
672-6-.06 or an approved revision has
been abandoned; |
(e) |
The permit
holder has violated any section of these rules and regulations or the O.C.G.A.
§§ 32-6-70 through
32-6-97;
and |
(f) |
The sign has not had any
advertising message for a period of 12 months. |
|
(3) |
Permits shall expire for the following
reasons:
(a) |
Failure to erect and operate the
sign within twelve (12) months of the issuance of the permit or within the term
of an approved supplement; |
(b) |
An
approved revision has not been completed or is not operating within twelve (12)
months; and |
(c) |
Failure to pay
renewal fees within the time allotted under O.C.G.A § 32-6-74 and 672-6-07. |
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An appeal from an adverse action by the Department may be made
under the practices and procedures set forth in Rule
672-1-.05, Rules of the Georgia
Department of Transportation, as long as the appeal is filed within 30 days
following the Notice by the Department.
Should a permit holder fail to request an Administrative
hearing in accordance with
672-1-.05 prior to the expiration of
the thirty (30) days following the Notice of Violation, the permit shall be
revoked without further notice or hearing, the sign deemed illegal, and the
Department shall be permitted to have the sign removed in accordance with
O.C.G.A. § 32-6-96.
Pursuant to O.C.G.A. §§ 32-6-75.3 and
32-6-81, trees, shrubs, or other property on the state right-of-way shall not be
unlawfully destroyed, altered, replaced, or removed. The Department will
prosecute any infraction of this provision and the permit or permits for the
signs adjacent to such infraction may be revoked. In order to revoke a permit
the Department shall not be required to obtain a criminal conviction for the
destruction of the property.
(a) |
Prior
to revocation of a permit the Department shall give 30 days' written notice via
certified mail to the permit holder and the landowner, this notice shall inform
the landowner and permit holder of the right to request a hearing in accordance
with O.C.G.A. § 50-13-13et
seq. |
(b) |
The Department
may seek as an additional remedy at the same Administrative Hearing, in
addition to revocation of the permit, a prohibition of the erection or
maintenance of any signs within 500 feet on either side of that sign site or
sites for a period not to exceed five (5) years. |
(1) |
When the Department determines that a
conforming sign has become nonconforming, the Department shall notify the
permit holder by certified mail of the changed status. In an unzoned area, if
the business used to qualify a sign permit as conforming has been inactive for
6 months or more, the Department may convert the permit to non-conforming upon
notice to the permit holder. |
(2) |
If
a permit holder believes a non-conforming sign has become eligible for a
conforming permit, the permit holder may apply for conversion to a conforming
permit by submitting an Application for Outdoor Advertising Permit and an
application fee. If the Department determines the sign is eligible for
conversion, the existing permit will be converted to conforming
status. |