Ga. Comp. R. & Regs. R. 672-6-.01 - Definitions

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.

(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.

(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.

Notes

Ga. Comp. R. & Regs. R. 672-6-.01

O.C.G.A. Secs. 32-2-2, 32-6-90, 50-13-4.

. Original Rule entitled "Definitions" 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. Sept. 15, 1988; eff. Oct. 5, 1988. Repealed: New Rule of same title adopted. F. Feb. 22, 2005; eff. Mar. 14, 2005. Amended: F. Mar. 19, 2012; eff. Apr. 8, 2012.