Rule 672-6-.05 - Conditions for Issuance of Approved Permit(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. §32-6 74.(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.Ga. Comp. R. & Regs. R. 672-6-.05
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.